scholarly journals ASPEK HUKUM PROSES DIVESTASI SAHAM OLEH PERUSAHAAN PERTAMBANGAN ASING

2019 ◽  
Vol 7 (2) ◽  
pp. 228
Author(s):  
Melati Adventine Christi Silitonga ◽  
Adi Sulistiyono
Keyword(s):  
Mineral Resources ◽  
Legal Aspects ◽  
Legal Research ◽  
Mining Companies ◽  
The Past ◽  
The Government

<p>Abstract<br />This article aims to examine the legal aspects of the share divestment process carried out by  foreign mining companies in Indonesia and related to the obligation of the share divestment process offered to Indonesian Participants by Foreign Mining Companies according to the applicable legislation. This method of writing is legal research with a statute approach. Based on the research, the divestment arrangements in Indonesia still intersect with the non-compliance  of foreign mining companies and the uncertainty of regulations in the past, so that the divestment  process of foreign mining companies such as PT Freeport Indonesia had problems with the Government. The problem during the divestment of PT Freeport Indonesia's shares due to the incompatibility of permits granted by the Government through the Ministry of Energy and Mineral Resources to PT Freeport Indonesia was feared to provide bad influences for foreign mining companies which would later also divest.<br />Keywords: divestment; share; law; mining</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji aspek hukum dari proses divestasi saham yang dilakukan  oleh perusahaan pertambangan asing di Indonesia dan terkait dengan kewajiban proses divestasi saham yang ditawarkan kepada Peserta Indonesia oleh Perusahaan Pertambangan Asing menurut perundang-undangan yang berlaku. Metode penulisan ini adalah legal research dengan pendekatan perundang-undangan (statute approach). Berdasarkan penelitian, pengaturan divestasi di Indonesia masih bersinggungan dengan ketidakpatuhan perusahaan pertambangan asing serta ketidaktegasan peraturan di masa lalu sehingga membuat proses divestasi perusahaan pertambangan asing seperti PT Freeport Indonesia sempat bermasalah dengan Pemerintah.. Permasalahan selama divestasi saham PT Freeport Indonesia terbentur pada ketidaksesuaian izin yang diberikan oleh Pemerintah melalui Kementerian Energi dan Sumber Daya Mineral kepada PT Freeport Indonesia dikhawatirkan dapat memberikan influensi yang buruk bagi perusahaanperusahaan pertambangan asing yang nantinya juga akan melakukan divestasi.<br />Kata kunci: divestasi; saham; hukum; pertambangan</p>

scholarly journals The Principle of Regulation of Mining Business License

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 121
Author(s):  
La Sensu Sensu ◽  
Oheo K. Haris ◽  
Muhammad Nazar
Keyword(s):  
Basic Principle ◽  
Government Policy ◽  
Local Governments ◽  
Local Community ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Legal Research ◽  
Basic Principles ◽  
Regional Autonomy ◽  
The Government

The purpose of this study is to see and analyze the substance of a mining business permit regulation for the government to communities around mining and to find out and analyze the basic principles of a government policy to give birth to the welfare of communities around mining. This research used socio-legal research, which is a type of research whose orientation is focused on legal and non-legal aspects, namely the work of law in society and government. This revealed is that (1) the nature of Mining Business Permit Arrangements in regional autonomy has created euphoria among local governments, one of which is the assumption that mining belongs to the region and the local community; (2). Whereas the basic principle of the birth of a policy that does not pay attention to the welfare and interests of the local community will result in environmental damage, disharmony between residents, and the absence of commitment to building from mining entrepreneurs from the community around the mine.

scholarly journals Review of the Survey's activities in 1987

1988 ◽  
Vol 140 ◽  
pp. 5-7
Author(s):  
M Ghisler
Keyword(s):  
Economic Geology ◽  
Mineral Resources ◽  
Field Work ◽  
Mineral Deposits ◽  
Home Rule ◽  
Geological Investigation ◽  
Petroleum Potential ◽  
The Past ◽  
The Government ◽  
Reconnaissance Surveys

Over the past few years many functions of the Ministry for Greenland have been transferred to the Greenland Home Rule Administration. FolIowing the reorganisation of the government after the general election in September 1987 the Ministry for Greenland was abolished and its remaining functions transferred to other ministries. The Geological Survey of Greenland, together with the Greenland Mineral Resources Administration and the Greenland Environment Research Institute were transferred to the Danish Ministry of Energy. The Minister of Energy, Svend Erik Hovmand, visited GGU in October. The systematic geological investigation of Greenland and its mineral deposits and petroleum potential continl;led throughout 1987 - GGU's work comprised geologicaI mapping and reconnaissance surveys combined with more detailed studies in selected areas with emphasis on economic geology. The scientific and technical staff of 114 continues to be based in Copenhagen. A total of 92 participants were engaged in the field work in Greenland and carried out programmes in both East and West Greenland.

scholarly journals FREE, PRIOR AND INFORMED CONSENT IN FULFILLING THE CONSTITUTIONAL RIGHTS OF CITIZENS IN THE MINING SECTOR

2021 ◽  
Vol 1 (1) ◽  
pp. 11-21
Author(s):  
Harliansyah Harliansyah ◽  
Astiti Swanita Rini ◽  
Eva Nopitasari Siagian ◽  
Tuntas Karawahno Andjab ◽  
Rokhaya Fall
Keyword(s):  
Informed Consent ◽  
Government Policy ◽  
Mineral Resources ◽  
Constitutional Rights ◽  
Legal Research ◽  
Mining Sector ◽  
Directorate General ◽  
The Government ◽  
The Relationship ◽  
Policy Setting

Based on data from the Directorate General of Mineral and Coal, Ministry of Energy and Mineral Resources, in 2017, there are 9,353 Mining Business Licenses (MBL) with 9,074 MBLs entered in the DG of Mineral and Coal database. Of these, 6,565 MBLs passed the CnC requirements, while the remaining 2,509 MBLs were categorized as non-CnC. The focus of the problems studied are: (1) What is the Direction of Changes in Government Policy in the Mining Sector? (2) What is the relationship between Free, Prior and Informed Consent with the fulfillment of the constitutional rights of citizens in the mining sector? The method used in this study is doctrinal legal research focusing on sources of law. The result shows that (1) There are changes in government policy in the mining sector, which was only constrained in its implementation, but has now become more problematic because of the removal of the article on the imperative community participation; (2) In every policy setting, FPIC must be implemented and must be given to the community, especially those who are directly affected. Thus, FPIC can be said to be a form of community rights that must be fulfilled by the government as the licensor legally to fulfill the constitutional rights of its citizens.

scholarly journals LEGAL STATUS OF LAND RIGHTS OF THE MINING COMPANIES IN CENTRAL SULAWESI

2021 ◽  
Vol 2 (1) ◽  
pp. 08-15
Author(s):  
Agus Lanini ◽  
Ikhsan Syafiuddin ◽  
Agustina Ali ◽  
Sulbadana Sulbadana ◽  
Lembang Palipadang ◽  
...  
Keyword(s):  
Legal Status ◽  
Land Rights ◽  
Mining Area ◽  
Legal Research ◽  
Mineral Mining ◽  
Mining Companies ◽  
Field Data Collection ◽  
The Government ◽  
Central Sulawesi ◽  
Depth Interviews

This study aims to describe and analyze the legal status of mineral mining companies' land in Central Sulawesi, and secondly to explore and/or find alternative concepts in the field of land use adopted by the community in the mining area and its surroundings. To achieve this goal, a sociological/socio legal research method will be used. Document studies are carried out through a search for legal materials; primary, secondary and tertiary to obtain some data, then field data collection was carried out in the form of observations, in-depth interviews and participatory discussions (PRA). The phenomenon of problematic mineral mining occurs in almost every region in Indonesia, including Central Sulawesi. These facts show the importance of this research to be carried out in Central Sulawesi. Mining business is carried out after obtaining a permit from the government, prior to agreement with the party who has land rights, the government has first issued a mining business permit (hereinafter abbreviated as IUP), after the IUP is issued then a settlement with the party who has land rights in order to obtain approval. Land rights are very important in this regard, so the author is of the opinion that in granting mining business permits, comprehensive and effective consultation and deliberation first need to be carried out, involving communities directly affected by mining business activities, so that land rights are guaranteed optimal

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

E-Projects Challenges in India – Role of Human Resource Management and Technology

2018 ◽  
Vol 6 (8) ◽  
pp. 263
Author(s):  
Ramnik Kaur
Keyword(s):  
Developing Countries ◽  
Public Administration ◽  
Paradigm Shift ◽  
Successful Implementation ◽  
The Public ◽  
Government Services ◽  
The Past ◽  
The Government ◽  
Traditional Approaches

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.

Hubungan Kemendagri dan Kemendes dalam Tata Desa dan Administrasi Desa

2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi
Keyword(s):  
Constitutional Law ◽  
Administrative Law ◽  
Point Of View ◽  
Legal Research ◽  
The Government ◽  
The Village ◽  
The Relationship

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.

Why do the national financial and monetary policies not boost the economy?

2020 ◽  
Vol 26 (7) ◽  
pp. 1496-1521
Author(s):  
N.I. Kulikov ◽  
M.A. Kulikova ◽  
A.A.S.R. Mobio
Keyword(s):  
Central Bank ◽  
Policy Support ◽  
Gdp Growth ◽  
Government Contracts ◽  
Monetary Policies ◽  
The Past ◽  
Russian Economy ◽  
Yearly Average ◽  
Analysis And Synthesis ◽  
The Government

Subject. This article assesses the reasons why the economic policy of the Government and Central Bank of Russia does not cause the economic advance. The article tries to find out why the two strategic programmes adopted over the past ten years have not been implemented in most indicators. Objectives. The article aims to analyze the results of financial and monetary policies in Russia over the past ten years, and establish why the Russian economy has been growing within one percent yearly average all these years, and its share in the world economy has not grown, but got reduced even. Methods. For the study, we used the methods of analysis and synthesis. Results. The article proposes certain measures and activities to move to soft financial and monetary policies of the State and corresponding changes in the structure of the Russian economy. This will help ensure six to seven percent GDP growth annually. Conclusions. High loan rates have become the main obstacle to GDP growth in Russia. It is necessary to accept concrete actions and decisions concerning the Bank of Russia key rate, expansion of the functions of the Central Bank of the Russian Federation, industrial policy, support of consumer demand, long-term government contracts for the real sector enterprises, etc.

Determinants of Trading Decision: An Experiential Examination

GIS Business ◽  
2018 ◽  
Vol 13 (1) ◽  
pp. 1-9
Author(s):  
Gunjan Sharma ◽  
Tarika Singh ◽  
Suvijna Awasthi
Keyword(s):  
Stock Market ◽  
Capital Markets ◽  
Capital Market ◽  
Capital Mobility ◽  
Influential Factors ◽  
Herd Behavior ◽  
Human Beings ◽  
The Past ◽  
The Government ◽  
Indian Stock Market

In the midst of increasing globalization, the past two decades have observed huge inflow of outside capital in the shape of direct and portfolio investment. The increase in capital mobility is due to contact between the different economies across the globe. The growing liberalization in the capital market leads to the growth of various financial products and services. Over the past decade, the Indian capital market has witnessed numerous changes in the direction of developing the capital markets more robust. With the growing Indian economy, the larger inflow of funds has been fetched into the capital markets. The government is continuously working on investor’s education in order to increase retail participation in the Indian stock market. The habits of the risk-averse middle class have been changing where these investors started participating in the Indian stock market. It is an explored fact that human beings are irrational and considering this fact becomes imperative to investigate factors that influence the trading decisions. In this research, ‘an attempt has been made to investigate various factors that affect the individual trading decision’. The data has been collected from various stockbroking firms and from clients of those stockbroking firms their opinions were recorded by means of a questionnaire. Data collected through the structured questionnaire, 33 questions were prepared which was given to the 330 respondents on the basis of convenience sampling out of which 220 individuals filled questionnaire, the total of 200 questionnaires was included in the study after eliminating the incomplete questionnaire. Various factors are being explored from the literature and then with the help of factor analysis some of the most influential factors have been explored. Factors like overconfidence, optimism, cognitive bias, herd behavior, advisory effect, and idealism are the factors which influenced the trading decision of the investors the most. Such kind of a study is contributing in the area of behavioral finance as a trading decision is an important aspect while investing in the stock market. And this kind of study would be helping and assisting financial advisors to strategies for their clients in making the right allocation and also the policy maker and market regulators to come up with better reforms for the Indian stock markets.

Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto
Keyword(s):  
Legal Protection ◽  
Criminal Code ◽  
Professional Standards ◽  
Doctor Who ◽  
Legal Research ◽  
Criminal Offender ◽  
Standard Operating ◽  
Medical Emergencies ◽  
The Government ◽  
Legal Consequences

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>

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