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Mining Law in Surabaya, Indonesia is part of the broader legal framework that governs mineral and coal mining activities throughout Indonesia. It is rooted in national legislation, such as Law No. 4 of 2009 concerning Mineral and Coal Mining (commonly known as the Mining Law), along with relevant regulations from the Ministry of Energy and Mineral Resources (MEMR). At the local level, Surabaya and the East Java Province implement these rules and may issue their own regulations to ensure mining activities comply with regional environmental, land use, and development plans. Mining Law covers the issuance of licenses, operational standards, community and environmental protections, and dispute resolution mechanisms for any activity related to mineral and coal extraction.
Mining activities involve a complex array of laws and regulations at both the national and local levels. You may require a mining law specialist in situations such as:
A qualified lawyer can help you interpret regulations, handle paperwork, avoid legal pitfalls, and represent your interests during negotiations or disputes.
In Surabaya and the wider East Java region, all mining activities are subject to national laws, but local government bodies also play crucial roles, especially in granting certain permits and overseeing compliance. Key aspects relevant to mining law in this area include:
Understanding these legal frameworks is crucial before starting or investing in mining projects in Surabaya.
The main law is Indonesia’s Law No. 4 of 2009 on Mineral and Coal Mining, supported by local regulations and ministerial decrees applicable in Surabaya and East Java.
Both Indonesian individuals and legal entities, including local or foreign-owned companies registered in Indonesia, may apply, subject to fulfilling specific criteria and approvals.
The main types include the Mining Business License (IUP), Special Mining Business License (IUPK), and People’s Mining Permit (IPR), each with different requirements and scopes.
Land can be acquired through purchase, lease, or cooperation agreements. The process must respect existing land rights, and fair compensation must be provided to landowners following government procedures.
Operators must prepare anEnvironmental Impact Assessment (AMDAL), implement environmental management plans, and comply with both national and local environmental standards.
Yes - mining operators must consult local communities, provide fair compensation where appropriate, and may be required to contribute to community development projects.
Mining businesses must pay central and regional taxes, as well as royalties set by the government based on mineral type and production volume. Failure to comply can result in fines or license revocation.
Disputes may be resolved through negotiation, mediation, local administration, or formal court and arbitration processes, depending on the dispute’s nature and severity.
Unauthorized mining can result in criminal prosecution, administrative sanctions, fines, and closure of operations, with possible confiscation of equipment and materials.
Foreign investors can participate by setting up Indonesian legal entities or entering joint ventures with local companies, but are subject to investment and ownership restrictions under Indonesian law.
If you are seeking further information or support regarding Mining Law in Surabaya, consider these resources:
If you need legal assistance with mining law matters in Surabaya, start by identifying your specific issue - such as licensing, land acquisition, environmental regulation, or dispute resolution. Collect all relevant documents and background information. Then, consult a licensed lawyer or legal consultant experienced in mining law and familiar with both national and East Java regional regulations. Prepare a list of questions and desired outcomes to discuss during your consultation. For official processes or disputes, be ready to work with relevant government agencies and provide requested paperwork promptly. Early and knowledgeable legal consultation can save significant time and resources, ensuring your mining project complies with all applicable laws and regulations.
