TINJAUAN YURIDIS KEWAJIBAN DISVESTASI BAGI PERUSAHAAN ASING DALAM PENGELOLAAN PERTAMBANGAN DI INDONESIA

Abstract

The mining divestment policy has 3 main key components. First, how much is the
divestment amount. Second, who can buy divested shares. Third, how much is the sale
price of the divested shares. The first element, the divestment requires that every
foreign-owned mining company divest a portion of the increased shares to the
government, BUMN or national private sector. (Government Regulation Number 1
of 2017, concerning Amendments to Government Regulation Number 23 of 2010,
concerning the Implementation of Mineral and Coal Mining Business Activities).
The second element, regarding the divestment rules, determines who can buy
(Permen ESDM No. 9 of 2017, concerning Procedures for Stock Divestment and
Mechanism for Determining the Price of Divestment Shares in Minerba Mining
Business Activities).While the third element is the rule that determines the stock price
when it is sold, the share price offered to the Government is determined through
negotiation. (Government Regulation No. 23 of 2010, concerning the
Implementation of Mineral and Coal Mining Business Activities).Industrial
developments in the country are still difficult to do, including mining. According to
Archandra Tahar, Deputy Minister of Energy and Mineral Resources (ESDM) there
are at least three factors inhibiting the development of the mining sector in Indonesia.
These three factors are the problem of banking, technology and political interest
rates.