Entrepreneurs in Indonesia urge the central government to provide clarity about the ban on exports of unprocessed minerals that is set to be implemented on 12 January 2017, provided the government will not alter its policy. Initially, the full ban would be introduced on 12 January 2014 in an effort to boost the downstream mining industries (hence becoming an exporter of mining products that are positioned higher in the value chain rather than remaining dependent on raw materials that are very vulnerable to volatile price movements).

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In an effort to improve legal certainty and the business climate in Indonesia’s mining industry, the government announced it will revise a regulation that currently limits the time to start negotiating about an extension of a mining permit to two years before the concession contract’s expiration date. Sudirman Said, Indonesian Energy and Mineral Resources Minister, said the government plans to allow extension talks to start up to ten years before contracts end.

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Official data show that in 2014 China, the world’s largest consumer of industrial metals, imported the lowest amount of nickel ore since 2010. Apart from slowing economic growth in the world’s second-largest economy (China’s economic expansion having eased to 7.4 percent year-on-year in 2014), falling nickel ore imports are also caused by Indonesia’s ban on exports of unprocessed minerals (implemented in January 2014) and monsoon rains in the Philippines (limiting production and seaborne trade).

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Indonesia’s House of Representatives (DPR) has passed a new plantations bill that aims to maximize land usage and opens up Indonesia’s plantation sector to smallholders. However, the retroactive clause that would limit foreign ownership to a maximum of 30 percent (from 95 percent currently) was dropped from the final version. This clause was highly controversial and would have been a major obstacle for foreign companies engaged in Indonesia’s plantation sector (such as Golden Agri-Resources and Wilmar International).

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Mining in Indonesia includes a part or all stages of coal and mineral exploration and exploitation. Minerals are defined by law number 4 of 2009 on Mineral and Coal Mining (“Mining Law”) as inorganic compounds which possess specific characteristics and compositions in the form of ores. Coal is defined as sediment of organic carbon which is naturally formed from plants. Mining in Indonesia does not include any activities related to exploration and exploitation of geothermal, oil and gas and ground water.

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Foreign ownership of plantations in Indonesia may be limited to a maximum of 30 percent if a new draft bill designed by Indonesian parliament is approved. This draft bill aims to encourage local participation within Indonesia’s plantation sector at the expense of foreign ownership. Currently, foreign ownership of plantations in Indonesia is set at a maximum of 95 percent. The draft bill also aims to simplify complex rules regarding land use, protect indigenous people, and will make it easier to prosecute companies responsible for forest fires.  

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