Melbourne Law School - Theses

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Subject: Indonesia × Author: Chairil, Ryad Areshman ×

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    The Indonesian mineral regime: a model for the future: "Learning from other countries in implementing regulatory change"
    Chairil, Ryad Areshman ( 2003)
    Political turmoil and rising social and economic demands have put the Indonesian mining industry in a difficult situation. At the time when industry is experiencing record low prices, critics argue that the Indonesian mineral regime has failed to achieve a proper socioeconomic balance between government, developers and local communities. The government had always claimed, however, that the regime has long been one of the most successful instruments available for attracting and sustaining foreign investment in the mineral sector. Data from the Department of Mines and Energy suggests that the mineral industry has been a key ingredient in the development of the national economy. The mineral regime, nonetheless, faces great critical pressure from the public and the government is moving to respond to these pressures, especially as regards to creating a better form of decentralised mineral agreement that deals more effectively with traditional right-holders who claim mineral exploitation right. Do these demands mean that risks for mineral investments have increased, that resources developers will be subject to demands that cannot be met, or that mining will become an uncertain and unpredictable industry? Can the government create an improved contract system in order to enable the industry to emerge as a stronger more viable and more secure sector, which is at the same time, beneficial for the government and local communities? This thesis focuses on reviewing the socio-economic function and performance of Indonesian CoW system and traditional rights to mineral-rich lands. The thesis also adopts a comparative approach examining similar contracts and equivalent regimes from seven countries. Finally, the thesis makes detailed recommendation for reform of the Indonesian mineral regime drawing on the comparative study.