Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Saturday, February 13, 2010

Licensing Regulations Overlapping disadvantaged Business Executors



As a result of the overlapping licenses from the department of Mines and Forestry, one miner was forced to stop production activities. Closing one of the coal mines must affect the company's earnings which of course is very detrimental. This incident shows the number of licensing regulations in Indonesia are still run independently of each ministry.

PT Indo Tambangraya Megah Tbk (ITMG) was forced to close one coal mine in South Kalimantan. Mining area is fully owned by PT Jorong Barutama Greston, ITMG subsidiary, has been closed since last week.

"Closure is mainly due to the over-lapping rules, from different ministries," said Corporate Communications Manager Melina ITMG Karamoy, Friday (12/2/2010). Two rules are the rules of crossing from the Ministry of Forestry and the Ministry of Energy and Mineral Resources (ESDM).

Story, has received permission ITMG mining in the mine area from the Ministry of Energy and Mineral Resources Jorong. But alas, permission from the Ministry of Forestry has not been out. "We're still waiting for permits expansion and extension of the Ministry of Forestry," explained she.

Jorong Barutama ITMG and resignation waiting final decision from the Government. They hope this problem can be completed as soon as possible.

She said, mine closure Jorong Barutama only slightly affect the total production ITMG. "The results of Jorong mine around 1.97 million tonnes or 8.6 percent of the total production of 2010 target of 23 million tons," said Melina.

However, public exposure based on materials ITMG early January 2010 and, until September 2009 Jorong produce 2.4 million tons of coal. Until the end of 2009, Jorong expected to produce up to 3 million tons of coal. Ellipse has a total concession of land about 11,000 hectares.

Jorong addition, a mine Indomico ITMG Mandiri Bontang, East Kalimantan. The mine is estimated to produce 11.8 million tons in 2009. In addition, there are also Trubaindo Coal Mining mines in East Kalimantan with an estimated production of 5 million tons over the past year.

Besides the two mines that, ITMG Kitadin still have mine in the new operating Embalut back in mid-2009 then. During the year 2009, the mine production contribution of 0.7 million tons. Embalut mine in East Kalimantan is estimated to have average production up to 2 million tons per year.

Examples of the above cases, we see the 2 licenses from the Ministry of Energy and Mineral Resources and Ministry of Forestry. Why does not the coordination of any related permits?, Location of mines many forest areas, so that the necessary permits from the Ministry of Forestry in the use of the Forest (area, time period applies). Government needs to re-examine and analyze the licensing of any existing regulations and make improvements, so that does not happen again. Legal certainty is affecting the investment climate.

Friday, February 12, 2010

Ministry of Finance of the Republic of Indonesia has fired 197 employees



Reform the bureaucracy seems to actually running the Ministry of Finance. The reason, in the past four years, 197 people fired Finance Ministry officials. Data from the Inspectorate General of Ministry of Finance said, fired 52 people in 2006. Later in the year 2007, 41 people were fired.

The number of people who get fired and then increased to 66 employees in the year 2008. Last year alone, Finance Ministry officials who fired 38 people. Inspector General of the Ministry of Finance Hekinus Manao said, in total since 2006 to 2009 there are 2165 people subject to sanctions.

She breaks down, people get a warning 1145. Then who got punished by PP 30 of 1980 was 990 people. 329 people got a light sentence. Then 221 people can be punished is, and 440 people can be punished severely. "The layoffs affected 30 people there," said Hekinus, Thursday (11/2/2010).

Hekinus detailing, in the year 2008 the number of employees who are subjected to the action to reach 880 people. The amount is higher than 2007 which only 267 Oran. Meanwhile, in 2006 alone there were only 348 people) are subject to sanctions and in 2009 became a decline in 670 people.

It takes courage in shaping the mentality and discipline of the state apparatus, improving the welfare of the employees who have done has not given a positive correlation. Expertise, Service, Honesty and discipline and did not do corruption is still very far from perfect.

Thursday, February 11, 2010

Draft Law on Religious Courts Law Division Material Marriage

Men and women should begin to think again if you want to perform marriages that are not performed in the presence of registrar of marriage or marriage and marriage siri mutah or contract. Because the perpetrators of both types of marriage can be sentenced to prison.

This was revealed in a draft Bill of Material Religious Courts Law Marriage fields listed in the National Legislation Program (Prolegnas) in 2010.

The bill contains criminal provisions (Articles 143-153), particularly related to marriage siri, mutah marriage, marriage second, third, and fourth, and without the divorce before the courts, committed adultery and denied responsibility, and marry or become a guardian of marriage , when in fact no right. The threat of punishment for criminal acts that varied from 6 months to 3 years and fines ranging from USD 6 million to Rp 12 million.

The bill also set about a mixed marriage (between two people of different nationalities). Article 142 Paragraph 3 says, prospective foreign husband must pay a security deposit to the candidate's wife through Islamic banks amounted to Rp 500 million.

In regard to the input material for the bill, Center for Development of Islamic Law and Civil Society (PPHI2M) will hold a national seminar next week. Seminar committee chairman, Abdul Gani Abdullah, professor of University Islamic State, Thursday (11/2/2010) in Jakarta, explained, the bill would be a complement to Law No. 1 Year 1974 on Marriage. Act it became a separate law to meet the further regulation of marriage in Islamic law.

Article crucial

Abdul Gani admit, there are several crucial articles in the bill, especially related to the criminal provisions. The reason is, there is the view that marriage is worship. "Worship kok punished," he said.

According to him, during this marriage under the hand often entangled with the provisions of adultery in the Book of the Law of Criminal Law (Penal Code). There are provisions in the Penal Code which states, a man or woman who have sex outside marriage is adultery illegal.

"Is that siri marriage adultery? Could not because of lawful religion. The problem is why the marriage was not recorded into the official marriage registrar. That one who? There is the view that society should be active, but others argue the government should be active. This Act will synchronize the existing realities and legal aspects, "said Abdul Gani.

He explained, the Bill needs to regulate the marriage contract was considering such a marriage is not recognized in Islamic law. Act No. 1 of 1974, he said, clearly not regulate these things. Marriage Law did not even know the rules of criminal. At that time there was the idea to load the marriage penalty provisions in the implementing regulations.

"Before the legislation was signed, the President asked for input from the clergy. When the scholars said, marriage is a religious service, but why be punished, "she said. Criminal penalties were eventually replaced by a fine of Rp 7500.

Hasbi Hassan, a religious judge who was assigned to the Supreme Court, explained, the provisions of the Marriage Law of the fine that was not relevant anymore.

Antasari Azhar in the 18-year prison sentence



Former Chairman of the Commission, Antasari Azhar, was sentenced to 18 years in prison by District Court judges (PN) South Jakarta, Thursday.

Murder defendant Director of PT Rajawali Son Nasrudin Banjaran Zulkarnaen, was found guilty by a judge is lighter than the demands of the public prosecutor (prosecutor) to the death penalty.

Panel of Judges in the trial before making the decision to the defendant Antasari Azhar, read the facts existing law in the trial, Justice of the Team alternately read.

The judges recorded a verdict of Judge Amar Decision No / PP/2009/PN Jaksel because seeing all the points prosecutor charges have been fulfilled. "With the fulfillment of all the elements of these chapters there is sufficient evidence of lawful and convince the tribunal that the defendant was guilty of the indictment charges him. Therefore, the defendant must be found guilty and sentenced to criminal," as long: 18 Years Jail.

Various elements read by the Panel of Judges in this court. Delivering things and lighten the burden the defendant.

Define the defendant remains in custody and the period of Prisoners who have served to reduce the sentence.