THE REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER 78 YEAR 2012 CONCERNING

Similar documents
IMPLEMENTATION OF MANAGEMENT OF NATURAL OIL AND GAS UPSTREAM BUSINESS ACTIVITIES BY THE GRACE OF THE ALMIGHTY GOD

PRESIDENTIAL REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 8 OF 2008 CONCERNING NATIONAL AGENCY DISASTER MANAGEMENT

Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER : 37/M-DAG/PER/9/2008 CONCERNING

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 23 OF 2008 CONCERNING PARTICIPATION OF INTERNATIONAL INSTITUTIONS AND FOREIGN NON-

BY THE GRACE OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA,

PRESIDENT OF THE REPUBLIC OF INDONESIA LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2015 REGARDING

REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER18 OF 2014 ON PROTECTION AND EMPOWERMENT OF WOMEN AND CHILDREN IN SOCIAL CONFLICTS

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

[SYMBOL] PRESIDENT OF THE REPUBLIC OF INDONESIA LAW OF THE REPUBLIC OF INDONESIA NUMBER 24 YEAR 2013 AMENDMENT TO LAW NUMBER 23 YEAR 2006

MINISTRY OF INDUSTRY OF THE REPUBLIC OF INDONESIA REGULATION NUMBER:

GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 41 OF 2006 PERMIT TO CONDUCT RESEARCH AND DEVELOPMENT ACTIVITIES FOR

ACT OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2009 CONCERNING

LAW NO. 30/2000 CONCERNING ON TRADE SECRET BY THE GRACE OF ALMIGHTY GOD, THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Ministry of Trade of the Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 13/M-DAG/PER/3/2010

THE MINISTER OF TRADE REPUBLIC OF INDONESIA REGULATION OF THE MINISTER OF TRADE REPUBLIC OF INDONESIA NUMBER 17/M-DAG/PER/3/2014 CONCERNING

ANNEX I.39 LAW OF THE REPUBLIC OF INDONESIA NUMBER 8 YEAR 1985 CONCERNING SOCIAL ORGANIZATIONS

REGULATION OF MINISTER OF AGRICULTURE OF THE REPUBLIC OF INDONESIA. NO. 03/Permentan/OT.140/1/2012 CONCERNING

Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia. (ICSID Case No. ARB/12/14 and 12/40)

THE SETTLEMENT OF TRANSMIGRANT LAND TITLE

Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 54/M-DAG/PER/10/2009

LAW OF THE REPUBLIC OF INDONESIA NUMBER 24 OF 2007 CONCERNING DISASTER MANAGEMENT

Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER : 44 M/DAG/PER/9/2009

LAW OF THE REPUBLIC OF INDONESIA NUMBER 24 OF 2007 CONCERNING DISASTER MANAGEMENT

LAW OF THE REPUBLIC OF INDONESIA NO. 9 YEAR OF 2008 ON THE USE OF CHEMICAL MATERIALS AND THE PROHIBITION OF CHEMICAL MATERIALS AS CHEMICAL WEAPONS

BY THE GRACE OF THE ONE ALMIGHTY GOD MINISTRY OF MANPOWER

GUIDANCE FOR AGRICULTURE RESEARCH AND DEVELOPMENT COOPERATION

GOVERNOR OF WEST JAVA

ACT OF THE REPUBLIC OF INDONESIA NUMBER 14 OF 2008 ON PUBLIC INFORMATION OPENNESS BY THE MERCY OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA,

BANK INDONESIA REGULATION NUMBER: 10/32/PBI/2008 CONCERNING SHARIA BANKING COMMITTEE WITH THE BLESSINGS OF GOD ALMIGHTY GOVERNOR OF BANK INDONESIA,

IYS, BLO Offices, Jl. Umalas No. 1A, Kerobokan, Kuta, Bali 80361, Indonesia

INDONESIAN GOVERNMENT REGULATION

THE MINISTER OF AGRICULTURE REPUBLIC OF INDONESIA REGULATION OF THE MINISTER OF AGRICULTURE. NUMBER 110/Permentan/OT.410/9/2014 CONCERNING

2. Law no. 5 of 1984 regarding Industry (State Gazette of 1964 no. 22, Supplementary State Gazette no. 3274);

MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA DECREE NO: CONCERNING

FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 33/POJK.04/2014

DECREE OF THE MINISTER OF COMMUNICATION AND INFORMATION TECHNOLOGY OF THE REPUBLIC OF INDONESIA NUMBER : 27/PER/M.KOMINFO/12/2010

REGULATION OF MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA NO. M.O1.HL YEAR 2006

PROVISIONS ON CORN IMPORTS

REGULATION OF THE MINISTER OF MANPOWER AND TRANSMIGRATION OF THE REPUBLIC OF INDONESIA NUMBER: PER.16/MEN/XI/2011 CONCERNING

Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 24/M-DAG/PER/6/2008 CONCERNING

AUTHORIZED TRANSLATION

THE MINISTER OF AGRICULTURE REPUBLIC OF INDONESIA REGULATION OF THE MINISTER OF AGRICULTURE. NUMBER 65/Permentan/PD.410/5/2013 CONCERNING

In that regard, it is hoped that you use it as guidance and implement all the provisions contained in the Governor of West Java Decree (Attached).

CHAPTER III APPLICATION FOR REGISTRATION OF INDUSTRIAL DESIGN

DECREE ON COLLECTIVE LABOUR AGREEMENTS

FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 32/POJK.04/2014

Ministry of Trade Republic of Indonesia REGULATION OF MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 33/M-DAG/PER/8/2008 CONCERNING

CHAPTER 1 GENERAL PROVISIONS. Article 1.1 Objectives. The objectives of this Framework Agreement are to:

Minister of Industry of Republic of Indonesia

RECOGNISING the importance of capacity building through human resource development to face challenges of globalisation; and

LAW NUMBER 5 YEAR 1999

Regulation of the Office of the Prime Minister on the Undertaking of Public Mega-Project for Country Development, B.E (2006) Translation

BY THE GRACE OF GOD ALMIGHTY GOVERNOR OF BANK INDONESIA

GUIDELINE ON THE CONDUCT OF INDONESIAN NATIONAL POLICE IN HANDLING LAW AND ORDER IN INDUSTRIAL DISPUTES

ANNEX I.30 LAW OF THE REPUBLIC OF INDONESIA NUMBER 8 YEAR 1997 CONCERNING CORPORATE DOCUMENTS

THE PUBL1C-PRIVATE PARTNERSHIP ACT

REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER 125 YEAR 2016 CONCERNING THE HANDLING OF FOREIGN REFUGEES

-1- BY THE BLESSINGS OF ALMIGHTY GOD THE CHAIRMAN OF THE ELECTION SUPERVISORY BOARD OF THE REPUBLIC OF INDONESIA,

PARTNERSHIP FOR PEACE CONTENTS: 1. Agreement p Additional Protocol (USA not a party) p. 8

ANNEX A Churchill Mining PLC and Planet Mining Pty Ltd v. Republic of Indonesia (ICSID Case No. ARB/12/14 and 12/40)

STANDING ORDERS GOVERNING SOCIETIES

LAW ON THE CONCLUSION, ACCESSION AND IMPLEMENTATION OF INTERNATIONAL TREATIES

REGULATION OF THE MINISTER OF AGRICULTURE NUMBER: 12/Permentan/OT.140/2/2009 CONCERNING

A Bill for. (2) The NEITI shall be an autonomous selfaccounting body, which shall report to the President.

Ministry of Trade of the Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 14/M-DAG/PER/5/2008

REGULATION OF MINISTER OF AGRICULTURE. NO. 88/Permentan/PP.340/12/2011 CONCERNING FOOD SAFETY CONTROL OVER IMPORT AND EXPORT OF FRESH FOOD OF

LAO PEOPLE S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

2. Rules of Procedure (supplementing the Terms of Reference)

General provisions Article 1

REGULATION OF MINISTER OF AGRICULTURE No. 52/PERMENTAN/OT.140/10/2006 CONCERNING ADDITION REQUIREMENTS OF PLANT QUARANTINE MINISTER OF AGRICULTURE,

DRAFT NATIONAL LAW OF THE REPUBLIC OF INDONESIA NUMBER 40, YEAR OF 1999 PRESS BY THE GRACE OF GOD THE PRESIDENT OF REPUBLIC OF INDONESIA

PHILIPPINE MEDICAL ASSOCIATION CONSTITUTION PREAMBLE

POWER SOURCE FRAMEWORK AGREEMENT BETWEEN GOVERNMENT OF MONGOLIA AND OYU TOLGOI LLC

Audit Committee Regulations

PRESIDENT REPUBLIC OF INDONESIA THE GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 14 OF 2002 CONCERNING PLANT QUARANTINE

No. 12 of 2016 THE MINING (MINE SUPPORT SERVICES) REGULATIONS, 2017 ARRANGEMENT OF REGULATIONS

TREATY SERIES 2007 Nº 7. Additional Protocol to the Convention on the Transfer of Sentenced Persons excluding Article 3

FINANCIAL SERVICES AND MARKETS REGULATIONS 2015

Constitution of the Marist College Student Government Association

Law No. 26 Year Establishing the Ad Hoc Human Rights Court

Law Number 11/1967 on the Basic Provisions of Mining

WORTH COUNTY LIBRARY SYSTEM - CONSTITUTION AND BYLAWS Approved April 28, 2008 Amended April 23, 2009 Amended January 27, 2011

REGULATION OF MINISTER OF AGRICULTURE. NUMBER 88/Permentan/PP.340/12/2011 CONCERNING FOOD SAFETY CONTROL FOR IMPORT AND EXPORT OF THE FRESH FOOD

Bylaws of the Henrico County Republican Committee

EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY OTHER THAN SCHEMES FOR OLD AGE, INVALIDITY AND SURVIVORS AND PROTOCOL THERETO

Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 12/M-DAG/PER/4/2008 CONCERNING

INDONESIA Trademark Regulations as amended by No. 23 on March 31, 1993 ENTRY INTO FORCE: April 1, 1993

DEED OF RETIREMENT OF TRUSTEE

Minister of Industry of the Republic of Indonesia MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA REGULATION NUMBER: 01/M-IND/PER/1/2009

BERMUDA COMMISSIONS OF INQUIRY ACT : 25

Scheme of Delegation to Committees, Groups and Officers

Final Version Of Draft New Electricity Law

Subject-matter CHAPTER ONE

DECREE FOR PROMULGATION OF THE LAW ON PREVENTION OF CONFLICT OF INTERESTS

DODDINGTON PARISH COUNCIL FINANCIAL REGULATIONS

CONSTITUTION AND BYLAWS For the CLAYTON COUNTY LIBRARY BOARD OF TRUSTEES. (Adopted 11 May, 1981) (Amended 14 July, 2009)

Government Regulation SIA Number 32/1969 on the Implementation of Law Number 11/1967 on the Basic Provisions of Mining

Decree No. 87/M-IND/PER/9/2009 Concerning Globally Harmonized System of Classification and Labelling of Chemicals

One. General provisions

By-laws of Gramex ry. Article 1: Name and domicile

Transcription:

THE REGULATION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER 78 YEAR 2012 CONCERNING THE APPOINTMENT OF THE MINISTER OF LAW AND HUMAN RIGHTS, THE MINISTER OF INTERNAL AFFAIRS, THE ATTORNEY GENERAL AND THE CHAIRMAN OF THE CAPITAL INVESTMENT COORDINATING BOARD TO HANDLE THE ARBITRATION CLAIM AT THE INERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES RELATED TO THE REQUEST FOR ARBITRATION OF CHURCHILL MINING AGAINST THE GOVERNMENT OF THE REPUBLIC OF INDONESIA BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that in order to handle the arbitration claim at the International Centre for Settlement of Investment Disputes related to the request for arbitration of Chirchill Mining against the Government of the Republic of Indonesia, it is necessary to take strategic measures to authorise the Minister of Law and Human Rights, the Minister of Internal Affairs, the Attorney General and the Chairman of the Capital Investment Coordinating Board; b. that in order to win the arbitration claim and to avoid the State s losses as a result of the claim as referred to in paragraph a it is necessary to take certain accurate and fast measures with due regard to the prudential, transparency, efficiency, effectiveness and accountability; c. that the Government of the Republic of Indonesia has signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States and ratified it by the Law Number 5 of 1968 concerning the Settlement of Investment Disputes between States and Nationals of other States;

- 2 - c. that Article 25 paragraph (1) and paragraph (3) of the Convention gives the right to the signatory State to designate a constituent subdivision of a State to the International Centre for Settlement of Investment Disputes to represent in the dispute settlement process administered by the International Centre for Settlement of Investment Disputes and to notify that such approval as referred to in Article 25 paragraph (3) of the Convention shall not be required; e. that based on the consideration as referred to in paragraph a, paragraph b, paragraph c, and paragraph d, it is deemed necessary to stipulate the Regulation of the President concerning the Appointment of the Minister of Law and Human Rights, the Minister of Internal Affairs, the Attorney General and the Chairman of the Capital Investment Coordinating Board as the Attorneys-at-Law to handle the Arbitration Claim at the International Centre for Settlement of Investment Disputes related to the Request for Arbitration of Churchill Mining against the Government of the Republic of Indonesia; In View of : 1. Article 4 paragraph (1) of the Constitution of the Republic Indonesia 1945; 2. Law Noumber 5 of 1968 concerning the Settlement of Investment Disputes between States and Nationals of other States (State Gazette of the Republic of Indonesia Year 1968 Number 32, Supplement to the State Gazette of the Republic of Indonesia Number 2852); 3. Law Number 32 Year 2004 about Regional Government (State Gazette of the Republic of Indonesia Year 2004 Number 125, Supplement to the State Gazette of the Republic of Indonesia Number 4437) as amended by Law Number 12 Year 2008 (State Gazette of the Republic Indonesia Year 2008 Number 59, Supplement to the State Gazette of the Republic of Indonesia Number 4844);

- 3-4. Law Number 4 of 2009 concerning the Mineral and Coal Mining (State Gazette of the Republic of Indonesia Year 2009 Number 4, Supplement to the State Gazette of the Republic of Indonesia Number 4959); 5. The Regulation of the President Number 54 of 2010 concerning the Procurement of Goods/Services of the Government as amended several times at the latest amended by the Regulation of the President Number 70 of 2012 (State Gazette of the Republic of Indonesia Number 155, Supplement to the State Gazette of the Republic of Indonesia Number 5334); IT HEREBY DECIDED: To stipulate : THE REGULATION OF THE PRESIDENT CONCERNING THE APPOINTMENT OF THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, THE MINISTER OF INTERNAL AFFAIRS, THE ATTORNEY GENERAL AND THE CHAIRMAN OF THE CAPITAL INVESTMENT COORDINATING BOARD AS THE ATTORNEYS-AT-LAW OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA TO HAND THE ARBITRATION CLAIM AT THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES RELATED TO THE REQUEST FOR ARBITRATION OF CHURCHILL MINING AGAINST THE GOVERNMENT OF THE REPUBLIC OF INDONESIA. Article 1 (1) To appoint the Minister of Law and Human Rights, the Minister of Internal Affairs, the Attorney General and the Chairman of the Capital Investment Coordinating Board as the Attorneys-at-Law Team to take necessary strategic measures to handle the Arbitration claim at the International Centre for Settlement of Investment Disputes related to the Request for Arbitration of Churchill Mining against the Government of the Republic of Indonesia;

- 4 - (2) To determine that the Minister of Law and Human Rights shall act as the coordinator of the Attorneys-at-Law Team; Article 2 (1) In order to carry out the duties as referred to in Article 1, the Attorneys-at- Law Team shall be authorised to do the followings: (a) (b) (c) (d) (e) to designate the Government of the Regency of East Kutai as a party in the arbitration process at ICSID; to notify that the disputes as a result of the administrative decision of the local government shall not become the authority or the jurisdiction of ICSID; to directly appoint the Arbitrator to represent the Government of the Republic of Indonesia in the arbitration forum of ICSID; to directly appoint the legal consultant to hand the claim whose shall have the position as Assistant of the Team; and to form Supporting Team. (2) The authorities as referred to in paragraph (1) shall be performed with due regard of the prudential, transparency, efficiency, effectiveness and accountability principles; Article 3 In performing its duties, the Attorneys-at-Law Team shall coordinate with the Coordinator Minister of Politic, Law and Security, the Minister of Foreign Affairs, the Minister of Finance and the Regent of East Kutai. Article 4 The Vice President may give guidance and supervision to the Attorneys-at-Law Team.

- 5 - Article 5 The Attorneys-at-Law Team shall report the implementation of its duties and authories to the President and Vice President. Article 6 All costs required for the performance of duties and authorites as referred to in the Regulation of the President shall be borne by the State Budget. Article 7 This Presidential Regulation shall come into force on the date of its enactment. In order for this regulation to be come public, to order the publication of the this Presidential Regulation in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on 22 September 2012 PRESIDENT OF THE REPUBLIC OF INDONESIA, (Signed) DR. H. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta On 25 September 2012 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA (signed) AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2012 NUMBER 179

- 6 - This copy conforms with the original REPUBLIC OF INDONESIA SECRETARIATE OF CABINET Deputy for Political, Legal, and Security, (signed) Bistok Simbolon