Coinciding with recent enactment of the Freedom of Public Information Law (Law No. 14 of 2008), last week the President (23/4) issued Presidential Regulation (No. 26 of 2010) to disclose the State Revenues obtained from the mineral, coal, oil, and gas mining industries. Also designed to implement Good Corporate Governance (i.e., principle of transparency), the Regulation essentially mandates the establishment of a team chiefly responsible for keeping the public informed and up-to-date with the state’s income from one of those particular industries.
Being directly responsible to the President, the ‘Extractive Industry Transparency Team’ (“the Team”) is empowered by the Regulation to request information, additional data, inputs, and / or hold consultations with and between the central government, regional government, extractive firms, and other parties as required by the situation.
According to Article 4 of the Regulation, the Team’s composition includes the ‘Steering Team’ and the ‘Implementing Team.’ The Steering Team consists of the Coordinating Minister for Economy as the Chairperson, Ministers of Energy and Mineral Resources, Finance, Home Affairs, Head of the Financial and Development Supervisory Board, and Professor Dr. Emil Salim. The Implementing Team includes The Deputy on Energy, Mineral Resources, and Forestry of the Coordinating Minister for Economy, high-ranking governmental officials, the Director of PT. Pertamina, representatives from regional governments, NGOs, and extractive firm associations.
Both Teams’ tasks assigned by the Regulation are listed in Articles 5 and 8 respectively.
When disclosing information relating to the State Revenue derived from the extractive industry, the Team - via the Implementing Team - will receive financial reports from the central and regional governments, the Upstream Oil and Gas Supervisory Agency, and extractive firms. Those reports have to have been reviewed by the Financial and Development Supervisory Board, or in the case of extractive firms, the report has to be audited by an independent auditor.
Reports handed over by the parties have to use the format set out by the Implementing Team. The format, however, is nowhere to be found in the Regulation; presumably, such a format is still inexistent.
According to Article 14 (3), the reports will subsequently be, as the Regulation terms it, ‘reconciled’ by a ‘reconciliator.’ This provision is somewhat dubious, as there is no further explanation of what is entailed in a ‘reconciliation’ process, and who or what a ‘reconciliator’ is, and what they will do. The Regulation merely states in Article 8 (b) that a reconciliatory will be determined by the Implementing Team.
At any rate, once that vaguely-articulated reconciliation process is concluded, it is mandated by Article 16 that the Team publicize all information to the public. The means used for publication are varied, including online access to information, and through the media.
The Regulation has been in force since 23 April 2010.
Coinciding with recent enactment of the Freedom of Public Information Law (Law No. 14 of 2008), last week the President (23/4) issued Presidential Regulation (No. 26 of 2010) to disclose the State Revenues obtained from the mineral, coal, oil, and gas mining industries. Also designed to implement Good Corporate Governance (i.e., principle of transparency), the Regulation essentially mandates the establishment of a team chiefly responsible for keeping the public informed and up-to-date with the state’s income from one of those particular industries.
Being directly responsible to the President, the ‘Extractive Industry Transparency Team’ (“the Team”) is empowered by the Regulation to request information, additional data, inputs, and / or hold consultations with and between the central government, regional government, extractive firms, and other parties as required by the situation.
According to Article 4 of the Regulation, the Team’s composition includes the ‘Steering Team’ and the ‘Implementing Team.’ The Steering Team consists of the Coordinating Minister for Economy as the Chairperson, Ministers of Energy and Mineral Resources, Finance, Home Affairs, Head of the Financial and Development Supervisory Board, and Professor Dr. Emil Salim. The Implementing Team includes The Deputy on Energy, Mineral Resources, and Forestry of the Coordinating Minister for Economy, high-ranking governmental officials, the Director of PT. Pertamina, representatives from regional governments, NGOs, and extractive firm associations.
Both Teams’ tasks assigned by the Regulation are listed in Articles 5 and 8 respectively.
When disclosing information relating to the State Revenue derived from the extractive industry, the Team - via the Implementing Team - will receive financial reports from the central and regional governments, the Upstream Oil and Gas Supervisory Agency, and extractive firms. Those reports have to have been reviewed by the Financial and Development Supervisory Board, or in the case of extractive firms, the report has to be audited by an independent auditor.
Reports handed over by the parties have to use the format set out by the Implementing Team. The format, however, is nowhere to be found in the Regulation; presumably, such a format is still inexistent.
According to Article 14 (3), the reports will subsequently be, as the Regulation terms it, ‘reconciled’ by a ‘reconciliator.’ This provision is somewhat dubious, as there is no further explanation of what is entailed in a ‘reconciliation’ process, and who or what a ‘reconciliator’ is, and what they will do. The Regulation merely states in Article 8 (b) that a reconciliatory will be determined by the Implementing Team.
At any rate, once that vaguely-articulated reconciliation process is concluded, it is mandated by Article 16 that the Team publicize all information to the public. The means used for publication are varied, including online access to information, and through the media.
The Regulation has been in force since 23 April 2010.
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