Three Mining Law Provisions Stricken by MK

Following the Constitutional Court (“MK”) Decision over case No. 25/PUU-VIII/2010 (“25/2010 Decision”), which reviewed Law No. 4 of 2009 on Mineral and Coal Mining (See ILB No.1937), MK renders another decision, ruling case No. 30/PUU-VIII/2010 (“Decision 30/2010”). This decision also reviews Mining Law.

The 30/2010 Decision was issued following a judicial review application submitted by the Indonesian Lead Businesses Association (Asosiasi Pengusaha Timah Indonesia – APTI) and the Indonesian People Mining Association (Asosiasi Pertambangan Rakyat Indonesia – ASTRADA), which challenged 17 provisions of the Mining Law (Articles 6 (1) point e, 9 (2), 10 (b), 22 (a), 22 (c), 22 (f), 38, 51, 52 (1), 55 (1), 58 (1), 60, 61 (1), 75 (4), 162, 172, and Article 173 (2).