TINJAUAN YURIDIS KEWAJIBAN DISVESTASI BAGI PERUSAHAAN ASING DALAM PENGELOLAAN PERTAMBANGAN DI INDONESIA

K The mining divestment policy has 3 main key components. First, how much is the divestment amount. Second, who can buy divested shares. Third, how much is the sale price of the divested shares. The first element, the divestment requires that every foreign-owned mining company divest a portion of the increased shares to the government, BUMN or national private sector. (Government Regulation Number 1 of 2017, concerning Amendments to Government Regulation Number 23 of 2010, concerning the Implementation of Mineral and Coal Mining Business Activities). The second element, regarding the divestment rules, determines who can buy (Permen ESDM No. 9 of 2017, concerning Procedures for Stock Divestment and Mechanism for Determining the Price of Divestment Shares in Minerba Mining Business Activities).While the third element is the rule that determines the stock price when it is sold, the share price offered to the Government is determined through negotiation. (Government Regulation No. 23 of 2010, concerning the Implementation of Mineral and Coal Mining Business Activities).Industrial developments in the country are still difficult to do, including mining. According to Archandra Tahar, Deputy Minister of Energy and Mineral Resources (ESDM) there are at least three factors inhibiting the development of the mining sector in Indonesia. These three factors are the problem of banking, technology and political interest rates.