APNI: Changes In Share Ownership Of IUP Companies Must Be Registered At The Ministry Of Energy And Mineral Resources

Illustration. (Photo: Doc. Antara)

The Indonesian Nickel Mining Association (APNI) stated that changes in share ownership of the production mining business license holder (IUP) must be registered with the Ministry of Energy and Mineral Resources (ESDM) of the Republic of Indonesia in accordance with the provisions of the legislation in force in the Unitary State of the Republic of Indonesia (NKRI).

APNI Secretary General Meidy Katrin Lengkey said the provisions regarding the necessity to register changes to the shareholder of the production IUP holder were motivated by the provision that the production IUP (and other types of IUP) could not be traded and could not just be transferred without the government's knowledge/agreement, in this case, the Ministry of Energy and Mineral Resources.

Meidy's statement was made in response to a number of cases of taking over shares of IUP holders that recently occurred in mining areas. Moreover, there were cases of taking over the shares that occurred illegally and unlawfully and were not based on fair share purchase/acquisition agreements based on the usual procedures in the Republic of Indonesia.

One example of the case of illegal and unlawful takeover of shares occurred in PT Citra Lampia Mandiri (CLM) and PT Asia Pacific Mineral Resources (APMR) by PT Aserra Mineralindo Investama on September 13, 2022.

The illegal takeover of shares had received recognition / ratification from the Directorate General of General Legal Administration (AHU) of the Ministry of Law and Human Rights (kemenkum and HAM) on September 14, but was later canceled (revocational) on October 31, 2022.

However, in the field there have been other developments where on November 7, 2022, there has been a forced takeover and violation of various assets and properties of PT CLM in its nickel mining concession area in Malili District, East Luwu Regency, South Sulawesi Province by a group of people claiming to be the management of PT CLM, which was just led by Zainal Abidinsyah Siregar.

The gang of robbers claimed that the takeover had a legal basis in the form of the takeover of shares of PT CLM which had received the blessing of the government through the Directorate General of AHU of the Ministry of Law and Human Rights, even though the claim was refuted by the withdrawal of the confession / ratification letter by the Director General of AHU of the Ministry of Law and Human Rights.

And then it turned out that again it was proven that the takeover of shares of PT CLM and PT APMR was legally flawed because it was not registered with the Ministry of Energy and Mineral Resources.

To resolve the chaos, Helmut Hermawan, the legitimate President Director of PT CLM, said that legal resistance efforts for all legal problems that occurred continued. These legal remedies are still ongoing and are expected to run smoothly so that all legal problems can be resolved in a short time.

Helmut emphasized that previously there had been acts of vandalism, grabbing and alleged mistreatment of CLM employees by the company's law enforcement party at the company's office in Malili. The illegal action was carried out on August 24, 2022 and September 13, 2022.

"Regarding this, we have made legal efforts civilly and criminally. The process is currently rolling," he said in a written statement, Sunday, December 18. The chaos at PT CLM emerged after PT. Aserra Mineralindo Investama (PT AMI) dh. PT. Aserra Sejahtera Investama (ASI)/PT. Aserra Capital (Aserra Group) wanted to buy shares of PT APMR which is the majority owner of PT CLM. In the process, the sale and purchase agreement was not carried out according to the agreement. However, Assera feels that it already has APMR and wants to control PT CLM.

Helmut emphasized that his party is the legal management of PT CLM based on its last certificate on September 14, 2022, which has obtained approval from the Ministry of Law and Human Rights.

"Therefore, we hope that the legal apparatus that handles and is supported by the local government can immediately resolve the chaos of share ownership and management in our company," said Helmut.PT Citra Lampia Mandiri (CLM) is a domestic company that was established in 2007 and is engaged in the nickel laterite dmp mining sector and is a mining company with a mining business license (IUP) of 2,660 hectares.