GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA NUMBER 22 OF 2010

ABOUT
MINING AREA

Considering: that to implement the provisions of Article 12, Article 19, Article 25, Article 33, and Article 89 of
Law Number 4 of 2009 concerning Mineral and Coal Mining, it is necessary stipulate Government Regulations
concerning Regions Mining;

In view of:
1. Article 5 paragraph (2) of the Republic of Indonesia Constitution Indonesia in 1945;
2. Law Number 4 of 2009 concerning Mineral and Coal Mining (State Gazette Republic of Indonesia Year 2009
Number 4, Supplement State Gazette of the Republic of Indonesia Number 4959);

DECIDES:

Establish: GOVERNMENT REGULATION CONCERNING MINING REGION.

CHAPTER I
GENERAL REQUIREMENTS

Article 1
In this Government Regulation what is meant by:
1. Mining is part or all of the stages of internal activities order to research, manage and exploit minerals or coal
which includes general investigation, exploration, study feasibility, construction, mining, processing and
refining, transportation and sales, and post-mining activities.
2. Minerals are inorganic compounds that form in the natural world has certain physical and chemical
properties and regular crystal arrangement or a combination that forms rocks, both in loose form or solid.
3. Coal is a precipitate of carbonan organic compounds formed naturally from the remains of plants.
4. Mineral mining is mining of mineral deposits in the form of ore or rocks, outside geothermal, oil and gas and
ground water.
5. Coal mining is a carbon deposit mining found in the earth, including solid bitumen, peat and rock asphalt.
6. Mining business is an activity in the context of exploitation minerals or coal which includes the stages of
investigation activities general, exploration, feasibility study, construction, mining, processing and refining,
transportation and sales, and post-mining.
7. Exploration is the stage of mining business activities for obtain detailed and thorough information about
location, the shape, dimensions, distribution, quality and measurable resources of the material excavation, as
well as information about the social and environmental environment life.
8. Mining Area, hereinafter referred to as WP, is territory which has the potential of minerals and / or coal and
is not bound with the limitations of government administration that are part of national spatial plan.
9. Mining Business Areas, hereinafter referred to as WUP, are part of WP that has data availability, potential,
and / or geological information.
10. Mining Business License Area, hereinafter referred to as WIUP, is the area given to the business license
holder Mining.
11. People's Mining Area, hereinafter referred to as WPR, is part of the WP where people's mining business
activities are carried out.
12. The State Reserve Area, hereinafter referred to as the WPN, is part of the WP which is reserved for
national strategic interests.
13. Special Mining Business Area, hereinafter referred to as WUPK, is part of the WPN that can be cultivated.
14. Special Mining Business License Areas in the WUPK hereinafter referred to as WIUPK, is the area given to
Special Mining Business Permit holder.
15. The Central Government, hereinafter referred to as the Government, is President of the Republic of
Indonesia who holds the authority of the Government The State of the Republic of Indonesia as referred to in
Law- 1945 Constitution of the Republic of Indonesia.
16. Minister is the minister who organizes government affairs in mineral and coal mining.

Article 2
(1) WP is an area that has the potential of minerals and / or coal, both on the ground and underground, which
is in the area of land or sea area for activities mining.

(2) Regions that can be designated as WP as intended in paragraph (1) has the criteria for:
a. indication of mineral-carrying rock formations and / or carriers coal; and / or
b. the potential of mining material resources which are solid and / or liquid.

(3) Preparation of the area as referred to in paragraph (2) is carried out through activities:
a. WP planning; and
b. WP determination.

CHAPTER II
MINING AREA PLANNING

Part One
General

Article 3
WP Planning as referred to in Article 2 paragraph (3) letter a arranged through stages:
a. inventory of mining potential; and
b. WP planning. The second part Mining Potential Inventory

Article 4
(1) Inventory of mining potential as referred to in Article 3 letters a is intended to collect potential data and
information mining which can be used as a basis for preparation WP designation plan.

(2) Mining potential as referred to in paragraph (1) grouped on:

a. mineral mining; and
b. coal mining.

(3) Mineral and coal mining as referred to in paragraph (2) grouped into 5 (five) mining commodity groups:
a. radioactive minerals;
b. metal minerals;
c. nonmetal minerals;
d. rock; and
e. coal.

(4) Regulations concerning mining commodities as referred to in paragraph (3) is regulated in a separate
Government Regulation.

Article 5
(1) Inventory of mining potential is carried out through activities mining investigation and research.

(2) Mining investigations and research are conducted for obtain data and information.

(3) Data and information as referred to in paragraph (2) contain:

a. metal mineral and / or coal carrier rock formations;
b. geological data from the evaluation of moderate mining activities takes place, has ended, and / or has been
returned to Ministers, governors, or regents / mayors are in accordance with its authority;
c. Licensing data on the results of the inventory of permits that are still in place valid, which has expired, and /
or that has been returned to the Minister, governor, or regent / mayor in accordance with its authority; and /
or
d. the interpretation of remote sensing is in the form of structural patterns and lithology distribution.

Article 6
(1) Mining investigation and research as intended in Article 5 carried out by:
a. Minister, for investigation and research in the region:
1. cross provincial areas;
2. sea with a distance of more than 12 (twelve) miles from the coastline; and / or
3. directly adjacent to other countries;

b. governor, for investigation and research in the area:

1. cross district / city area; and / or
2. sea with a distance of 4 (four) to 12 (twelve) miles from the coastline;

c. regent / mayor, for investigation and research in the area:

1. district / city; and / or
2. sea up to 4 (four) miles from the coastline.

(2) In the event that the sea area is between 2 (two) provinces bordering a distance of less than 24 (twenty
four) miles, the area of investigation and research of each province is divided same distance according to the
center line principle.

(3) The authority of the regent / mayor on the sea area as intended in paragraph (2) as far as 1/3 (one third) of
each coastline territory of the governor.

Article 7
Mining investigations and research are referred to in Article 5 is carried out in a coordinated manner by the
Minister, governor and regent / mayor in accordance with his authority.

Article 8
(1) In conducting mining research and research activities, The minister or governor can assign assignments to
the institution state research and / or regional research institutions.

(2) Assignments as referred to in paragraph (1) are carried out for support WP preparation and science
development mining technology.

(3) In certain cases, state research institutions can cooperate with foreign research institutions after obtaining
approval from the Minister in accordance with the provisions of the legislation.

Article 9
(1) State research institutions and / or regional research institutions as referred to in Article 8 paragraph (1)
must:
a. store, secure, and keep data and information confidential mining potential results of investigation and
research are appropriate with the provisions of legislation; and
b. submit all data and information on mining potential obtained from the Minister or governor who gives
assignment.

(2) Foreign research institutions as referred to in Article 8 paragraph (3) must:

a. store, secure, and keep data and information confidential mining potential results of investigation and
research are appropriate with the provisions of legislation; and
b. submit all data and information on mining potential obtained from state research institutions that work
together with it no later than the end date of cooperation.

Article 10
(1) The Minister or governor in accordance with his authority determines the area of investigation and mining
research assignments will be carried out by state research institutions and / or research institutions area and
poured in the map.

(2) The Minister in determining the assignment area as intended in paragraph (1) coordinates with the
governor and regent / mayor local.

(3) The Governor in determining the assignment area as referred to in paragraph (1) coordinates with the
Minister and local regent / mayor.
(4) Regents / mayors may propose an assignment area for conducted mining investigations and research to the
Minister or governor.

Article 11
The map as referred to in Article 10 paragraph (1) is the basis for provide mining investigation and research
assignments to state research institutions and / or regional research institutions.

Article 12
(1) Data and information on the results of mining investigations and research the Minister, governor and
regent / mayor must do it processed into a map of potential minerals and / or coal.

(2) Data and information on the results of mining investigations and research carried out by research
institutions based on assignments from the Minister or the governor must be processed into a map of
potential minerals and / or coal.

(3) Map of potential minerals and / or coal as referred to in paragraph (1) and paragraph (2) contain at least
information regarding mineral-carrying rock formations and / or coal carriers.

(4) Governors and regents / mayors must submit potential maps minerals and / or coal as referred to in
paragraph (1) and paragraph (2) to the Minister.

(5) Based on potential maps of minerals and / or coal as referred to in paragraph (4), the Minister conducts an
evaluation.

(6) The results of the evaluation as referred to in paragraph (5) are used by Minister as material for drafting
WP plans.

Article 13
Further provisions regarding procedures for assigning investigations and mining research is regulated by a
Ministerial Regulation.

Part Three
Preparation of the Mining Area Plan

Article 14
(1) The WP plan as referred to in Article 12 paragraph (6) shall be stated on map sheets and in digital form.

(2) The map referred to in paragraph (1) must describe the WP in the form of zones delineated in dashed lines.

(3) The WP plan as referred to in paragraph (1) is used as the basis for WP determination.

CHAPTER III
DETERMINATION OF MINING AREAS

Part One
General

Article 15
(1) The WP plan as referred to in Article 14 paragraph (3) is stipulated by the Minister to be a WP after
coordinating with the governor, regent / mayor and consult with the House of Representatives Republic of
Indonesia.

(2) WP can be reviewed 1 (one) time in 5 (five) years.

(3) The Governor or regent / mayor is in accordance with his authority propose WP changes to the Minister
based on the results investigation and research.
Article 16
(1) The WP as referred to in Article 15 paragraph (1) may consist of:
a. WUP;
b. WPR; and / or
c. WPN.

(2) WUP and WPN as referred to in paragraph (1) letter a and letter c determined by the Minister.

(3) WPR as referred to in paragraph (1) letter b is determined by regent / mayor.

(4) The Minister can delegate the authority to determine WUP to non-metal mineral mining and WUP for
mining rocks that are across districts / cities and in 1 (one) regency / city in 1 (one) province to the governor.

(5) To determine WUP, WPR, and WPN as referred to in paragraph (2) and paragraph (3), the Minister,
governor or regent / mayor is appropriate with the authority to explore.

(6) Exploration as referred to in paragraph (5) is carried out for obtain data and information in the form of:
a. map, which consists of:
1. geological map and map of carrier rock formations; and / or
2. geochemical maps and geophysical maps;

b. estimated resources and reserves.

(7) The Minister in conducting exploration as referred to in paragraph (5) must coordinate with the governor
and regent / mayor local.

(8) The Governor in conducting exploration as referred to in paragraph (5) must coordinate with the Minister
and regent / mayor local.

(9) Regents / mayors in carrying out exploration as intended in paragraph (5) must coordinate with the
Minister and governor.

Article 17
(1) Data and information as a result of exploration carried out by the governor and regent / mayor must be
processed into a map of potential / mineral reserves and / or coal.

(2) Map of potential / reserves of minerals and / or coal as referred to in paragraph (1) contains at least
distribution potential / reserves of minerals and / or coal.

(3) Governors and regents / mayors must submit potential / reserves mineral and / or coal as referred to in
paragraph (1) along with an exploration report to the Minister.

(4) Map of potential / reserves of minerals and / or coal as referred to in paragraph (2) made in the form of
map and digital sheets.

The Second Part

Mining Business Area

Paragraph 1
General

Article 18
WUP as referred to in Article 16 paragraph (1) letter a consists of:
a. WUP of radioactive minerals;
b. Metal mineral WUP;
c. Coal WUP;
d. Non-metal mineral WUP; and / or
e. Rock WUP.

Article 19
(1) WUP is stipulated by the Minister.
(2) For radioactive mineral WUP, the determination is made by the Minister based on proposals from the
agency that organizes the affairs nuclear government.

Paragraph 2
Preparation of Determination Plans Mining Business Area

Article 20
(1) Minister or governor in accordance with the authority to compile the plan for determining an area in WP
becomes WUP based on potential maps of minerals and / or coal as referred to in Article 12 paragraph (1) as
well as a map of potential / mineral reserves and / or coal as referred to in Article 17 paragraph (1).

(2) WUP as referred to in paragraph (1) must meet the criteria:

a. has rock formations carrying coal, rock formations carrier of metal minerals, and / or carrier rock formations
radioactive minerals, including offshore regions based on maps geology;
b. has geological outcrops for radioactive minerals, minerals metals, coal, nonmetallic minerals, and / or rocks;
c. have mineral or coal resource potential;
d. have 1 (one) or more types of minerals including minerals coal and / or coal;
e. does not overlap with WPR and / or WPN;
f. is an area that can be used for activities mining continuously; and
g. is a mining allotment area in accordance with spatial plan.

Paragraph 3
Determination of Mining Business Areas

Article 21
(1) The area in the WP as referred to in Article 20 paragraph (1) those who meet the criteria are determined to
be WUP by the Minister after coordinate with local governors and regents / mayors.

(2) WUP as referred to in paragraph (1) may consist of:

a. Radioactive WIUP;
b. Metal mineral WIUP;
c. WIUP of coal;
d. WIUP of non-metallic minerals; and / or
e. Rock WIUP.

(3) Determination of WUP as referred to in paragraph (1) shall be submitted in writing by the Minister to the
Republican House of Representatives Indonesia.

(4) Further provisions regarding the procedure for stipulating the WUP are regulated with Ministerial
Regulation.

Paragraph 4
Determination of Mining Business License Areas

Article 22
(1) To establish WIUP in a WUP as intended in Article 21 paragraph (2) must meet the criteria:
a. geographical location;
b. conservation rules;
c. environmental carrying capacity;
d. optimization of mineral and / or coal resources; and
e. population density.

(2) In the case of WIUP non-metallic minerals and / or rocks located at:
a. cross the provincial area and / or sea area of more than 12 (two twelve) miles from the coastline,
determined by the Minister in WUP;
b. cross district / city and / or sea area 4 (four) miles from coastline up to 12 (twelve) miles determined by
governor on WUP; and / or
c. regency / city and / or sea area up to 4 (four) miles from the coastline determined by the regent / mayor on
WUP.

(3) In the sea area which is between 2 (two) provinces bordering a distance of less than 24 (twenty four) miles,
the territory of each province's authority is divided equally according to the midline principle.

(4) The authority of the regent / mayor on the sea area as intended in paragraph (2) as far as 1/3 (one third) of
each coastline territory of the governor.

(5) Establishment of non-metal mineral and / or rock WUP as referred to in paragraph (2) letters b and c can be
delegated by Minister to governor in accordance with regulatory provisions legislation.

(6) The Minister, governor, or regent / mayor is in accordance with his authority in determining the extent and
limits of WIUP of non-metallic minerals and / or rocks in a WUP based on the criteria referred to in paragraph
(1).

(7) The Minister in determining the extent and limits of metal mineral WIUP and / or coal in a WUP based on
the criteria as referred to in paragraph (1).

Article 23
(1) WIUP of metal minerals and / or coal shall be stipulated by the Minister after coordinating with local
governors and regents / mayors.

(2) WIUP of non-metal minerals and / or rocks shall be stipulated by the Minister, governor, or regent / mayor
in accordance with his authority based on requests from business entities, cooperatives, or individuals in
accordance with statutory provisions.

Article 24
In the case of WIUP metal minerals and / or coal have commodities other different mines, to cultivate mining
commodities others must be determined by WIUP first.

Article 25
Provisions regarding the granting of WIUP are regulated in Government Regulations alone.

Part Three
People's Mining Area

Article 26
(1) The regent / mayor draws up a plan for determining an area inside WP becomes WPR as referred to in
Article 16 paragraph (1) letters b based on potential maps of minerals and / or coal as referred to in Article 12
paragraph (1) as well as a map of potential / mineral reserves and / or coal as referred to in Article 17
paragraph (1).

(2) WPR as referred to in paragraph (1) must meet the criteria:

a. have secondary mineral reserves found in the river and / or between the edges and banks of rivers;
b. have primary metal or coal reserves with maximum depth of 25 (twenty five) meters;
c. are terrace deposits, floodplains, and river deposits ancient;
d. the maximum area of WPR is 25 (twenty five) hectares;
e. mention the types of commodities to be mined; and / or
f. is an area or place for people's mining activities has been worked out at least 15 (fifteen) years;
g. does not overlap with WUP and WPN; and
h. is a mining allotment area in accordance with spatial plan.
Article 27
(1) The area in the WP as referred to in Article 26 which is fulfilling the criteria determined to be WPR by the
regent / mayor local government after coordinating with the provincial government and consult with the
Regional People's Representative Council district / city.

(2) Determination of WPR as referred to in paragraph (1) shall be submitted in writing by the regent / mayor to
the Minister and governor.

(3) Coordination as referred to in paragraph (1) is carried out for get consideration related to data and
information owned by the relevant provincial government.

(4) Consultation with the Regency / City Regional Representative Council as referred to in paragraph (1) for
consideration.

Part Four
State Reserve Area

Paragraph 1
General

Article 28
For national strategic interests, the Minister determines the WPN as referred to in Article 16 paragraph (1)
letter c after obtain the approval of the House of Representatives of the Republic of Indonesia.

Paragraph 2
Preparation of Determination Plans State Reserve Area

Article 29
(1) The Minister prepares a plan for determining an area within the WP become WPN based on potential maps
of minerals and / or coal as referred to in Article 12 paragraph (1) and maps the potential / reserves of
minerals and / or coal as intended in Article 17 paragraph (1).

(2) WPN as referred to in paragraph (1) must meet the criteria:

a. has rock formations carrying radioactive minerals, minerals metal, and / or coal based on geological maps /
data;
b. have geological outcrops for radioactive minerals, metals, and / or coal based on geological maps / data;
c. has the potential / reserves of minerals and / or coal; and
d. for the conservation of mining commodities;
e. located in the region and / or island bordering other countries;
f. is a protected area; and / or
g. is on a small island with a maximum area of 2,000 (two thousand) square kilometers in accordance with
statutory provisions - invitation.

Paragraph 3
Determination of State Reserve Areas and Special Mining Business Area

Article 30
(1) The area in the WP as referred to in Article 29 paragraph (1) those who meet the criteria are determined to
be WPNs by the Minister after pay attention to regional aspirations and get approval from the Board People's
Representative of the Republic of Indonesia.

(2) WPN as referred to in paragraph (1) can consist of 1 (one) or some WUPK.

Article 31
(1) WPN determined for certain commodities can be cultivated part of the area after changing its status to
WUPK with the approval of the House of Representatives of the Republic of Indonesia.
(2) Changes in the status as referred to in paragraph (1) are proposed by Minister by considering:
a. fulfillment of domestic industrial and energy raw materials;
b. source of state foreign exchange;
c. Regional conditions are based on the limitations of facilities and infrastructure;
d. potential to be developed as a center of growth economy;
e. environmental carrying capacity; and / or
f. use of high technology and large inventory capital.

Paragraph 4
Determination of Special Mining Business License Areas

Article 32
(1) To determine WIUPK in a WUPK as intended in Article 30 paragraph (2) must meet the criteria:
a. geographical location;
b. conservation rules;
c. environmental carrying capacity;
d. optimization of mineral and / or coal resources; and
e. level of population density;

(2) WUPK as referred to in paragraph (1) consists of:

a. Metal mineral WIUPK; and / or
b. WIUPK coal.

(3) The Minister in determining the extent and limits of WIUPK metal minerals and / or coal in a WUPK based
on criteria as referred to in paragraph (1).

Article 33
In the case of WIUPK metal minerals and / or coal there are commodities other different mines, to cultivate
mining commodities others must be stipulated by WIUPK first.

Article 34
Provisions regarding the granting of WIUPK are regulated in Government Regulations alone.

Part Five
Zoning Delineation for WIUP or WIUPK Operations Production in Protected Areas

Article 35
(1) Zoning map for WIUP Exploration and WIUPK Exploration in the region the protection can be delineated
into a zoning map of WIUP Production Operation or WIUPK Production Operation.

(2) The zoning delineation as referred to in paragraph (1) is carried out based on the results of the feasibility
study and attention to balance between costs and benefits and between risks and benefits in conversion of
protected areas.

(3) Balance between costs and benefits and between risks and the benefits referred to in paragraph (2) are
carried out with take into account at least about reclamation, post-mining, technology, sustainable community
development programs, and environmental management in accordance with regulatory provisions legislation.

(4) Further provisions regarding the procedure for conducting delineation are regulated with Ministerial
Regulation.

CHAPTER IV
DATA AND INFORMATION

Part One
Data and Information Management

Article 36
(1) Government, provincial government and district / city government must manage data and / or information
on business activities mining in accordance with its authority.

(2) Management of data and / or information includes acquisition activities, administration, processing,
arrangement, storage, maintenance, and destruction of data and / or information.

(3) The provincial or district / city government is required submit data and / or information on mining business
to Government.

(4) Data and information as referred to in paragraph (1) and paragraph (2) is owned by the state and managed
by the Minister.

(5) Results of managing data and / or information as referred to in paragraph (4) is used for:
a. determination of potential and WP classifications;
b. determining the balance sheet of resources and reserves of minerals and coal national; or
c. development of mineral science and technology and coal.

Article 37
Further provisions regarding procedures for managing data and / or information is regulated by a Ministerial
Regulation.

The Second Part

Geographic Information System

Article 38
(1) WP is managed by the Minister in a WP information system nationally integrated to make uniformity
regarding coordinate system and base map in issuing WUP, WIUP, WPR, WPN, WUPK, and WIUPK.

(2) Coordinate system of mapping WUP, WIUP, WPR, WPN, WUPK, and WIUPK as referred to in paragraph (1)
uses the Geodetic Datum National determined by Government agencies organize government affairs in the
field of surveys and national mapping.

(3) The WP information system as referred to in paragraph (1) must be able to accessed by the provincial
government and district / city government.

(4) Further provisions regarding the WP information system are regulated with Ministerial regulation.

CHAPTER V
TRANSITIONAL PROVISIONS

Article 39
When this Government Regulation comes into force:
1. Government agencies, provincial government or government districts / cities that have not used the map
coordinate system based on the National Geodetic Datum set by the agency The government that organizes
government affairs in the field National surveys and mapping must adjust within a period of time no later than
6 (six) months.

2. The area of regional and regional mining permits mining that has been given to holders of licenses Regional
Mining or Mining Authority granted based on statutory provisions before the issuance of this Government
Regulation, in the most period 3 (three) months after the enactment of this Government Regulation, must
stipulated to be WIUP in WUP in accordance with the provisions in This Government Regulation.

3. The contract area of work and the area of agreement for the exploitation of work coal mining that has been
given to the holder contract of work and holder of concession agreement coal mining is provided based on the
provisions legislation before the issuance of the Regulation This government, within a period of no later than 3
(three) months from the enactment of this Government Regulation, must be stipulated in WUP in accordance
with the provisions of this Government Regulation.
CHAPTER VI
CLOSING

Article 40
At this time all Government Regulations came into force implementation which regulates mining areas is
stated still valid as long as it does not conflict with the Rules This government.

Article 41
This Government Regulation shall come into force on the date of promulgation.

For everyone to know it, order the enactment of the Regulation This government is placed in the Republic of
Indonesia Gazette Indonesia.

Legalized in Jakarta
on February 1, 2010

PRESIDENT OF THE REPUBLIC OF INDONESIA

signed Dr. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on February 1, 2010

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, signed PATRIALIS AKBAR STATE GAZETTE OF
THE REPUBLIC OF INDONESIA NUMBER 28 OF 2010