Refleksi : Tentu saja boleh aksi-aksian  empty threat = gertak sambal = nato 
[no action talk only].

http://www.thejakartaglobe.com/business/renegotiation-a-hit-with-house-not-businesses/444927

Renegotiation a Hit With House, Not Businesses
Faisal Maliki Baskoro & Ririn Radiawati Kusuma | June 03, 2011



President Susilo Bambang Yudhoyono's call to renegotiate contracts with foreign 
companies received mixed reaction on Friday, with some industry players calling 
it an empty threat. 

The president said in a speech on Wednesday that the government would review 
and rework contracts with foreign companies, claiming the country's robust 
economy should give it more bargaining power. Finance Minister Agus 
Martowardoyo later gave more specifics, saying the government would review 
energy contracts. 

While some lawmakers lauded the speech, saying it was high time for the 
government to get tough with foreign firms, analysts and business players 
warned that the move could discourage foreign investment. 

Fauzi Ichsan, an economist at Standard Chartered Bank, said Indonesia should 
rework its contracts in line with the agreements' existing renegotiation 
framework. 

"If there is a clause about renegotiation, then we should go about it. If there 
is not, we would only lose in the arbitration," Fauzi said. "Forcibly 
terminating the contract would hurt the investment climate here." 

Kurtubi, an economist at University of Indonesia and director of the Center for 
Petroleum and Energy Economic Studies, said he supported the plan to overhaul 
energy deals. 

"I appreciate what the president said about contract renegotiation, but it's 
too late. He should have said that a few years ago. We have already suffered 
many losses, but renegotiation could offset the losses," he said. 

Yudhoyono said the renegotiations should provide a "win-win solution" and 
benefit the country's Master Plan for the Acceleration and Expansion of 
Indonesia's Economic Development (MP3EI). 

The government, which already has two major deals in its sights, is looking at 
several energy contracts in a bid to increase state revenues, create more jobs 
and give added value to the country's natural resources, Agus said. 

One high-profile contract the government would like to wrap up is with gold 
miner Newmont Nusa Tenggara, which paid Rp 5.8 trillion ($678.6 million) in 
taxes and royalties last year. Under its 1986 working contract, US mining giant 
Newmont must divest 51 percent of its stake in NNT to Indonesian entities. The 
government and lawmakers are at odds over the fate of the final 7 percent, with 
the House of Representatives blocking government attempts to buy the shares 
earlier this week. 

Another contract under scrutiny is with Indonesia Asahan Aluminum, which is 
majority-owned by Japan's Nippon Asahan Aluminum. The government wants to 
nationalize the company, but NAA wants to retain part of its stake. 

Anis Matta, a deputy House speaker from the Prosperous Justice Party (PKS), 
welcomed the president's call to review the contracts, saying the government 
should have done so long ago. 

"We need to start renegotiating contracts with foreign companies, especially in 
the energy sector. We should put up our own offers that are aimed at improving 
the people's welfare instead of just luring investors," he said. 

Former Vice President Jusuf Kalla has also consistently voiced his concerns 
over bad contracts. 

He has called for a renegotiation of the 2002 natural gas contract with China, 
which was made during President Megawati Sukarnoputri's tenure. It says 
Indonesia will sell gas to China for $2.40 per million British thermal units 
for 25 years.


[Non-text portions of this message have been removed]



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