Hikmahanto: Beware of negotiating with Freeport



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Freeport McMoran is considered not only as a society.

REPUBLIKA.CO.ID, JAKARTA – Professor of International Law of the University of Indonesia Hikmahanto Juwana advises PT Indonesia Asahan Aluminum (Inalum) management to be vigilant and very cautious when negotiations with Freeport. The reason, Inalum will deal directly with Freeport McMoran.

"It's because what is actually done is Freeport McMoRan, not just PT Freeport Indonesia," said Hikmahanto Juwana in Jakarta on Thursday.

He stated that Freeport McMoran was not just a business but more complex. Complexity facing Freeport McMoran at least four. First Freeport McMoRan believes that he has bound the Republic of Indonesia to his employment contract and therefore does not appear to be subject to Indonesian laws and regulations

The long history of interactions between Freeport McMoRan and the Indonesian government must be considered by the management of Inalum. Do not let Inalum's management deny the achievements made by current and past governments.

In addition, Minister Jonan acknowledges that the Freeport agreement is not binding.

However, we must admit at times moral hazard and deviations made by officials. This should be understood by Inalum management as it is not impossible to be exploited by Freeport McMoran in negotiations.

"The three financial forces of Freeport McMoran should not be underestimated, the financial strength and the ambition to stay in Indonesia allows Freeport McMoRan to He hired the great lawyer public relations even put pressure on influential people in Indonesia and the United States, "he said.

Fourthly, disintegration problems often occur, and the Indonesian government is invited to be involved. and PT Freeport Indonesia and Rio Tinto have signed Heads of Agreement .

PT Indonesia Asahan Aluminum (Inalum), Freeport McMoran Inc. and Rio Tinto have signed with Inalum the main agreement agreements relating to on sale of Freeport shares and Rio Tinto's rights of participation in PT Freeport Indonesia.Inalum's property in PTFI after the sale of shares and rights was 51% against 9.36% [19659004] The Princip The Agreement is in accordance with the January 12, 2018 agreement between the Indonesian Government, the Papua Provincial Government and the Mimika Government. Under the agreement, Inalum will spend US $ 3.85 billion to purchase Rio Tinto's equity interests in PTFI and 100% of the FCX shares in PT Indocopper Investama. , which holds 9.36% of the capital of PTFI. The parties will complete this sale and purchase agreement before the end of 2018.

But some parties are questioning this agreement. Heads of Agreement (19459008) (HoA) signed by Inalum, Freeport McMoRan and Rio Tinto on Thursday (12/7) evaluated the exit issues related to the HoA status and the purchase price. If the HoA is binding or not.

Minister of Energy and Mineral Resources, Ignatius Jonan, acknowledges the transactional action system of the company agreement leader (HoA) in l & # 39; 39; Freeport purchase is not a binding agreement. Jonan said, HoA is made only to match perceptions related to the transaction.

However, he said, through the HoA that the transaction procedure, the number of transactions, and the transaction mechanisms are unified perceptions. "If you ask me, it's not binding, but it's framework for transactions, it's actually legally binding," Jonan told the residential complex on Thursday. (19/7).

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