By Sakari Deichsel & George Gorman

Recent regulations in Indonesia have looked to cap foreign ownership in the high-risk mining sector, such as this coal mining operation in the Derawan Islands in the Sulawesi Sea. Source: jaundicedferret's flickr photostream, used under a creative commons license.
Indonesia’s economy saw a confidence-boosting 6.5 percent growth in GDP in 2011 fueled by a strong middle-class consumer demand and surging foreign direct investment (FDI) inflows of $19.3 billion that year. Indonesia has continued to ride a wave of investor optimism in the first quarter of 2012 with a record 30 percent surge in FDI inflows valued at $5.6 billion. With Moody and Fitch having upgraded the country’s credit rating to investment level for the first time since the 1997 Asian financial crisis, optimism about the country’s strengthening economy has prompted optimism that Indonesia is ready to join other emerging economic superstars on the world stage.
This enthusiasm has been tempered, however, by recent protectionist moves, particularly in the mining sector. The Ministry of Energy and Mineral Resources rattled investors March 7 with the announcement of new regulations aimed at restricting foreign ownership in the mining sector to 49 percent. Under the new regulations, foreign companies must gradually reduce their stake in mining enterprises to 80 percent in six years and 49 percent in 10 years. Although domestic private investors will be able to bid on foreign shares, public sector entities will be given priority. Indonesians have long called for such restrictions on foreign ownership of mining and processing out of a sense of resource nationalism, but foreign observers view the new policy as an unanticipated lurch toward protectionism.
Opaque regulatory measures like the new mining law, where no input was solicited from the industry itself, have renewed investor anxiety about the direction of Indonesian economic policy. Such protectionist measures have complex negative reverberations as investors question whether similar restrictions might be levied against the manufacturing and service sectors in the future. Apprehension about the new mining law played a role in Standard & Poor’s decision to forgo upgrading the booming market’s credit rating in response to recent “policy slippage.” (more…)








