Quick blogging. Finally the long awaited report from the Independent Expert (IE) is out.

The report emphasize the importance of transparency, participation and accountability in water projects involving the private sector. On the transparency side, the IE even suggests that "Commercial confidentiality must not jeopardize the transparency requirements provided for under the human rights framework". Finally, she conclude and recommends that "The process of decision-making and implementation, any instruments that delegate service provision including contracts, and instruments that outline roles and responsibilities must be transparent, which requires the disclosure of adequate and sufficient information and actual access to information".

 

I hope this report ends the long speculation that the human right to water means outlawing “privatisation”. It does not and is never meant to be as such. The discourse on water has been cluttered with the privatisation debate. This report outline that the word “privatisation” itself is dilemmatic and the problem does not end there. Privatization has its problem and so does non-delegated or state-owned services. The real problem is governance, whether the service is public or private or hybrid.

More discussions follows.

Read the full report here.

Relevant posts:

Transparency in Water Services
Indonesian Water Services Suffering from a Lack of Governance
14 Disturbing Facts about Jakarta's Water
Where to complain for bad water services – a comparison
Jakarta’s water crisis, whose fault?
Human Right  Aspects of Private Sector Participation in the Water Sector
Is water a commodity or human rights?
The human right to water is not a property right
Why busy with the right to water instead of governance
Consultation on the Human Right  Aspects of Private Sector Participation in the Water Sector: more responses from the private sector
The Economist and the human right to water
Transparency Agenda in Water Utilities Regulation
Hukum Air (Water Law) is not really a topic in Indonesia
Papers:
Safeguarding water contracts in Indonesia
Constitutional Court review and the future of water law in Indonesia
Presentation:
Anticipating water trade

 

Hello again researchers!

 

Your Endnote contains the list of literatures and authorities you used for your research paper. It may also contain your research data itself, attached to the bibliography in endnote. For sure, you want it to be safe and if possible, retrievable from any location which has endnote software in it. The solution: store your endnote data in the cloud. If you use multiple computers, you might want to sync it as well so that every changes you made in one computer will be adjusted in the other. We’ll do this using dropbox.

Steps:

The Three Main Folders

1. Install Dropbox.

2. Identify three main folders used in endnote: the styles folder, the filters folder and the connections folders. Click edit, preferences, folder locations. You will see three default path to folder locations.

3. Go to windows explorers, find the location of those three folders, copy them.

4. Go to your MyDropbox, create a new folder (e.g. Endnote) and paste them there in the new folder.

5. Now you need to return to your endnote, click edit, preferences, folder locations, select folder. Change the path into your new endnote folders in Dropbox.

 

 

The library file (ENL)

 

Normally, Endnote store your library file in MyDocuments/Documents. Go to windows explorer, find the *.enl files and copy them. Next, go to MyDropbox, paste them there (or you can paste it in your endnote folder in dropbox too, if you like). In order to change the default library location, do the following:
Click edit, preferences, libraries, open the specified libraries, click add open libraries, apply.

 

That’s it! Your endnote is in your dropbox now. You can work on your paper in any computer with endnote and dropbox installed. If you are using a new computer, don’t forget to adjust the paths of your endnote software into your dropbox folder.   

Related post:
Howto: Autosave your ms word doc in Dropbox

 

This is a tip to my fellow countrymen ph.d, master students, and anyone else working with MS-Word in multiple computers. As you know, dropbox is a tool to sync, store and (optionally) share your data in the cloud. It gives you a 2GB of storage capacity.

Now that’s too small for me since I consume at minimum 5 GB of space ( for my MS Office files and PDFs data) every 6 months. So I use dropbox in combination with other free cloud strorage facilities such as Skydrive (25 GB). I use dropbox only to sync and store my working files, which are mostly in MS-Word (well, occasionally lawyers use excell and visio too, but only occasionally!). The whole ms-word working files cost me less than 500 MB for one year. That should work for everyone too. Even if you manage to write and publish 50 papers in a month, that should count for less than 1 GB for the whole year! Bottomline: dropbox free 2 GB account would suffice for syncing your working files. But for your data, you may need additional backup storage from Skydrive.

Here’s how it work for MS Word:

MS Word 2003:

Click tools --- Options --- File Locations --- Modify

 

 

MS Word saves your working files in Document/My Document by default. In order to change this, click modify and point it to your MyDropbox folder (normally located in My Document).

For MS Word 2007, you need to click the Office Button, click Advanced, in the General section click File Locations, click Documents in the File types list,  click Modify and then point it to your MyDropbox location.

Done. Now there is no more need to copy-paste your file from your local computer to your MyDropbox folder. Just save it as usual, and it will store in the cloud, your local hard drive and sync with your other computers at the same time.

Later when I have time, I will provide you with a tutorial on how to sync your endnote files, libraries and styles across computers as well as storing it in the cloud, using Dropbox.

The E&P Sharing Contracts and Agreement 2010 is taking place in the 6th until the 8th of July in the Grand Hyatt, Jakarta. Master Class A is taking place on the 6th of July with the topic “Structuring, Negotiating and Managing EPC Contracts in the Oil and Gas Industry”.

Tomorrow is a special day as the plenary session will take place. There’s an exciting segment where Dr Widjajono Partowidagdo of the National Energy Council (DEN) will discuss a new economic model he’s developed on the “Next Steps of Action” for operators and government to achieve the vision of the forum: Reformed, Energetic and Efficient E&P Industry in Asia Pacific through fresher, commercially viable E&P agreements.

High-level executives from oil and gas, oil financing and government sectors, supermajor IOCs, big NOCs, INOCs, SOCs including ConocoPhillips, ExxonMobil, Total, Hess, Samsung, Petronas, PTT, Pertamina, Medco, major law firms, and teams from Indonesian regulators in the ESDM and BPMIGAS attended the forum.

Click here (Masterclass A) and here (Masterclass B and C) to get a sneak peek on the Master Classes. Read the forum agenda here.

H.T. to Mulia

 

 

 

 

 

It’s time for weekend intermezzo. Speaking about summer time, want to see how presidents fares with disturbing flies? Watch the video.

 

Well, looks like our President needs a bit of pesticide. Hm.

 

Now check out Obama’s style:

What a martial art! And more eco-friendly (well maybe not for the fly). The American President must’ve learned it during his childhood while he in Menteng, Jakarta.

If Leader Mao followed the contest, he would have used: a chopstick.

 

The World Bank once says that Indonesia’s negative list is by no means a simple system. Here’s a list of news and analysis discussing the 2010 negative list:

 

There’s a good article about this in HPLaw’s website:

PR No.36/2010 regulates 17 business fields that are conditionally open to capital investment, namely agriculture, banking, communications & information technology, culture & tourism, defense, education, energy & mineral resources, finance, forestry, health, industry, manpower & transmigration, marine & fisheries, public works, trading, transportation, and security.

Ebeling Heffernan (probably sourced from the Jakarta Post) tries to explain the ‘hierarchy of law’, operating with the DNI:

The regulation also recognizes a grandfather clause, meaning the new regulation will not affect investors that have complied with the previous regulation issued in 2007, he added. "This regulation also recognizes law hierarchy, so other regulations whose hierarchies are below this regulation are not effective," said Gita, adding that Indonesia wanted to eliminate investment uncertainties.

The Jakarta Globe details the ‘ownership percentage’ :

It permits, for example, foreign companies to own 67 percent of construction businesses, up from 55 percent. Meanwhile, foreign companies will be able to own 67 percent stakes in hospitals nationwide, up from 65 percent in specific health-related enterprises that were restricted to a few cities. Desperate to address a power shortage, however, the government has granted foreign investors the right to own up to 95 percent of joint ventures in power plants with a capacity above 10 megawatts.Meanwhile, in movie production, the government is allowing foreigners to own 49 percent of such companies, up from zero.

I found that this article from the Singaporean Law Firm O’Melveny to be particularly helpful and quite detail. It also addresses the BTS antenna controversy. As you might be aware, the current DNI resolves the overlap by siding with the Communication Ministry by forbidding foreign investment in Telecom Towers:

One significant area of difficulty in determining the Indonesian foreign ownership regime has been the existence of conflicting regulations issued by various different regulatory bodies. The most well known example is the telecommunications tower industry, which was opened to 100% foreign investment by BKPM under the 2007 Negative List, but which was declared closed to foreign investment by regulation of the Communications Ministry. The revised Negative List resolves this particular debate in favor of the Communications Ministry by closing the telecommunications tower industry to foreign investment. It was hoped that the New Regulations would address these conflicts by reconciling all foreign ownership issues to a single regime.

 

Meanwhile, Bisnis daily focuses on the overlap between the current DNI and the Shipping Law:

Johnson reminded the relaxed requirement for international route sea transportation was overlapping with Law 17/2008 on Shipping. "In implementing the presidential regulation, please don't violate Article 29 clause 2 of the Shipping Law." The article reads Indonesian citizens or business agencies can establish joint ventures with foreigners in forms of sea transportation companies. "To get business permit in Indonesia based on the law, foreign investors should at least have one Indonesia-flagged ship weighed 5,000 gross tonnage (GT) and the ship has to be registered to the government," he said.

 
Overlaps are quite normal for DNIs. But it can be a problem too if the industry sector is tightly regulated by a department or a ministry or especially, if it is correlated with license conditions. This is where potential investors normally requires an advice.

 

To read the Presidential Regulation 36 Year 2010 on Investment’s Negative List, click on my previous post here. Contact me at movanet(at)gmail.com for queries.

Related Posts:
The New Negative List for Foreign Direct Investment 2010 (Confirmed)
The new investment negative list (2010)
The New Negative List of Investment (2007)
How to set up a company in Indonesia
Geothermal projects in Indonesia
Water investment in Indonesia
Some note on Indonesian Investment Law
Living with the Other Fishes
Guide to doing business in Indonesia

 

On my previous post, I blogged about the new rule on negative list of investment (Daftar Negatif Investasi or “DNI”). The BKPM recently issued a press release about this. Here’s a snippet:

 

8)  Several sectors give opportunities for foreign capital to more help strengthening the financing capacity for domestics:
a.  Industrial sectors in siklamat and saccharine were previously closed for investment and now they are opened with certain license.
b.  Public works industries in construction have an upgrade of foreign capital ownership from 55% to 67%.
c.  Culture and tourism sectors in filming service (studio of filming, laboratory of film processing, dubbing facilities, printing and film reduplication) is now opened for foreign capital of 49%.
d.  Health sector in hospital services, clinics of specialist doctors clinic laboratories and medical check-up clinic has also an upgrade in foreign capital ownership from 65% to 67% and the location of the activities can now be done all over Indonesia.
e.  Electricity sectors in electricity generators (1-10MW) can be carried out in partnerships, whereas the generators higher than 10 MW, the ownership of foreign capital is maximum 95%.

9)  There will be several adjustments on foreign capital ownership for several sectors and it may be due to the existing of some new decrees or to give wider opportunities for local investors:
a.  Agricultural sectors in the cultivation of principal food crops (corns, soybeans, peanuts, green beans, rice, cassava, sweet potato) with the width of no more than 25 hectares, the ownership of foreign capital is maximum 49% based on the Decree No. 41 Year 2009 regarding the Protection of Sustainable Agricultural Land.
b.  Sectors of Communication and Information in the fields of:

i.  Mailing administration, is conditioned to have special permission and the foreign capital is maximum 49% based on the Decree No. 38 Year 2009 regarding mailing.
ii.  Providing, managing, (operating and renting) and providing construction service for telecommunication towers are 100% local investor ownership.

10) In order to implement Indonesian commitment in investment related to ASEAN Economic Community, this current DNI adds one new attachment (Attachment II.j) which rules out the conditions of foreign capital ownership and/or location for investors from ASEAN countries. These investors are given dispensation in owning capital more than the other foreign investors, for example in the transportation sectors in maritime cargo handling services of which the ASEAN investors are allowed to own foreign capital with the maximum of 60% while the other foreign investors are only allowed for 49%.

You can download the Presidential Regulation 36 Year 2010 on Negative List of Investment here (in Bahasa Indonesia). Alternatively, you can have a look at Google’s translation of the DNI regulation in this page (Google’s translate has been improving quite a lot although it can get lousy for technical terms sometimes). You may find some tips on filling out BKPM Forms on my previous posts below.

 

If you have any specific question, you can email me at movanet(at)gmail.com

 

Related Posts:

 

The new investment negative list (2010)
The New Negative List of Investment (2007) 
How to set up a company in Indonesia
Geothermal projects in Indonesia
Water investment in Indonesia
Some note on Indonesian Investment Law
Living with the Other Fishes
Guide to doing business in Indonesia