Regulation Of The Minister Of Energy And Mineral Resources, Number 38 By 2013

Original Language Title: Peraturan Menteri Energi Dan Sumber Daya Mineral Nomor 38 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51bbb25170911f313233373435.html

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Back NEWS REPUBLIC of INDONESIA No. 1541, 2013 the MINISTRY of ENERGY and MINERAL RESOURCES. Compensation. Free Air Space. Extra High Voltage. Repeal.

REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA NUMBER 38 by 2013 ABOUT COMPENSATION for the LAND, buildings and PLANT, which is UNDER the FREE SPACE CHANNEL AIR HIGH VOLTAGE and EXTRA HIGH VOLTAGE AIR CHANNELS with the GRACE of GOD ALMIGHTY the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, Considering: that in order to implement the provisions of article 38 the Government Regulation number 14 in 2012 about the business activities of the electric power Supply need to set Regulations, the Minister of energy and Mineral resources about compensation for the Land, buildings and plant, which is under the free space Channel Air high voltage and Extra High Voltage Air Channels;
Remember: 1. Act No. 30 of 2009 about the Ketenagalistrikan (State Gazette of the Republic of Indonesia Number 133 in 2009, an additional Sheet of the Republic of Indonesia Number 5052);
2. Government Regulation number 14 in 2012 about the business activities of the electric power Supply (Gazette of the Republic of Indonesia Number 28 in 2012, an additional Sheet of the Republic of Indonesia Number 5281);
3. Presidential Decree number 59/P in 2011 on October 18, 2011;
4. Regulation of the Minister of mines and energy number 01. P/47/URM.PE/1992 dated February 7, 1992 about free space high-voltage air duct (SUTT) and Extra High Voltage air duct (SUTET) for electric power Distribution as modified by the decision of the Minister of mines and energy Number 975 K/47/MPE/1999 May 11, 1999;
5. Regulation of the Minister of finance Number 125/FMD. 01/2008 dated September 3, 2008 Public Service Appraisers;
6. Regulation of the Minister of energy and Mineral resources of number 18 in 2010 about the Organization and the Work of the Ministry of energy and Mineral resources (news of the Republic of Indonesia year 2010 Number 552) as amended by regulation of the Minister of energy and Mineral resources, number 22 by 2013 (news of the Republic of Indonesia Year 2013 Number 1022);
Decide: define: REGULATION of the MINISTER of ENERGY and MINERAL RESOURCES ABOUT COMPENSATION for the LAND, buildings and PLANT, which is UNDER the FREE SPACE CHANNEL AIR HIGH VOLTAGE and EXTRA HIGH VOLTAGE AIR CHANNELS.
CHAPTER I GENERAL PROVISIONS article 1 In this ministerial regulation is: 1. Compensation is the giving some money to the holders of land rights following the building, plant, and/or other objects that reside on the land because land is used indirectly for the construction of ketenagalistrikan without a release done or surrender of land rights.
2. Channel high voltage Air hereinafter abbreviated SUTT is a power channel uses the naked wire (conductor) in the air above-voltage 35 kV up to 245 kV in accordance with standards in the field of ketenagalistrikan.
3. Extra High Voltage Air Channels which further abbreviated as SUTET is the channel power using the naked wire (conductor) in the air above 245 kV-voltage in accordance with the standards in the field of ketenagalistrikan.
4. The institution is the Office of Assessor Assessor Services professional and independent Public that can perform assessment of the market value of land, buildings and plant.
5. Plants are perennials with high plant, which could potentially enter into free space.
6. The Minister is the Minister of governmental affairs which hosts in the field ketenagalistrikan.
7. The Director General is the Director General implement tasks and is responsible for the formulation and implementation of policies and technical standards in the field of ketenagalistrikan.
CHAPTER II IMPLEMENTATION of the COMPENSATION is considered part of the ACTIVITY inventory of Land, buildings and Plant article 2 (1) the holder of the business license of supplying electrical power and Operating Permit holders are required to provide compensation for land, buildings and plant, which is under the free space SUTT or SUTET before carrying out the withdrawal or SUTT SUTET network at that location.
(2) the holder of the business license of supplying electrical power and Operating Permit Holders before carrying out the withdrawal SUTT network or SUTET as referred to in paragraph (1) obligatory: a. socialization SUTT development plan or SUTET to the community that will be tunneled SUTT or SUTET through the offices of the kabupaten/kota Governments;
b. initial logging site development plan SUTT which covers the SUTET or the collection of initial data of the holder of rights, as well as land, buildings and plant, which is under the free space or SUTT SUTET who will be compensated;
c. inventory and identification of the ownership, use and utilization of land, building and/or plant;
d. documentation containing inventory results include: 1. the holder of the rights to the land, building and/or plant;
2. soil type;
3. land and buildings;
4. high plant;
5. lay of the land, building and plant; and 6.  Map object land, buildings and plant; and e.  the announcement of the results of the inventory and identification at the Office of neighborhood/village and subdistrict.
(3) in the event that a party has the right to land, buildings, and plants do not receive the results of an inventory and the identification referred to in paragraph (2) Letter c, the party that has the right to land, buildings and plant may file an objection to the holders of Power Supply business license Holder and Operating Permits or through the Office of neighborhood/village and the local subdistrict of 14 (fourteen) days commencing employment after it was announced.
(4) the holder of the business license of supplying electrical power and Operating Permit holders are obliged to follow up the objection referred to in subsection (3) by verifying the ownership, use and utilization of land, buildings and plant and the results posted at the Office of neighborhood/village and subdistrict.
(5) the results of an inventory, identification and/or verification as referred to in paragraph (2) and paragraph (4), subsequently became the basic nominative list candidate in the making of the recipient of the compensation.
The second part of the designation of the institutions Assessment of article 3 (1) the holder of the business license of supplying electrical power and Operating Permit Holders carry out procurement institution of Assessors to conduct an assessment of the magnitude of the compensation.
(2) the Institute Evaluator referred to in subsection (1) must have a classification assessment services related to the field of valuation of land, buildings and plant, which got a business license from the Minister of finance and got the license from the institutions of the land.
(3) the holder of the business license of supplying electrical power and Operating Permit Holders delivering the proposed designation of the candidate Assessment Agencies to the Director General, or Governor, bupati/walikota in accordance with those powers.
(4) the proposed designation of the candidate Assessment Institutions as referred to in paragraph (3) is at least equipped document regarding: a. business license and/or permit the opening of a branch office of the institution of Assessors from the Minister of finance;
b. a list of the names of the assessors who have received permission from the Minister of Finance of the evaluator;
c. Agency license from land; and d.  assessment services related field list.
(5) the Director General, or Governor, bupati/walikota in accordance with its decision setting the appointment or rejection of institutions Assessment 14 (fourteen) days of work since the application was received in full.
(6) in the event the petition for the appointment of the Assessor is denied, Agency Director-General, or Governor, bupati/walikota corresponds to its notify in writing to the applicant is accompanied by the reasons for his refusal.
The third part Compensation Formula calculation of article 4 (1) the Formula calculation compensation for land, buildings and plant, which is under the free space SUTT or SUTET is specified as follows: a. the Formula calculation of compensation for land: Compensation = 15% x Lt x NP Description: Lt: land area under free space NP: the market value of the land from the Institute Evaluator b.  The formula of calculation of compensation for buildings: Compensation = 15% x x Lb NPb Description: Lb: building area under NPb free space: market value Appraisers Institute building c.  Formula calculation compensation for crops: NPt = Compensation Description: NPt: market value of crops of Assessors (2) the Formula calculation of compensation as referred to in paragraph (1) be the basis for the determination of the magnitude of the compensation.
(3) free space SUTT or SUTET as referred to in paragraph (1) refers to the provisions of the legislation.
The fourth part Designation Quantity Compensation article 5 (1) the institution of Assessors set the magnitude of Compensation based on the formula of calculation of compensation as referred to in article 4.
(2) the results of the determination of the magnitude of the compensation referred to in subsection (1) is final and became the basis for the business license holder of electric power Supply and Operating Permit Holders in awarding compensation.
The fifth part of the compensation Payment Procedures of article 6 (1) against the land, buildings and plant, which is under the free space SUTT or SUTET can only be compensated once.
(2) in the case of land, buildings and plant, which is under the free space or SUTT SUTET changed hands to the new owner so the new owner is not entitled to demand the payment of compensation.
(3) the payment of the compensation given by the holder of the business license of supplying electrical power and Operating Permit Holder to the holder of the rights over the land, buildings and plant.

(4) the payment of Compensation as referred to in paragraph (1) be witnessed at least two (2) witnesses of the leadership of the parish/village/local authorities with an accompanying receipt of payment of compensation.
(5) in the event that the prospective recipient of Compensation is not found or refuse compensation, business license holder of electric power Supply and Operating Permit Holders do daycare payment of compensation to the Office of the District Court in accordance with the local legislation and business license holder of electric power Supply and Operating Permit Holders can withdraw SUTT chain or SUTET.
CHAPTER III RIGHTS of the HOLDERS of LAND RIGHTS AS WELL AS the HOLDERS of POWER SUPPLY BUSINESS LICENSE HOLDERS and PERMIT the OPERATION of article 7 (1) the holder of the rights over the land which had received Compensation as referred to in article 6 may utilize land throughout its utility does not go into free space SUTT or SUTET.
(2) the holder of the business license of supplying electrical power and Operating Permit Holders who have made payment of compensation, entitled to hew, cut, or uproot plants which are under free space SUTT or SUTET.
CHAPTER IV DAMAGES in WITHDRAWAL or SUTT NETWORK SUTET section 8 (1) damages for the damage on buildings or other crops and forest that occur when withdrawal SUTT network or SUTET made in deliberation.
(2) other stands are referred to in subsection (1) is not the perennials plants.
Chapter V the CONSTRUCTION and SUPERVISION article 9 Director General, Governor, bupati/walikota correspond to those powers do coaching and supervision against the implementation of the regulation of the Minister.

CHAPTER VI COMPENSATION LAND OWNED and/or CONTROLLED by the STATE and the INDIGENOUS LAND article 10 compensation for land, buildings and plant owned and/or controlled by the Government, local governments, State-owned enterprises and business entities belongs to indigenous land and Areas designated in accordance with the provisions of the legislation.

CHAPTER VII TRANSITIONAL PROVISIONS article 11 Compensation Process for SUTT and SUTET in progress and not yet assigned a magnitude of compensation, the compensation process carried out in accordance with the provisions in the regulations of the Minister.

CHAPTER VIII PROVISIONS COVER article 12 at the time of this Ministerial Regulation entered into force, the provisions concerning compensation for the land, plants, herbs, and buildings that are under free space SUTT or SUTET referred to in the regulation of the Minister of mines and energy number 01. P/47/URM.PE/1992 dated February 7, 1992 about free space high-voltage air duct (SUTT) and Extra High Voltage air duct (SUTET) for electric power Distribution as modified by the decision of the Minister of mines and energy Number 975 K/ 47/MPE/1999 May 11, 1999, repealed and declared inapplicable.

Article 13 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on December 24, 1995 the MINISTER of ENERGY and MINERAL RESOURCES of the REPUBLIC of INDONESIA, JERO WACIK Enacted in Jakarta on December 24, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();