SHEET COUNTRY
REPUBLIC OF INDONESIA
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
No. 74 YEAR 2012
ABOUT
NUCLEAR LOSS LIABILITY
BY THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Weighing: that to carry out the provisions of Article 34 of the paragraph (2) and Article 37 of the paragraph (2) of the Law No. 10 of 1997 on the Peace and Article 1 of the Government Regulation No. 46 of 2009 on the Limits of the liability of the Losses Nuclear, need to establish the President ' s Regulation on the Responsibility of Nuclear Loss;
Remembering: 1. Section 4 of the paragraph (1) of the Basic Law of the Republic of Indonesia Year of 1945;
2. Act No. 10 of 1997 on the Serenaganukliran (Gazette of the Republic of Indonesia in 1997 No. 23, Additional Gazette Number 3676);
3. Government Regulation No. 43 of 2006 on Perizinan Nuclear Reactors (Sheet State Of The Republic Of Indonesia In 2006 Number 106, Additional State Sheet Number 4668);
4. Government Regulation No. 46 Year 2009 on the Limits of the Nuclear Loss (Sheet Of State Of The Republic Of Indonesia In 2009 Number 91, Addition Of State Sheet Number 5021);
DECIDED:
SET THE PRESIDENT ' S REGULATIONS ON THE ACCOUNTABILITY OF NUCLEAR LOSSES.
BAB I
UMUM CONDITIONS
Section 1
In this Presidential Regulation, which is referred to:
1. The nuclear installation is:
a. nuclear reactor;
B. the facilities used for the purification, conversion, nuclear enrichment, nuclear fuel fabrication and/or reprocessing of the secondhand nuclear fuel; and/or
c. The facilities used to store nuclear fuel and secondhand nuclear fuel.
2. Power Reactor is a nuclear reactor that is a nuclear power plant that uses heat energy for power generation for both commercial and non-commercial purposes.
3. Nonpower Reactor is a nuclear reactor that uses neutrons for research purposes or isotope manufacture both for commercial and non-commercial purposes.
4. Nuclear fuel transport or secondhand nuclear fuel is the transfer of nuclear fuel or secondhand nuclear fuel from a place to another through a common traffic network, by means of transport of land, water, and other nuclear fuel. Air.
5. Nuclear accidents are any occurrence or series of events that pose a nuclear loss.
6. Nuclear loss is any loss that can be death, defect, injury, or pain, property damage, pollution and environmental damage inflicted by radiation or a mixture of radiation with the nature of the venom, the easy nature exploded, or other hazards as a result of nuclear fuel criticism in nuclear installations or during transport, including losses as a result of preventive measures and losses as a result or action for the recovery of the living environment.
7. Nuclear installation entrepreneurs are individual persons or legal entities responsible for the operation of nuclear installations.
8. The sender of nuclear installation of the sender is a nuclear installation entrepreneur that performs the preparation and delivery of nuclear fuel or secondhand nuclear fuel.
9. The recipient of a nuclear installation recipient is a nuclear installation entrepreneur that receives nuclear fuel or secondhand nuclear fuel from the sender.
10. The third party is the person or body suffering from nuclear losses, excluding nuclear installation entrepreneurs and nuclear installation workers who according to the organizational structure are under the nuclear installation entrepreneur.
11. Financial guarantees are a guarantee granted by a nuclear installation entrepreneur in the form of insurance or other financial guarantees to replace a nuclear loss against a third party, for any nuclear accident on any nuclear installation nor any nuclear fuel transport or secondhand nuclear fuel.
12. The next Nuclear Power Supervising Board (BAPETEN) is an agency responsible for carrying out surveillance through regulations, licensing, and inspections of nuclear power-utilization activities.
Section 2
The President ' s regulation aims to provide:
a. certainty regarding the major liability limits of nuclear installation employers against nuclear losses; and
B. The guarantee of compensation to third parties in the event of a nuclear accident.
Section 3
The President ' s rules govern:
a. major liability limits of nuclear installation entrepreneurs against nuclear losses for any nuclear accident, whether occurring on nuclear installations as well as on nuclear fuel transport or secondhand nuclear fuel;
B. The mechanism of responsibility for nuclear losses; and
c. replacement of loss by government agencies.
BAB II
LARGE LIMIT AND ACCOUNTABILITY WAYS
Article 4
(1) Nuclear installation entrepreneur is responsible to third parties over nuclear losses caused by any nuclear accident occurring on any nuclear installation and/or any transit of nuclear fuel or fuel A secondhand nuclear is responsible.
(2) The liability of nuclear losses as referred to in paragraph (1) is set at most Rp.4,000.000.000.000.00 (four trillion rupiah) for any nuclear accident.
(3) The provisions of the massive liability limit of nuclear losses as referred to in paragraph (2) are listed in the Attachment that is an inseparable part of the Presidential Regulation. Here.
Section 5
(1) The responsibility of nuclear losses as referred to in Article 4 for each nuclear installation is done through an insurance mechanism or other financial guarantee.
(2) Insurance or other financial guarantees as referred to in paragraph (1) must be proven in the form of an insurance policy or other financial guarantee document.
(3) Insurance or other financial guarantees as referred to in paragraph (2) any time are required to be available during nuclear fuel and/or the former nuclear fuel becomes the responsibility of a nuclear installation entrepreneur.
(4) The original copy of the insurance policy or other financial guarantee document as referred to in paragraph (2) is mandatory at the time of filing a commissioning permit by a nuclear installation entrepreneur to the Chief of BAPETEN accompanied by a document advocates as evidence of financial guarantees for the accountability of nuclear losses.
(5) In the event of a change or extension of an insurance policy or other financial guarantee as referred to in paragraph (2), the nuclear installation entrepreneur is required to deliver an original copy of the change or extension of an insurance policy or document Other financial warranties to the Head of BAPETEN are accompanied by a most lasting document of 7 (7) working days after a nuclear installation entrepreneur receives a genuine policy of change or an extension of an insurance policy or other financial guarantee document.
(6) The responsibility of the nuclear installation entrepreneur as referred to in paragraph (3) is set further in the BAPETEN Chief Regulation.
Section 6
(1) In the event of a nuclear accident during the transport of a former nuclear fuel or nuclear fuel, the responsibility for the nuclear loss is charged to the shipping magnate of the sender nuclear.
(2) The liability of nuclear losses as referred to in paragraph (1) may be diverted by the carrier nuclear installation of a nuclear installation magnate or a transport magnate, if in writing it has been promised.
Section 7
(1) The liability of nuclear losses as referred to in Article 4 for the transport of nuclear fuel or secondhand nuclear fuel is carried through the insurance mechanism or financial guarantee Otherwise.
(2) Insurance or other financial guarantees as referred to in paragraph (1) must be proven in the form of an insurance policy or other financial guarantee document.
(3) Insurance or other financial guarantees as referred to in paragraph (2) apply since the transport of the sender ' s location until the nuclear fuel or the used nuclear fuel is declared acceptable to the recipient of a nuclear installation magnate.
(4) The original copy of the insurance policy or other financial guarantee document as referred to in paragraph (2) is required to be delivered by a nuclear installation entrepreneur, a nuclear installation entrepreneur or a transport magnate to the Chief of BAPETEN accompanied by supporting documents as proof of financial guarantee for the liability of nuclear losses at the time of submission of delivery approvals.
Section 8
(1) In the event of a nuclear accident on a nuclear installation and/or during the transport of nuclear fuel or secondhand nuclear fuel owned by government agencies that are not State-owned Enterprises, the payment of the damages to the party Third, as referred to in Section 4, is borne by the Government
(2) The funds for payment of damages to third parties as referred to in paragraph (1) are allocated by the Government in the form of contingencies.
(3) The order of repayment of damages to third parties and the allocation of contingencies of contingencies is regulated by the Regulation of the Minister of Finance.
BAB III
CLOSING PROVISIONS
Section 9
This President ' s regulation starts to apply to the date of the promulctest.
In order for everyone to know, order an invitation to the Presidential Regulation with its placement in the State Sheet of the Republic of Indonesia.
Set in Jakarta
as of August 16, 2012
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on August 24, 2012
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
AMIR SYAMSUDIN
