Presidential Regulation Number 74 In 2012

Original Language Title: Peraturan Presiden Nomor 74 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f51aa4930a3b0313232303238.html

ps74-2011 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 165, 2012 PRESIDENTIAL REGULATION of REPUBLIC of INDONESIA NUMBER 74 in 2012 ABOUT ACCOUNTABILITY for NUCLEAR HARM with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 34 paragraph (2) and article 37 paragraph (2) of Act No. 10 of 1997 of Ketenaganukliran as well as of article 1 the Government Regulation Number 46 in 2009 about the limits of liability Losses of nuclear , need to set Rules about Presidential accountability for Nuclear Harm;
Remember: 1. Article 4 paragraph (1) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 10 of 1997 of Ketenaganukliran (State Gazette of the Republic of Indonesia Number 23 in 1997, an additional State Gazette Number 3676);
3. Government Regulation Number 43 in 2006 about Licensing of nuclear reactors (State Gazette of the Republic of Indonesia Number 106 in 2006, an additional State Gazette Number 4668);
4. Government Regulation Number 46 in 2009 about the limits of liability Losses of nuclear (State Gazette of the Republic of Indonesia Number 91 in 2009, an additional State Gazette Number 5021);
Decide: define: PRESIDENTIAL REGULATION of LIABILITY LOSSES.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation of the President, is: 1. Nuclear Installations are: a. nuclear reactors;
b. facility used for purification, conversion, enrichment of nuclear materials, nuclear fuel fabrication and/or repeated processing of used nuclear fuel; and/or c. facility used to store spent nuclear fuel and nuclear fuel used.
2. a power Reactor is a nuclear reactor in the form of nuclear power plants that utilize the heat energy for power generation both for commercial as well as noncommercial interests.
3. nondaya Reactor is a nuclear reactor that makes use of neutrons for research purposes or manufacture isotopes for either non-commercial or commercial interests.
4. Transport of nuclear fuels or nuclear fuel of the former is the transfer of nuclear fuel or a used nuclear fuel from one place to another through a network of public traffic, using means of transport by land, water, and air.
5. Nuclear Accident is any occurrence or series of occurrences which inflict losses of nuclear.
6. nuclear Loss is any damage which can be either a death, disability, injury, or illness, property damage, pollution and environmental damage caused by radiation or radiation combined with the nature of the poison, explosive properties, or properties of other hazards as a result of inquiries nuclear fuel in nuclear installation or during transport, including the losses as a result of preventive action and damage as a result or action for the recovery of the environment.
7. nuclear installations Entrepreneurs is an individual person or legal entity responsible for the operation of a nuclear installation.
8. nuclear installations Entrepreneurs sender is a nuclear installation entrepreneurs do the preparation and delivery of nuclear fuel or nuclear fuel used.
9. nuclear installation receiver Businesspeople are entrepreneurs nuclear installation which receives spent nuclear fuel or a used nuclear fuel from the sender.
10. A third party is a person or entity that suffered losses, not including the nuclear entrepreneur nuclear installations and nuclear installations workers according to the organizational structure under the nuclear installations of the entrepreneur.
11. Financial Guarantees are guarantees given by the nuclear installations entrepreneurs in the form of insurance or other financial guarantees to compensate for the loss of nuclear against third parties, for any nuclear accident at any nuclear installation or any transport of nuclear fuels or nuclear fuel used.
12. the nuclear energy Supervisory hereafter BAPETEN is in charge of carrying out the surveillance of the Agency through the regulation, licensing, and inspection of all activities of the utilization of nuclear power.
Article 2 this Regulation of the President aims to provide: a. certainty regarding the boundaries of major nuclear installations against employers liability losses nuclear; and b. the collateral damages to a third party in the event of a nuclear accident.

Article 3 of this Regulation of the President governs: a. large limits of liability of employers against loss of nuclear nuclear installation for any nuclear accident, whether that occurs in nuclear installations and transport of nuclear fuels or nuclear fuel the former; b. mechanisms of accountability for nuclear harm; and c. reimbursement of losses by the Government agencies.

CHAPTER II of the ORDINANCE LIMITS and LARGE LIABILITY article 4 (1) of nuclear installations mandatory Employers liable to third parties for any damage caused by any of the nuclear accident which occurred in any nuclear installation and/or any nuclear transport of nuclear fuels or nuclear fuel the former which becomes his responsibility.
(2) nuclear loss Liability referred to in subsection (1) are set at most Rp. RP 4.000.000.000.000 (four trillion dollars) for any nuclear accident.
(3) the provisions concerning large nuclear loss liability limit as referred to in paragraph (2) are listed in the annex which is part an integral part of this Regulation of the President.
Article 5 (1) nuclear loss Liability as referred to in article 4 for any nuclear installations are done through the mechanism of insurance or other financial guarantees.
(2) the insurance or other financial guarantee referred to in paragraph (1) should be evidenced in the form of an insurance policy or other financial guarantee documents.
(3) the insurance or other financial guarantee referred to in paragraph (2) was mandatory at any time available for nuclear fuel and/or a used nuclear fuel is the responsibility of employers to nuclear installations.
(4) the original copy of the insurance policy or other financial guarantee document referred to in subsection (2) is required at the time of the filing of the petition submitted permit commissioning of nuclear installations by the employers to the head of BAPETEN accompanied by supporting documents as proof of financial assurance for nuclear liability losses.
(5) in the event there is a change or extension of the insurance policy or other financial guarantee referred to in paragraph (2), mandatory installation of nuclear entrepreneurs delivered a copy of the original amendment or extension of an insurance policy or other financial guarantee document to the head of BAPETEN accompanied by supporting documents most 7 (seven) working days after the nuclear installation entrepreneurs receive a genuine policy change or extension of the insurance policy or other financial guarantee documents.
(6) the responsibility of employers to nuclear installations as referred to in paragraph (3) is set further in a regulation the head of BAPETEN.
Article 6 (1) in the event of a nuclear accident during transport of nuclear fuels or nuclear fuel, nuclear liability for losses charged to employers the nuclear installations of the sender.
(2) nuclear loss Liability referred to in subsection (1) may be transferred by the employers of the nuclear installations of the sender to the recipient or nuclear installations entrepreneurs entrepreneurs carriage, if in writing have been exchanged.
Article 7 (1) nuclear loss Liability as referred to in article 4 for the transport of nuclear fuels or nuclear fuel the former is done through the mechanism of insurance or other financial guarantees.
(2) the insurance or other financial guarantee referred to in paragraph (1) should be evidenced in the form of an insurance policy or other financial guarantee documents.
(3) the insurance or other financial guarantee mentioned in subsection (2) applies since the transport from the sender up to nuclear fuel or nuclear fuel the former declared nuclear installations entrepreneurs received by the recipient.
(4) the original copy of the insurance policy or other financial guarantee document referred to in subsection (2) is required by the nuclear installations entrepreneurs sender, recipient or nuclear installations entrepreneurs entrepreneurs freight to the head of BAPETEN accompanied by supporting documents as proof of financial assurance for accountability for nuclear harm at the time of the filing of the consent of the delivery.
Article 8 (1) in the event of nuclear accidents at nuclear installations and/or during the transport of nuclear fuels or nuclear fuel the former owned by government agencies that are not state-owned enterprises, the payment of compensation to third parties as referred to in article 4 are covered by the Government.
(2) the funds for the payment of compensation to third parties as referred to in paragraph (1) allocated by the Government in the form of contingency funds.
(3) the procedures for the payment of compensation to third parties and expenditure contingencies set with regulation of the Minister of finance.
CHAPTER III the CLOSING PROVISIONS article 9 Regulations this President comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of regulations this President with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on 16 August 2012 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on 24 August 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();