Act No. 20 Of 2002

Original Language Title: Undang-Undang Nomor 20 Tahun 2002

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4ebd45f2a0b0d8313231363139.html

LAW 20-2002 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 94, 2002 (Additional explanation in the State Gazette of the Republic of Indonesia Number 4226) legislation of the REPUBLIC of INDONESIA NUMBER 20 in 2002 ABOUT KETENAGALISTRIKAN by the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the power is very useful to promote the general welfare, the intellectual life of the nation, and boost the economy in order to realize a fair and prosperous societies that uneven material and spiritual based on Pancasila and the 1945 Constitution;
.,, b. that the provision of electric power needs to be conducted efficiently through competition and transparency in a healthy business climate by setting that gives equal treatment to all businessmen and provide the benefits of a fair and equitable to consumers;
.,, c. that in order fulfillment needs of national power and the creation of a healthy business competition, needs to be given the same opportunity to all businessmen to participate in efforts in the field of ketenagalistrikan;
.,, d. that provision of electric power needs to be continually memperhati-kan environmental function preservation, energy conservation and energy diversification as outlined in the national energy policy, public safety, spatial locality, and utilization of most goods and services competitive domestic production and generate added value in order to produce national ketenagalistrikan industry development;
.,, e. that there are certain areas that are at different stages of pem-bangunan and that most members of the community are at the level of an economy that has not been established so that the community's interests need to be protected;
.,, f. that the rights, obligations, and responsibilities in the provision and utilization of electric power needs to be implemented properly;
.,, g. that based on considerations as referred to in letter a, letter b, letter c, letter d, letter e, letter f, and Act No. 15 of 1985 about Ketenagalistrikan do not comply again with the development of the ketenagalistrikan so that the need to establish laws on the new Ketenagalistrikan;
.,, Remember: article 5 paragraph (1), article 20 paragraph (1), article 27 paragraph (2), and article 33 of the Constitution of 1945 as amended by the fourth Change the Constitution of 1945.
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: the law on KETENAGALISTRIKAN.

CHAPTER I GENERAL PROVISIONS article 1 In this law is the:.,, 1. Ketenagalistrikan is everything that concerns the provision and utilization of electric power as well as supporting efforts of electric power.
., ,2. Electricity is a secondary form of energy generated, transmitted, and distributed for all sorts of purposes, not including the electricity used for communications, electronics, or gestures.
., ,3. Electric power supply is supplying electric power starting from the generation point up to the point of usage.
., ,4. The utilization of electric power is the use of electric power starting from the point of usage.
., ,5. A consumer is any person or entity who purchased electric power from the holder of the business license of supplying electric power to be used as the final utilization and not to be traded.
., ,6. Power system is a series of installations of electric power generation, transmission, and distribution that operated simultaneously in the framework of the provision of electric power. 7. Electric Power Generation is the activity of producing electric power.
., ,8. Electric power transmission was channelling power from a source system to a generation or distribution to consumers, or distribution of electric power antarsistem.
., ,9. Electricity distribution is the distribution of electric power from the transmission system or of system generation to consumers.
., .10. Sale of the electric power is one of the business activities of the electric power sales to consumers.
.,, 11. Electricity Sales venture is the organizer of the business activities sale of electricity to consumers connected at low voltage.
., 12. Electricity sales agent is the organizer of the business activities of the electric power sales to consumers which is connected to the high voltage and medium voltage.
., 13. Electric power Market Manager is host of the business activities to bring together the supply and demand of electric power.
.,, 14. The operation of electric power systems is a business activity to control and coordinate antarsistem pem-generation, transmission, and distribution of electric power.
., 15. Provider of electric power is the organizer of the business activities the operation of electric power system responsible for controlling and coordinating the antarsistem generation, transmission, and distribution, as well as make the development plan of electric power systems.
.,,16. The national transmission network is a network of high-voltage transmission, extra high, and/or ultra high for supplying electricity for the public interest defined Government as the national transmission network.
., General Agreement. The General plan is a plan Ketenagalistrikan pengem-bangan electric power supply system covering the areas of generation, transmission, and distribution of electric power that is required to meet the needs of electric power in a region, antarwilayah, or nationally.
., 18. Electricity Supply business license is a permission to do business of supplying electric power to the public interest.
.,, 19. The operating permit is a permit to operate the electric power supply installations for his own interests.
.,, 06. Installation of electric power is building civil, electromechanical, machines, equipment, channels, and equipment used for the generation, conversion, transmission, distribution, and electric power was-faatan.
.,,21. Electric power is Supporting venture businesses that support the provision of electric power.
., .22. Business license Support electric power is the permission to carry out one or more business activities supporting electric power. 23. The Minister is the Minister responsible in the field of ketenagalistrikan.
., .24. The Government is the Central Government made up of the President and the Ministers which is a unitary State of the Republic of Indonesia.
., .25. The regional government is the head of the region along with other autonomous devices as the executive body of the region.
.,, 26. Electricity Market Supervisory Agency is the Government agency that has the authority and responsibility in decision-making which is independent to carry out the supervisory arrangements and the provision of electric power.
.,,27. A business entity is any legal entity which may be shaped in State-owned enterprises, owned enterprises, cooperatives or private Area, which was established in accordance with the applicable laws and regulations, running line of business are fixed and continuously, working and domiciled in the territory of the unitary State of Republic of Indonesia.
.,,28. State-owned enterprise is a business entity by the Government delegated duties solely to carry out the business of providing electric power to the public interest.
.,, 29. Owned enterprises Areas are business entities that by local governments was the task of implementing a business ketenagalistrikan.
., .30. The cooperative is a business entity that consists of a person or legal entity of cooperatives with underpinning its activities based on the principles of the cooperative movement as well as the people's economy which is based upon the principle of togetherness that the scope of its efforts in the field of ketenagalistrikan.
.,,31. The private is the legal entity founded and based on the law in Indonesia who tried in the field ketenagalistrikan.
., 32. Power users are all products or tools in its utility use electric power for the proper functioning of these products or tools.
.,, 33. Damages is the replacement of land rights over the value of the land the following premises, plants, and/or other objects related to the land as a result of the release or surrender of land rights.
., 34. Compensation is the giving some money to the holder of the rights over the land, buildings, plant and/or other objects related to the land without surrender or release done right over the land, buildings, plants, and/or other objects related to the land.
CHAPTER II the BASIS and PURPOSE of article 2 of the Organizing effort ketenagalistrikan the basic subsistence benefits, efficiency, justice, togetherness, optimization of the economical utilization of resources, sustainable, trust and rely on their own ability, safety and security, as well as the preservation of environmental functions.

Section 3.,, (1) Organizing effort aims to ensure ketenagalistrikan the availability of sufficient amounts of electric power, good quality, reasonable prices and to improve the well-being and prosperity of the people in a fair and equitable as well as encourage a sustainable economic activity.
.,, (2) to achieve the objectives referred to in subsection (1), ketenagalistrikan efforts encourage domestic Businesses to become more efficient and self-sufficient in order to be able to play a role and compete both at home and abroad.
CHAPTER III the UTILIZATION of ENERGY SOURCES for ELECTRICITY GENERATION Section 4.,, (1) Electric Power Generation utilizing seoptimal primary energy source may be either renewable or not renewable by observing the keekonomiannya contained in the territory of a unitary State of Republic Indonesia.
.,, (2) policy of the provision and utilization of energy sources for electricity generation is assigned the Government to pay attention to the aspect of safety, balance, and sustainability of environmental functions.

.,, (3) in order to ensure the availability of primary energy for electric power generation, prioritized the use of local energy sources with the obligation of giving priority to utilization of renewable energy sources.
CHAPTER IV GENERAL PLAN KETENAGALISTRIKAN article 5 (1) local government is drafting plans for General Ketenagalistrikan area.

(2) the Government establish a National Public Plan Ketenagalistrikan.
.,, (3) in drawing up the National Public Ketenagalistrikan Plan referred to in subsection (2), the Government must consider the General plans of the regional Ketenagalistrikan and opinions and input from the community.
.,, (4) the Minister establishes guidelines on the preparation of Public Ketenagalistrikan Plan referred to in subsection (1) and paragraph (2).
Section 6.,, (1) the provider of electric power systems make plans Pengem-bangan power system having regard to the General Plan of national Ketenagalistrikan as referred to in article 5 paragraph (2).
.,, (2) in the area that are not or not yet able to implement competition, a business entity that has a business area of mandatory Electric Power Supply make plans based on the General Plan of Ketenagalistrikan Region as stipulated in article 5 clause (1) and National Public Plan Ketenagalistrikan as referred to in article 5 paragraph (2).
Article 7 of the Government and the local authorities provide funds construction of means of providing electric power to help community groups cannot afford, the development means the provision of electric power in an area that has not yet been developed, the development of electric power in remote areas, and rural electricity development.

Chapter V of the first part of the KETENAGALISTRIKAN EFFORT of business article 8.,, (1) Business ketenagalistrikan Businesses consist of the provision of electric power and effort Supporting electric power.
., Business, (2) the provision of electrical power referred to in subsection (1) includes the following types of businesses:.,, a. Electric Power Generation;

b. electric power transmission;

c. distribution of electric power;

d. the sale of electric power;

e. Electricity sales agent;

f. electric power Market Manager; and g. the provider of electric power.

.,, (3) Supporting efforts of electrical power referred to in subsection (1) consists of Businesses Supporting electric power Industry and the supporting electrical power.
.,, (4) Ancillary Services Undertakings the power referred to in subsection (3) includes the following types of businesses:.,, a. consultation in the field of electric power;

b. construction and installation of electric power installations;

c. testing electric power installations;

d. operation of power installations;

e. maintenance of power installations;

f. research and development;

g. education and training; and,, h. business other services directly related to the provision of electric power.
.,, (5) Ancillary Industry electric power referred to in subsection (3) includes the following types of businesses:.,, a. electric power Equipment Industry; and b. the Industrial Power Users.

The second part of the Electricity Supply business license and permits Operations article 9.,, (1) the business activities the provision of electrical power referred to in article 8 paragraph (2) in applying competition may be executed by the Agency Business after getting the Electricity Supply business license in accordance with the type of its business of electric power Market Watchdog Agency.
.,, (2) Electricity Supply business license as referred to in paragraph (1) above are distinguished:.,, a. Electric Power Generation business license;

b. electric power Transmission business license;

c. electric power Distribution business license;

d. business license the sale of electric power;

e. business license sales agents of electric power;

f. Business License Manager electric power Market; and g. business license provider of electric power.

.,, (3) business license provision of electrical power referred to in subsection (2) may be issued after fulfilling the technical requirements and administrative requirements as well as the completeness of the other permissions.
.,, (4) the provisions concerning the terms and procedures for the application for and granting of a business license provision of electrical power referred to in subsection (1) is governed by the decision of the Chairman of the Board of Trustees of market power.
.,, (5) for electric power Generation Business, business license prior to the provision of electric power, first issued a permit to the business entity principle that has fulfilled the requirements of the administrative and technical requirements.
.,, (6) if within the time limit specified, the holder of the permit or business license principle the provision of electric power can not realize its business activities, permit or business license principle the provision of electric power in question were declared invalid.
Article 10 in terms of competition is not or can not be applied, Electricity Supply business license issued in a transparent and accountable each by:.,, a. the Regent or mayor, for the provision of electric power in their respective regions who are not connected to the national transmission network in accordance with the General plans of the Ketenagalistrikan region;
., b., the Governor, for the provision of electric power in cross county or city, as well as electrical energy means good, which is not connected to the national transmission network in accordance with the General plans of the Ketenagalistrikan region;
.,, c. the Minister, for the provision of cross-province electric power, good electrical energy or means, which is not connected to the network or national transmission electricity supply venture connected to a national transmission network in accordance with the General plans of the national Ketenagalistrikan; or., d., Minister for electricity supply ventures conducted by State-owned enterprises in accordance with the General plans of the national Ketenagalistrikan.
Section 11.,, (1) the provision of electric power for its own sake can only be done with the permission of the operation.
.,, (2) an operating Permit mentioned in paragraph (1) dikeluar-kan respectively by:.,,.,, a. Bupati/Walikota, if the installation facilities located in the County/City;
., b., Governor, if the installation facilities cover a cross-section of kabupaten/kota in one province; or c. the Minister, if the installation facilities include cross-province.

Article 12.,, (1) the holder of an operating Permit in the area that have implemented competition can sell excess electricity to the public interest after obtaining business license provision of electric power of electric power of the market Watchdog Agency.
.,, (2) the holder of an operating Permit in areas that are not or not yet applying the competition can sell excess electricity to the public interest after obtaining the consent of the officials referred to in article 10.
Article 13.,, (1) Electricity Market Supervisory Agency, Government or local government in accordance with its respective can convey a written reprimand, suspend activities, freezing the activities, or revoke the business license of supplying electrical power referred to in article 9 and article 10 or the operating Permit referred to in article 11 by:.,, a. violation of one of the terms listed in the permit;

b. the repetition of violations of the requirements of the permit; and/or c. not meeting requirements specified by law.

.,, (2) prior to carrying out the repeal provision of electric power business license or Permit the operation referred to in subsection (1), the Electricity Market Supervisory Agency, Government or local government first provide the opportunity for an extended period to Endeavour to meet the requirements specified.
Article 14 further Provisions regarding the Power Supply business license as referred to in article 9 and article 10 as well as the operating Permission as referred to in article 11 is set by government regulations.

The third part of the Business of providing electric power in the area of Competition Section 15.,, (1) the determination of the region applying competition carried out in stages and is set by government regulations.
.,, (2) the requirements for determination of the region applying competition electric power referred to in subsection (1) include the following:.,, a. electric power selling price levels have reached keekonomiannya;

b. competition primary energy supply;

c. Supervisory Body has been set up electric power Market;

d. readiness rules required in the application of the competition;., e. preparedness infrastructure, hardware and software of power system; f. conditions of a system that allows for doing the competition;

g. equality of the business entity that will compete; and,, h. other requirements stipulated by a decision of the Chairman of the Board of Trustees of market power.
Article 16 Effort Electric Power Supply as referred to in article 8 paragraph (2) is performed separately by a different business entity.

Article 17.,, (1) Electric Power Generation Business as referred to in article 8 paragraph (2) letter a is done based on the competition.
.,, (2) a business entity in the field of electric power generation in one area of competition barred master market based on this law.
.,, (3) Prohibition of market domination as referred to in paragraph (2) covers all actions that can lead to the occurrence of monopoly and competition of unhealthy businesses among others include:.,, a. ownership;.,, b. controlled much of the electricity generation installed capacity in one area of competition;
.,, c. controlled much of the power generation capacity in peak load position; d. creating a barrier to entry market for other business entities;

e. limiting the production of electric power in order to affect the market;

f. practise discrimination;

g. do sell loss with the intention of getting rid of the business rivals;

h. conduct a fraud attempt; and/or i do a collaboration with another party.


.,, (4) further Provisions regarding the prohibition of market domination as referred to in subsection (3) is set by government regulations.
Article 18.,, (1) electric power Transmission Venture as referred to in article 8 paragraph (2) letter b not be competed.
.,, (2) electricity Transmission Venture connected to a national Transmission Networks are open and provide equal treatment against electric power Generation Business.
.,, (3) electric power Transmission Business was carried out with memberi-kan the first opportunity to state-owned enterprises.
.,, (4) Electric power transmission business entity is obligated to meet the new network kebutuh-an in accordance with the development plan of the electric power system.
.,, (5) the Electricity Market Supervisory Agency set the bounds of the venture for business entity electric power transmission.
Section 19.,, (1) electric power Distribution Undertakings referred to in article 8 paragraph (2) Letter c not be competed.
.,, (2) electric power Distribution Businesses are open and provide equal treatment to Electricity Sales Business and sales agent of electric power.
.,, (3) electric power Distribution Effort was carried out with memberi-kan the first opportunity to state-owned enterprises.
.,, (4) electric power Distribution business entity is obligated to meet the needs of the new network in accordance with the development plan of the electric power system.
.,, (5) the Electricity Market Supervisory Agency set the bounds of the venture business entity electric power Distribution.
Article 20.,, (1) Electricity Sales Venture as referred to in article 8 paragraph (2) letter d selling electricity to consumers connected at low voltage network in certain business areas.
.,, (2) area of business to Business Sales Electricity as any referred to in subsection (1) are defined by the market Watchdog Agency for electric power.
.,, (3) Electricity Sales Venture can purchase electricity from electricity market and/or bilaterally from other generators.
.,, (4) the provisions on the purchase of electrical power referred to in subsection (3) is set with the decision of the Chairman of the Board of Trustees of market power.
Clause 21.,, (1) Electricity sales agents as referred to in article 8 paragraph (2) letter e do the Ministry of electric power sales to consumers which is connected to the high voltage and medium voltage.
.,, (2) with the express permission of Electricity Market Supervisory Agency, electric power sales agents can conduct electricity sales to consumers that are connected at low voltage.
.,, (3) electric power Sales to consumers by Electricity sales agent referred to in subsection (1) and paragraph (2) is performed based on the competition.
.,, (4) Electricity sales agent buy electricity from electricity market and/or bilaterally from other power plants.
Section 22.,, (1) the provider of electric power Market as referred to in article 8 paragraph (2) letter f is implemented by a business entity that is accountable and independence in providing electric power market management services to business entities that Transact through the electric power transmission network.
.,, (2) the provider of electric power Market is financed jointly by business entities that Transact in the electric power market.
.,, (3) further Provisions regarding the financing as referred to in subsection (2) subject to the decision of the Chairman of the Board of Trustees of market power.
Article 23.,, (1) electric power Market Manager serves to bring together the supply and demand of electric power in accordance with the rules of the market that drives efficiency, keekonomian as well as healthy competition climate.
.,, (2) the provisions concerning the rules of the market as referred to in subsection (1) is governed by the decision of the Chairman of the Board of Trustees of the market Power and are not contrary to legislation in force. (3) electric power Market Manager in charge:.,,.,, a. do the coordination with the electric power System in electric power distribution;
.,, b. validating the market price of power and magnitude of electric power transmitted;
.,, c. provide information transaction results to all transactors electric power market; d. complete all electricity market transactions;., e. completing antarpelaku market disputes that arise in the process of electric power transactions;
.,, f. reporting transactions of sellers and buyers to Market electric power Supervisory Agency; and, g.., perform other tasks relating to the management of the electric power market are determined by the Market Watchdog Agency for electric power.
Pasal 24.,, (1) the provider of electrical power referred to in article 8 paragraph (2) Letter g implemented by the business entity that is accountable and independence in providing service to the power system operating business entities that Transact through the electric power transmission network.
.,, (2) the provider of electric power is financed jointly by business entities that Transact in the electric power market.
.,, (3) further Provisions regarding the financing as referred to in subsection (2) subject to the decision of the Chairman of the Board of Trustees of market power.
Article 25.,, (1) the provider of electrical power serves to manage the operation of electric power systems to obtain a system that is reliable, secure, and quality in accordance with the rules of the electric power transmission network.
.,, (2) the provisions concerning the rules of the electric power transmission network as referred to in paragraph (1) established by decision of the Chairman of the Board of Trustees of market power. (3) the provider of Electricity in charge:.,, a. making plans the development of electric power systems;.,, b. maintain the level of security, quality, and reliability of electric power systems in accordance with the applicable standards;
.,, c. load forecasts and plans to make the imposition of power plants based on information of electric power Market Manager;
.,, d. coordinate the maintenance plan of the plant and the electric power transmission network; e. gave orders to plant operation and transmission of electric power;., f., provide information to the electric power Market Manager for the completion of the buying and selling of electric power; g. guarantee the supply of electricity; and, h.., perform other tasks relating to the management of the electric power system is defined by the decision of the Chairman of the Board of Trustees of market power.
Chapter 26-ownership business entity electric power Market Manager and Business Manager power system referred to in article 8 paragraph (2) subject to the decision of the Chairman of the Board of Trustees of market power.

Article 27 requirements and procedures for procurement and recruitment provider of the electric power Market and Power System set by the decision of the Chairman of the Board of Trustees of market power.

Article 28.,, (1) in terms of the electric power transmission business activities referred to in article 8 paragraph (2) letter b, electric power Market Manager as mentioned in article 8 paragraph (2) letter f, and provider of electrical power referred to in article 8 paragraph (2) the letter g is not yet ready to be separated, the three business activities can be conducted simultaneously in a single business entity with separate functions and roles, and implemented by the State-owned enterprises.
.,, (2) in terms of business activities of the electric power Market Manager as mentioned in article 8 paragraph (2) letter f and provider of electrical power referred to in article 8 paragraph (2) the letter g is not yet ready to be separated, the two business activities can be conducted simultaneously in a single business entity with separate functions and roles, and implemented by the State-owned enterprises.
.,, (3) the provisions concerning the merger and separation as referred to in paragraph (1) and paragraph (2) subject to the decision of the Chairman of the Board of Trustees of market power.
Article 29.,, (1) the holder of the business license of supplying electric power are prohibited from conducting merger in a network of terinterkoneksi in the region be competed that can lead to the occurrence of market domination and unhealthy business competition.
.,, (2) merger in the area dikompetisi-kan that drive efficiency, but not disturb the kom-petitions, can be done with the consent of the Supervisory Body of the electric power Market.
The fourth part of the Business of providing electric power in the territory which are not or not yet Applying the competition article 30.,, (1) in the region that are not or not yet able to apply certain conditions because of the competition, the business of providing electric power referred to in article 8 paragraph (2) may be made in integrated.
.,, (2) the business activities the provision of electrical power referred to in subsection (1) is conducted by State-owned enterprises, Regional-owned enterprises, cooperatives, private, or NGOs set out by the Government.
.,, (3) and consideration of the development of a more efficient ketenagalistrikan system, the business activities the provision of electrical power referred to in subsection (1) is carried out by giving the first opportunity to state-owned enterprises.
.,, (4) State-owned enterprises, Regional-owned enterprises, cooperatives, private, or NGOs referred to in subsection (2) is required to meet the needs of electric power in the territory.
.,, (5) in case of State-owned enterprises, Regional-owned enterprises, cooperatives, private, or NGOs referred to in subsection (4) not be able to meet the needs of electric power, then local governments or Government obligation to pay it.
Part five Electricity Supporting Venture article 31

.,, (1) the business activities Supporting electric power referred to in article 8 paragraph (3) may be exercised by the Agency Business after getting a business license Support electric power from local governments.
.,, (2) the provisions concerning the Power of supporting Business as any referred to in article 8 paragraph (3) and the provisions on Electricity Supporting business license is further regulated by government regulations.
.,, (3) for those types of Businesses Supporting the power referred to in article 8 paragraph (3) relating to construction services individually regulated in legislation in the field of construction services.
CHAPTER VI RIGHTS and OBLIGATIONS of the HOLDER of the BUSINESS LICENSE of SUPPLYING ELECTRIC POWER and ELECTRIC POWER CONSUMERS are the first part of the rights and obligations of the holder of the Electricity Supply business license Article 32.,, (1) To the public interest, the holder of the business license of supplying electric power in conducting business the provision of electrical power referred to in article 8 paragraph (2) letter a, letter b, letter c, and were given the authority to :.,, a. cross rivers or lakes either above or below the surface;

b. cross seas either above or below the surface; and c. cross public roads and railway.

.,, (2) all the contrary and having regard to the applicable legislation, to kepen-tingan general business license provision of electric power is also given the authority to:.,,.,, a. enter into public areas or individuals and is using him for a while; b. use land, passing above or below the ground;., c. cross above or below the buildings are constructed above or below ground; and d. cut and/or cutting any plants that deter him.

.,, (3) in carrying out the activities referred to in paragraph (2), the holder of the business license of supplying electric power must get prior approval from the party that has the right to land, buildings, and/or the plant.
Article 33 the holder Power Supply business license mandatory:.,, a. provide the electric power that meets the standards of quality and reliability;
.,, b. provide the best service to the community and pay attention to consumer rights according to applicable regulations in the field of consumer protection; and c. pay attention to the safety of ketenagalistrikan.

The second part of the rights and obligations of the consumer Power of article 34 (1) electric power Consumers have the right to:.,, a. got good services;.,, b. got a continuous electric power quality and reliability is good; c. acquire power at a reasonable price;

d. got service for repair when there is disturbance of electric power; and, e.., got the indemnification in the event of a blackout caused errors and/or omissions to the operation by the holder of the business license of supplying electrical power in accordance the terms of which are set in the power purchase agreement. (2) Consumer power has an obligation:.,,.,, a. implementing safeguards against dangers that may arise due to the utilization of electric power; b. maintain the security of the installation ketenagalistrikan;

c. utilize electricity according with allocation; and, d.., pay a subscription or the price of electric power in accordance with or agreement.
.,, (3) Consumers of electric power be held liable if due negligence results in harm to the holder of the business license of supplying electric power.
.,, (4) Consumer power is obliged to comply with the technical requirements in the field of ketenagalistrikan.
CHAPTER VII LAND USE by the HOLDERS of POWER SUPPLY BUSINESS LICENSE Article 35.,, (1) To the public interest, the party that has the right to land, buildings, and plants allow the holder of the business license of supplying electric power carry out those powers referred to in Section 32 subsection (2), by obtaining land rights damages or compensation.
.,, (2) land rights damages referred to in subsection (1) is for the land to be used directly by the holder of the business license of supplying electric power, and for buildings and plants on the land in question.
.,, (3) the compensation referred to in subsection (1) is given as a result of decreased economic value of land, buildings and plant is crossed by electric power transmission.
.,, (4) the provisions concerning the calculation of the compensation is further referred to in subsection (3) is set by government regulations.
.,, (5) if the land use Permit holder's Business of providing electric power there are parts of the land possessed by the holder of rights to the land or the wearer State land, before starting the activity, the holder of the business license of supplying electric power is obligated to resolve the issue of the appropriate legislation in the field of land.
.,, (6) in terms of land use Permit holder's Business of providing electric power there are customary land and similar customary law society of all reality is still there, the settlement is carried out by the holder of the business license of supplying power to the community's customary law in question appropriate legislation in the areas of land having regard to the provisions of the local law.
Article 36 the obligation to pay damages or compensation for land rights as stipulated in article 35 paragraph (1) does not apply to those who deliberately set up the buildings, planting crops and others on the ground that already has a site license for the provision of electric power and has been awarded damages or compensation.

Article 37.,, (1) designation, ordinances, and the payment of damages or compensation land rights as stipulated in article 35 was done in accordance with the provisions of the applicable legislation.
.,, (2) replace the losses of land rights or compensation as referred to in article 35 charged to the holder of the business license of supplying electric power.
CHAPTER VIII ELECTRIC POWER SELLING PRICE Article 38.,, (1) selling price of Electricity in the power generation side and selling price of electricity for consumers of the high voltage and medium voltage consumers based on a reasonable and healthy competition as well as overseen by the market Watchdog Agency for electric power.
.,, (2) the selling price of electricity for low voltage consumers are governed by the Market Watchdog Agency for electric power.
.,, (3) in the event that a new competition be applied to power plants, electric power selling price to consumers is governed by the Market Watchdog Agency for electric power.
Article 39.,, (1) the costing of providing facilities for maintaining the quality and reliability of the Electricity Market Supervisory Agency conducted power is based on a contract between the provider of Electric power system with electric power Generation business entities and business entity electric power transmission.
.,, (2) electric power Market Manager paid the fee referred to in subsection (1) to the business entity of electric power Generation and Transmission of electric power a business entity in question through the provider of electric power.
.,, (3) further Provisions on the mechanism and magnitude of payments referred to in subsection (1) and paragraph (2) is set by government regulations.
Article 40 determination of the transmission chain rental prices and rents power distribution network is done by the market Watchdog Agency for electric power.

Article 41 in the event the competition is not or can not be applied as referred to in article 30, paragraph (1) the selling price of electricity for consumers is regulated by Government or local government.

Article 42 electric power selling price referred to in Article 38 and article 41, the cost of the provision of the facilities referred to in Article 39, and the transmission network rental rates and the price of electric power distribution network rent as stipulated in article 40 stated in Rupiah currency.

Article 43 in regulating electric power selling price referred to in Article 38 paragraph (2) and paragraph (3) and Article 41, the Government, local government or Electricity Market Supervisory Agency is obligated to pay attention to the following matters: a. the national interest;

b. the interests of consumers;

c. norms of the industry and commerce that are healthy;

d. the cost of production;

e. working efficiency;

f. the scarcity and the special properties of the primary energy sources used;

g. business scale and interconnection systems used;

h. costs of preservation of environmental functions;

i. the ability of the community; and j. the quality and reliability of electricity supply.

Article 44 the provisions concerning electric power selling price referred to in Article 38 and article 41 as well as price rentals as stipulated in article 40 further regulated by government regulations.

Article 45 the provisions regarding the sale and purchase of electric power between countries is regulated more by government regulations.

CHAPTER IX, Article 46 STATE ACCEPTANCE.,, (1) the acceptance of the countries in the sector of ketenagalistrikan comes from acceptance of taxation and State Acceptance instead of taxes.
.,, (2) Acceptance of the State instead of the Tax referred to in subsection (1) is a collection of the means of transmission and distribution of electric power facility charges.
.,, (3) the levy referred to in subsection (2) is used for the development of a network of transmission and distribution of electric power in the region that are not yet developed.
.,, (4) the procedures, determination of magnitudes, imposition, collection, usage and Acceptance of the State instead of the Tax referred to in subsection (2) and paragraph (3) are governed further by a government regulation.
CHAPTER X of the ENVIRONMENTAL and SAFETY KETENAGALISTRIKAN Article 47 Any business activities of ketenagalistrikan mandatory comply with the stipulated in the legislation in the field of the environment.

Article 48.,, (1) any business activities meet the mandatory provisions on ketenagalistrikan safety ketenagalistrikan.

.,, (2) the provisions concerning the safety of ketenagalistrikan as mentioned in subsection (1) include standardization, electricity installation security and safeguarding users the power to realize reliable and safe conditions for installation and secure conditions of danger to humans as well as the condition of the familiar environment.
.,, (3) every electricity installation would be eligible to operate a mandatory certificate operations.
.,, (4) every electricity users will be required to have the commercial use of the sign of salvation.
.,, (5) any power techniques in business ketenagalistrikan required to have a certificate of competence.
.,, (6) the provisions concerning the safety of ketenagalistrikan, the certificate be eligible operations, safety, and sign the certificate of competency referred to in subsection (2), subsection (3), subsection (4), and subsection (5) is set by government regulations.
CHAPTER XI the UTILIZATION of ELECTRIC POWER NETWORK for the BENEFIT of ANOTHER Article 49.,, (1) electric power Network can be utilized for the benefit of outside distribution of electric power.
.,, (2) the utilization of electric power network as referred to in paragraph (1) can only be done with the permission of the owner of the network.
.,, (3) the provisions concerning licensing referred to in subsection (2) are governed further by a Minister.
CHAPTER XII COACHING and SUPERVISION article 50, a, (1) the Government, local governments and electric power Market Watchdog Agency doing coaching and public scrutiny against correspond with its ketenagalistrikan effort of each.
.,, (2) the construction and supervision of the public referred to in paragraph (1) mainly include:.,, a. safety on the overall power supply system;

b. business development;., c. optimization utilization of local energy sources, including renewable energy utilization; d. aspects of environmental consent;., e. utilization of process technology that is clean, environmentally friendly and berefisiensi high on electric power generation;
.,, f. utilization of goods and services in the country, including engineering and power engineering competencies; g. reliability and adequacy of the provision of electric power; and h. the achievement of standardization in the field of ketenagalistrikan.

.,, (3) the procedures for the construction and supervision of the public referred to in paragraph (1) and paragraph (2) is set by government regulations.
CHAPTER XIII the MARKET WATCHDOG AGENCY POWER Article 51.,, (1) to regulate and oversee this competition in the provision of electrical power, formed a body called the electric power Market Watchdog Agency.
.,, (2) Electricity Market Supervisory Agency referred to in subsection (1) serve to organize and supervise the business of providing electric power in the territory that have implemented the competition.
Article 52 to carry out the functions referred to in Article 51, the market Watchdog Agency in charge of electric power and authorities:.,, a. outlining and implementing General policy of the Government in the business of providing electric power settings; b. prevent unhealthy business competition;., c. set the selling price of electricity on the Electricity Sales Venture as referred to in article 38 paragraph (2), the costs of providing facilities for maintaining the quality and reliability of the power system as stipulated in article 39, and rental rates of transmission and distribution of electric power rates as nowhere referred to in article 40;
., d., monitor and oversee the implementation of the provisions on the levy of the means of transmission and distribution of electric power means the levy referred to in Article 46 paragraph (2) and paragraph (3);
.,, e. supervise the selling price of electric power on the side of the dikompetisi-kan on Generation and Electricity sales agents as stipulated in article 38 paragraph (1);
., f., organize and supervise the Effort electric power Market Manager and Business Manager power system;
.,, g. set the bounds of Distribution of electric power and electric power sales efforts;
.,, h. published Electricity Supply business license for each type of business the provision of electrical power referred to in article 8 paragraph (2);
.,, i. ensure that the provisions of the legislation and the provisions of the permit followed by holders of Electricity Supply business license;
.,, j. doing hearings by the public and set rules consumer complaint handling.
., k., facilitate the resolution of disputes arising in the competition and service;
.,, b. apply administrative sanctions to business license holder of electric power Supply for infringement of the provisions of the regulations and licensing; and d. ensure the supply of electric power.

Article 53 For areas that are not or not yet able to implement competition, function settings as stipulated in article 51 is exercised by the Government or local authorities accordingly its.

Article 54 Electricity Market Supervisory Agency decisions are accountable and impartially and transparently explain every consideration in making his decision.

Article 55 (1) of the Electricity Market Supervisory Agency is responsible to the President.
.,, (2) the members of the Supervisory Body of the electric power Market at least consists of 5 (five) and most people consists of 11 (eleven) persons.
.,, (3) the Chairman is elected from and by the members of the Supervisory Body of the electric power Market, which doubles as a member.
.,, (4) a member of the electric power Market Watchdog Agency appointed by the President upon the approval of representatives of the Republic of Indonesia.
.,, (5) the term of the members of the Supervisory Body of the electric power Market is 5 (five) years and can be reappointed a maximum of 1 (one) next term.
.,, (6) If for the expiration of the term of Office will be a vacancy in the membership of the Supervisory Power of the market, then the term of a member can be extended until the appointment of new members.
Article 56 further Provisions about the Organization, the work, task description, membership, code of ethics, and the market Watchdog Agency payroll system the power is regulated with a government regulation.

Article 57 budget for implementation of electric power Market Watchdog Agency retrieved from: a. Budget revenues and Expenditures of the State; and, b.., other sources are allowed according to applicable legislation.
CHAPTER XIV INVESTIGATION Article 58.,, (1) in addition to the investigating police officials of the Republic of Indonesia, as well as officials of the civil servants in particular that the scope of duties and responsibilities in the field of ketenagalistrikan, was authorized as a Special Investigator as referred to in the law of criminal procedure, to conduct investigation criminal acts in the field of ketenagalistrikan.
.,, (2) civil servant Investigators as intended in paragraph (1) are authorised:.,,.,, a. checks over the truth of the reports or information concerning a criminal offence in the business activities of ketenagalistrikan;
.,, b. do the examination of persons or Entities suspected of committing criminal acts in the business activities of ketenagalistrikan;
.,, c. calling the people to be heard and examined as a witness or a suspect in a criminal act in the business activities of ketenagalistrikan;
.,, d. searched the place allegedly used to melaku-kan criminal acts in the business activities of ketenagalistrikan;
.,, e. checks and infrastructure business activities of ketenagalistrikan and stop using the equipment allegedly used to commit a criminal offence;
.,, f. seal and/or seize the tools of business activities of ketenaga-listrikan which is used to perform a criminal act as means of proof; and, g.., bring in the necessary experts in his relationship with the proceeding criminal acts in the business activities of ketenagalistrikan.
.,, (3) civil servant Investigators as intended in paragraph (1) notify the commencement of the criminal investigation Police to officials of the Republic of Indonesia in accordance with the provisions of the applicable legislation.
.,, (4) the exercise of the powers referred to in subsection (2) is conducted in accordance with the provisions of the applicable legislation.
CHAPTER XV-CRIMINAL PROVISIONS Article 59.,, (1) any person who gives false testimony, false information, or withholding information related to business ketenaga-listrikan to the detriment of the public interest are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp 500,000,000.00 (five hundred million rupiah).
.,, (2) any person who contravenes the principle of healthy competition, in particular in conducting a conspiracy attempt to gain privileges or muster the strength of monopoly as referred to in article 29 and article 52 of the letter b, are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 1,000,000,000 (one billion dollars).
Article 60.,, (1) any person who uses electricity instead of their rights with a view to make the fight against the law, are convicted for committing theft with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
.,, (2) any person because of the negligence resulted in the destruction of electric power installations belonging to the holder of the business license of supplying electrical power so that it affects the continuity of the provision of electric power are convicted with imprisonment of not longer than three (3) years and a maximum fine of Rp RP 100,000,000 (one hundred million rupiah).
.,, (3) if the omission referred to in subsection (2) resulted in power outages so detrimental to society are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
Article 61

.,, (1) any person who is doing business the provision of electric power without Electricity Supply business license as referred to in article 9 paragraph (1) and article 10, are convicted with imprisonment of not longer than 6 (six) years and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
.,, (2) any person doing business the provision of electric power without the permission of the operations referred to in article 11, are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 50,000,000 (fifty million rupiah).
.,, (3) any person who is doing business the provision of electric power not fulfill obligations towards the right to land, buildings, and plants as referred to in article 35 are convicted with imprisonment of not longer than 1 (one) year and a maximum fine of Rp RP 100,000,000 (one hundred million rupiah).
.,, (4) in addition to the criminal proceedings referred to in subsection (3) may be subject to additional sanctions be revocation of Power Supply business license or Permit its operation.
Article 62.,, (1) any person whose negligence resulted in the death of a person due to electric power, are convicted with imprisonment not more than 5 (five) years and a maximum fine of Rp RP 100,000,000 (one hundred million rupiah).
.,, (2) if the omission referred to in subsection (1) is carried out by the holder of the business license of supplying electrical power and Operating Permit holders, are convicted with imprisonment of not longer than 7 (seven) years and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).
.,, (3) in addition to the criminal as mentioned in subsection (2), the holder of the business license of supplying electrical power and Operating Permit holders are also required to pay compensation.
.,, (4) the designation, ordinances, and the payment of damages referred to in subsection (3) the following provisions of the applicable legislation.
Article 63 Each person doing business activities supporting electric power without consent as stipulated in article 31 paragraph (1) is liable to a criminal confinement of not longer than 6 (six) months and a maximum fine of Rp RP 50,000,000 (fifty million rupiah).

Article 64 Every people who produce, distribute, or buy & sell electricity users who have no sign of salvation as stipulated in article 48 paragraph (4) are convicted by criminal confinement of not longer than 1 (one) year and a maximum fine of Rp RP 500.000.000,-(five hundred million rupiah).

Article 65.,, (1) in case of the criminal offence referred to in this chapter are performed by a business entity, applies to criminal business entity and or its administrator.
.,, (2) in the event of criminal acts committed by the criminal business entity, which dropped to a business entity in the form of criminal fines, provided the highest criminal fine plus a third.
Article 66.,, (1) any act referred to in Article 59, article 60 Article 61 Article 62, and is a crime.
.,, (2) the Act referred to in Article 63 and article 64 is a violation.
CHAPTER XVI TRANSITIONAL PROVISIONS Article 67 at the time this Act applies:.,, a. for a period of not longer than 1 (one) year established Supervisory Power Market; and, b.., within a period of not longer than 5 (five) years there have been areas that implemented limited competition in generation side.
Article 68 at the time of this Act applies, against holders of Power Business Ketenagalistrikan (PKUK) as stipulated in Act No. 15 of 1985 regarding Ketenagalistrikan are assumed to have a vertically integrated permission which includes generation, transmission, distribution, and sale of electric power with fixed duties and responsibilities the provision of electricity for public interest up to dikeluar-fuck it up Electricity Supply business license under this Act.

Article 69 at the time this Act applies:.,, a. implementation of regulations in the field of ketenagalistrikan which was issued remains valid, as long as not contrary to this Act or has not been replaced or modified on the basis of this Act;
.,, b. business license Ketenagalistrikan for the common good that has been issued on the basis of Act No. 15 of 1985 regarding Ketenagalistrikan remains valid until it expires unless at the locality that has been defined as applying competition, business license Ketenagalistrikan for the public interest was renewed into Electricity Supply business license in accordance with its business field;
.,, c. business license Ketenagalistrikan for the benefit of its own that has been issued on the basis of Act No. 15 of 1985 regarding Ketenagalistrikan remains valid until it expires; and, d. electric power Supporting business license issued by law number 15 of 1985 regarding Ketenagalistrikan remains valid until it expires.
CHAPTER XVII the CLOSING PROVISIONS article 70 at startup the enactment of this Act, Act No. 15 of 1985 regarding Ketenagalistrikan (State Gazette of the Republic of Indonesia Number 74 in 1985, additional State Gazette Number 3317), otherwise do not apply.

Article 71 of this Act comes into force on the date of promulgation.

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

.,, Enacted in Jakarta on 23 September 2002, the PRESIDENT of the REPUBLIC of INDONESIA, MEGAWATI SUKARNOPUTRI Enacted in Jakarta on 23 September 2002, the SECRETARY of STATE of the REPUBLIC of INDONESIA, BAMBANG KESOWO