SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 94, 2002 | (Explanation in Additional State Sheet of Indonesia Number 4226) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 20 YEAR 2002
ABOUT
POPULARITY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that electric power is very beneficial for the advancement of general welfare, delecturing the life of the nation, and increasing the economy in order to realize the equitable and prosperous society that is evenly distributed and spirituable based on Pancasila and The Basic Law of 1945;
., b. that the provision of electricity needs to be organized efficiently through competition and transparency in the climate of healthy businesses with the arrangements that give the same treatment to all the perpetrators of the effort and provide fair benefits and equal to consumers;
., c. that in order to fulfill the needs of the national electric power and the creation of a healthy enterprise competition, it needs to be given the same opportunity to all the perpetrators of the effort to take part in an effort in the field of composure;
., d. that the provision of electricity needs to be constantly concerned-the sustainability of environmental functions, energy conservation and diversification of energy as outlined in the national energy policy, public safety, regional layout, and utilization. The greater number of domestic production goods and services are competitive and generates added value in order to generate the national development of the national health industry;
., e. that there are certain areas that are at different stages of the building and that some members of the public are at an unestablished level of economy so that the interests of such societies need to be protected;
., f. that the right, duty, and responsibility in the provision and utilization of the power of power needs to be exercised well;
., g. that based on the consideration of the letter a, the letter b, the letter c, the letter d, the letter e, and the letter f, the Act No. 15 of the Year 1985 of the serenity is not compatible with the development of the popularity so it is necessary. form an Act on the new Tranquility;
.,, Given: Article 5 of the paragraph (1), Article 20 of the paragraph (1), Article 27 paragraph (2), and Article 33 of the Basic Law of 1945 as amended by the Fourth Amendment of the Basic Law of 1945.
With the approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL
DECIDED:
Establish: LEGISLATION ON COMPOSURE.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. The popularity is all that concerns the provision and utilization of electrical power and the power of power support.
., 2. Electric power is a form of secondary energy that is resurrected, transmitted, and distributed for all kinds of purposes, excluding electricity used for communication, electronics, or signals.
., 3. The provision of electricity is the procurement of electrical power from the point of resurrection to the point of use.
., 4. The use of electrical power is the use of electrical power from the point of use.
. .5. A consumer is any person or body who purchases an electric power from an Electric Power Supply's permit holder to be used as a final utilization and not to be traded.
., 6. The Electric Power System is a series of electrical power installations of the generation, transmission, and distribution operated simultaneously in order to provide electrical power.
7. Dissenters of Electric Power are the activities of producing electric power.
., 8. Electric power transmission is the conduction of electrical power from a source of generation to a system of distribution or to the consumer, or the conduction of intersystem electrical power.
., 9. The distribution of electricity is the conduction of electrical power from the transmission system or from the generation of the system to the consumer.
., 10. Sales of Electric Power is an activity of the sales of electricity to consumers.
., 11. The Electric Power Sales effort is the organizer of the activities of the sale of electric power to consumers who are connected to the low voltage.
., 12. The Electric Power Sales Agency is the organizer of the activities of the sales efforts of electric power to consumers who are connected to high voltage and medium voltage.
., 13. The Energy Power Market Manager is the organizer of the business activities to bring together an offer and demand for electric power.
., 14. Operation of the Electric Power System is an attempt to control and coordinate the power-rise, transmission, and distribution of electrical power systems.
., 15. Electric Power Systems Manager is the organizer of the operating activities of the electrical power system responsible for controlling and coordinating the generation, transmission, and distribution systems, as well as making plans. Electric power system.
., 16. The National Transmission Network is a network of high-voltage transmission, extras, and/or ultra-high voltage transmission lines to channel electric power for the general interest of the Government as a national transmission network.
., 17. The General Plan of Fame is a system of electrical power supply systems that include the area of power generation, transmission, and distribution of electricity required to meet the needs of electricity in a region. Inter-territory, or nationally.
., 18. The permit for the provision of the Electrical Power Supply is the permission to conduct an electric power supply effort for the general interest.
., 19. Operation permission is the permission to operate the installation of the provision of electric power for its own benefit.
., 20. Electric Power installations are civilian buildings, electromechanical, machinery, equipment, channels, and equipment used for the generation, conversion, transmission, distribution, and power-to-use of electrical power.
., 21. The power supply is an effort that supports the provision of electricity.
., 22. Electric Power Effort is permission to carry out one or more electric power-support activities.
23. The Minister is the Minister in charge of the field of fame.
., 24. The government is the Central Government which is composed of the President and the Ministers who are the devices of the Union of the Republic of Indonesia.
., 25. The Regional Government is the Regional Head and other Autonomous Region's device as the Regional Executive Board.
., 26. The Supervising Board of the Electric Power Market is the Government body which has the authority and responsibility in decision making independent to carry out the arrangement and supervision of the provision of electrical power.
., 27. An entity is any legal entity that may be a State-owned entity, the Regional, cooperative or private entity, established in accordance with applicable laws, running the type of business that is fixed and continuous. And again, working and standing within the territory of the Republic of Indonesia.
., 28. The State Owned Entity is the Entity Entity that the Government is under-duty solely to carry out the efforts of providing electric power for the general interest.
., 29. The Regional-owned Enterprises is an Entity ID which the Local Government is in charge of carrying out the efforts of the composure.
., 30. A cooperative is an entity that is a member of a person or a body of cooperative law, by virtue of its activities based on the principle of cooperatives as well as the economic movement of the people based on the same principle as the business of the people. The field of fame.
., 31. Private is a legal entity established and based on laws in Indonesia that seek to be in the field of composure.
., 32. Electric power sweeteners are all products or devices that are in their sweeteners using electric power to function such a product or device.
., 33. Change of land rights loss is the replacement of the value of the land following the building, plant, and/or other objects associated with the land as a result of the release or handover of the rights to the land.
., 34. Compensation is a given amount of money to holders of land, buildings, plants and/or other objects related to the land without the release or surrender of rights to the land, buildings, plants, and/or other related objects. with the ground.
BAB II
ASAS AND THE PURPOSE
Section 2
Hosting the workforce is a benefit, efficiency, justice, togetherness, economic optimisation in the utilization of resources, sustainable, trusting and relying on their own capabilities, security and safety, and Sustainability of the environment function.
Section 3
.,, (1) The event of a sobriation effort aims to guarantee the availability of a sufficient amount of electricity, good quality, and reasonable prices to improve the welfare and prosperity of the people in a fair and equitable manner. It encourages the improvement of sustainable economic activity.
., (2) To achieve the goal as contemplated in verse (1), the effort of the fame encourages the Entity of the Interior to be more efficient and self-sufficient in order to be able to participate and compete in and abroad.
BAB III
ENERGY SOURCE UTILIZATION
FOR ELECTRIC POWER GENERATION
Section 4
.,, (1) The dissenters of the electric power utilize as optimal as possible primary energy sources, both neither renewable nor renewable with regard to its economy in the territory of the Republic of Indonesia.
.,, (2) The policy of the provision and utilization of energy sources for the generation of electric power is specified by the Government by regard to aspects of security, balance, and the preservation of the functioning of the environment.
.,, (3) Guna guarantees the availability of primary energy for the generation of electric power, prioritised the use of local energy sources with the obligation to priorite the utilization of renewable energy sources.
BAB IV
THE GENERAL PLAN OF COMPOSURE
Section 5
(1) The Local Government is drafting the Regional Tranquility General Plan.
(2) The Government establishes the National Plan of Fame General Terms of National Terms.
.,, (3) In compiling the National Council of Fame General Plans as referred to in paragraph (2), the Government is obliged to consider the General Plan of Regional Peace and opinion as well as input from the public.
.,, (4) The Minister sets the guidelines on the drafting of the General Plan of the Peace as referred to in verse (1) and verse (2).
Section 6
.,, (1) The Electrical Power Systems Manager makes the Electric Power Systems Emanations Plan with regard to the National Employment General Plan as referred to in Article 5 of the paragraph (2).
.,, (2) On an area that is not or has not been able to implement the competition, the Enterprise that has a mandatory business area makes up the Power Supply Plan based on the Regional General Terms of Fame as referred to in Section 5 of the paragraph (1) and the National General Plan of Fame as referred to in Article 5 of the paragraph (2).
Section 7
The Government and the Government of Regions provide construction funding for the means of providing electricity to help the community group cannot afford, the construction of the means of providing electricity in undeveloped areas, the construction of electric power in the area. remote area, and the electrical development of the desicity.
BAB V
THE NOTORIALISTRIKAN EFFORT
The First Part
The Business Type
Section 8
.,, (1) The fame efforts are made up of the Electric Power Supply and Electric Power Allowance Efforts.
.,, (2) The undertaking of the provision of electricity power as referred to in paragraph (1) includes the type of enterprise:
., a., a. Electric Power Generation;
B. Electric Power Transmission;
C. Electric Power Distribution;
D. Electric Power Sales;
e. Electric Power Sales Agent;
f. Electric Power Market Manager; and
G. Electric Power Systems Manager.
.,, (3) The Electric Power Allowance Effort as referred to in paragraph (1) is made up of the Electric Power Allowance Services and the Electric Power Allowance Industry.
.,, (4) Electric Power Allowance Services as referred to in paragraph (3) covers the type of effort:
., a., a. consulting in the field of electrical power;
B. construction and installation of electric power installations;
c. electrical power installation testing;
D. the operation of the electrical power installation;
e. electric power installation maintenance;
f. research and development;
G. education and training; and
., h. Another service that is directly related to the provision of electricity.
.,, (5) The Electric Power Allowance Industry as referred to in paragraph (3) includes the type of effort:
., a., a. Electric Equipment Industry; and
B. Electric Power Monitoring Industry.
The Second Part
Electric Power Provisioning Efforts and
Operation permit
Section 9
.,, (1) Electrical Power Supply Activity as referred to in Section 8 of the paragraph (2) in the region implementing the competition may be implemented by the Business Agency after obtaining the Electrical Power Supply Permit in accordance with its type of business From the Board of Trustworkers.
.,, (2) The Electric Power Supply Permit as referred to in paragraph (1) is distinguished above:
., a., a. Electric Power Disobedience Efforts;
B. Electric Power Transmission Attempt Permit;
C. Electric Power Distribution Business Permit;
D. Electric Power Sales Business Permit;
e. Electric Power Sales Agent ' s Permission;
f. Electric Power Market Manager ' s permit; and
G. Power Systems Manager Permit.
.,, (3) The Electric Power Supply Permit as referred to in paragraph (2) may be issued after meeting the technical requirements and administrative requirements as well as other permissions.
., (4) The provisions of the terms and conditions of the application and the granting of the Electrical Labor Supply Permit as referred to in paragraph (1) are governed by the Decree of the Chairman of the Supervising Board of the Electric Power Market.
.,, (5) For the Electric Power Disobedience Efforts, prior to the issuance of the Electric Power Supply Permit, first issued a principle permit to the Entity that has met the administrative requirements and technical requirements.
.,, (6) If within the specified time limit, the holder of the principle permit or the Electric Power Supply Permit may not be able to realize its business activities, the principle permit or the Intended Electric Power supply permit is declared to be unapplicable Again.
Section 10
In the event of competition no or unworkable, the Electric Power Supply Permit permit is issued transparently and accountable each by:
., a., a. The Bupati or the Mayor, for the efforts of the provision of electricity in their respective regions which are not connected to the National Transmissions Network in accordance with the General Plan of Regional Tranquility Area;
., b. The Governor, for the efforts of supplying the county or city, both the means and the electrical energy, which is not connected to the National Transmissions Network in accordance with the General Plan of the Regions of the Regional Tranquility;
., c. Minister, for the efforts of supplying the electric power across the infrastructure, both the means and the electrical energy, which is not connected to the National Transmissions Network or the electrical power supply network connected to the National Transmission Network. with the National Employment General Plan; or
., d. Minister, for the efforts of the power supply carried out by the State-Owed Business Agency in accordance with the National Plan of Fame General.
Section 11
.,, (1) The supply of electrical power for its own benefit can only be carried out under Operation Permission.
.,, (2) Operation Permit as referred to in paragraph (1) is dimated each by:
.,
., a., a. Regent/Mayor, if the installation facility is located within the county/kota;
., b. Governor, if the installation of an installation is a province/city traffic in a single province; or
C. The Minister, if its installation facilities cover the province's cross.
Section 12
.,, (1) Operations permit holders in the region who have implemented the competition may sell excess electrical power to the general interest after it has obtained the Electrical Power Supply Effort from the Electric Power Market Supervising Board.
.,, (2) Operating Permission holders in a region who do not or have not yet implemented a competition may sell excess power to the general interest after receiving approval from the official as referred to in Article 10.
Section 13
.,, (1) the Supervising Board of Electricity, Government, or Local Government in accordance with its respective authority may deliver a written reprimand, suspend activities, freeze activities, or revoke the Electrical Power Supply Permit as referred to in Section 9 and Section 10 or Operations Permit as referred to in Section 11 pursuant to:
., a., a. violation of any of the requirements set forth in the permit;
B. repeat violation of permit requirements; and/or
c. does not meet the requirements defined under this Act.
.,, (2) Prior to carrying out the revocation of the Electric Power Supply Permit Or Operating Permit as referred to in paragraph (1), the Supervising Board of the Electricity Power Market, the Government, or the Local Government first provides the opportunity during A specified time period to the Entity ID to meet the specified requirements.
Section 14
Further provisions of the International License Terms for the Cloud Service are specified in Section 9 and Section 10 and the License of Operations as referred to in Article 11 are governed by the Government Regulation.
The Third Part
Electric Power Supply Service in
Competition Region
Section 15
.,, (1) The penetration of the region applying the competition is done in stages and is set with the Government Regulation.
.,, (2) The Terms for the designation of the region implementing the electrical power competition as referred to in paragraph (1) include:
., a., a. The price rate for the electric power has reached its economy;
B. primary energy supply competition;
c. has formed the Board of Trusts of the Electric Power Market;
D. the readiness of the rules required in the application of the competition;
., e. infrastructure readiness, hardware and electrical power system software;
f. the system conditions that allow it to do competition;
G. Entity equality that will compete; and
., h. Other terms are defined by the Chairman of the Board of Supervising Board of the Power Market.
Section 16
The efforts of the provision of the Electrical Power as referred to in Article 8 of the paragraph (2) are performed separately by the different Entity Entity.
Section 17
.,, (1) The Dissenters of Electrical Power as referred to in Article 8 of the paragraph (2) of the letter a performed based on the competition.
.,, (2) The Business Agency in the field of electrical power generation in one competition area is prohibited from taking control of the market under this Act.
.,, (3) The Prohibition of market mastery as referred to in paragraph (2) includes any actions that may result in the occurrence of monopolies and unsanitary business competition among others including:
., a., a. possession of entitlement;
., b. control most of the installed capacity of electric power generation in one competition region;
., C., control most of the electrical power generation capacity at peak load positions;
D. creating market entry barriers for other Business Bodies;
e. limiting the production of electric power in order to affect the market;
f. conduct a discrimination practice;
G. commit to sell the loss with intent to remove its competitors ' efforts;
h. attempt fraud; and/or
i. Do some conspiracy with the other party.
.,, (4) Further provisions on the ban on market mastery as referred to in paragraph (3) are governed by the Government Regulation.
Section 18
.,, (1) Electrical Power Transmissions as referred to in Section 8 paragraph (2) the letter b is not compiled.
.,, (2) Electrical Power Transmissions connected to the National Transmissions Network are open and provide equivalent treatment of the Dissenters of Electric Power.
.,, (3) The Electric Power Transmission effort is carried out by giving the first opportunity to the State-owned Enterprises Agency.
.,, (4) The Electrical Power Transmissions Agency is obliged to meet the need for new networks in accordance with the development plan of the electric power system.
.,, (5) Electric Power Market Supervising Board sets the area of effort for the Electricity Power Transmissions Agency.
Section 19
.,, (1) Electrical Power Distribution Effort as referred to in Section 8 of the paragraph (2) of the letter c is not compiled.
.,, (2) The Electrical Power Distribution Effort is open and provides equivalent treatment to the Electric Power Sales and Electric Power Sales Effort.
.,, (3) The Electrical Power Distribution Effort is implemented by giving the first opportunity to the State-owned Enterprises Agency.
.,, (4) The Electrical Power Distribution Agency is required to meet the needs of the new network in accordance with the electrical power system ' s development plan.
.,, (5) The Board of Trusts of the Electric Power Market establishes the business area of the Electrical Power Distribution Agency.
Section 20
.,, (1) Electric Power Sales Effort as referred to in Article 8 of the paragraph (2) of the letter d conducting the sale of electric power to consumers who are connected to low voltage networks within a particular business area.
.,, (2) The area of the venture for the Electric Power Sales Effort as to which it is referred to in paragraph (1) is set by the Board of Trusts of the Electric Power Market.
.,, (3) Electric Power Sales Effort can purchase electric power from the electric power market and/or bilaterally from other plants.
.,, (4) Further provisions on the purchase of electric power as referred to in paragraph (3) are governed by the Decision of Chairman of the Board of Supervising Power Market.
Section 21
.,, (1) Electric Power Sales Agent as referred to in Article 8 of the paragraph (2) of the letter e conducting the service of the sale of electric power to the connected consumer at high voltage and medium voltage.
.,, (2) With the permission of the Electric Power Market Supervising Board, the Electric Power Sales Agent can conduct the sale of electric power to the connected consumer at low voltage.
.,, (3) The sale of electric power to consumers by the Electric Power Sales Agent as referred to in paragraph (1) and verse (2) is performed based on the competition.
.,, (4) Electric Power Sales agents purchase electric power from the electric power market and/or bilaterally from other power plants.
Section 22
.,, (1) The Electric Power Market Manager as referred to in Section 8 of the paragraph (2) of the letter f is exercised by the Accountable Entity and is not aligned in providing the electrical power market management service to the Doing Agency. Transactions through a network of electrical power transmission.
.,, (2) The Electric Power Market Manager is co-financed by the Business Agency of transactions in the electric power market.
., (3) Further provisions on the financing as referred to in paragraph (2) are governed by the Decision of the Chairman of the Supervising Board of the Electric Power Market.
Section 23
.,, (1) The Electric Power Market Manager serves to bring together the offering and demand of electricity power in accordance with market rules that drive efficiency, economy and healthy competition climate.
., (2) The provisions of market rules as referred to in paragraph (1) are governed by the Decision of the Chairman of the Supervising Board of the Electric Power Market and do not conflict with the applicable laws.
(3) Electric Power Market Manager on duty:
.,
., a., a. coordinate with the Electric Power Systems Manager in electrical power sprinklers;
., b. validate the electric power market price and the magnitude of the power funneled;
., c. provide transaction information to all the perpetrators of the electric power market transaction;
D. complete all electrical power market transactions;
., e. resolve the market-perpetrator disputes arising in the electrical power transaction process;
., f. make transaction reports from sellers and buyers to the Electric Power Market Supervising Board; and
., g. is doing other tasks related to the management of the electric power market determined by the Electric Power Market Supervising Board.
Section 24
.,, (1) The Electrical Power Systems Manager as referred to in Section 8 of the paragraph (2) of the g is exercised by the Board of Directors and is not aligned in providing the operating services of the electrical power system to the operating entity. Transactions through a network of electrical power transmission.
.,, (2) The Electric Power Systems Manager is co-financed by the Governing Body of transactions in the electric power market.
., (3) Further provisions on the financing as referred to in paragraph (2) are governed by the Decision of the Chairman of the Supervising Board of the Electric Power Market.
Section 25
.,, (1) The Electric Power Systems Manager functions the operation of an electrical power system to acquire a reliable, secure, and quality system in accordance with the applicable electrical power transmission network rules.
., (2) The provisions concerning the rules of the power transmission network as referred to in paragraph (1) are defined by the Decision of the Chairman of the Supervising Board of the Electric Power Market.
(3) The Power Power Systems Manager on duty:
., a., a. create an electric power system development plan;
., b. maintaining the level of security, quality, and reliability of the electrical power system in accordance with applicable standards;
., c. creating load forecasting and charging plans for power generation based on the Electric Power Market Manager information;
., d. coordinate the plant maintenance plan and the electrical power transmission network;
e. provide operation command to the power plant and transmission of power;
., f. provide information to the Electric Power Market Manager for the completion of the electric power purchase transaction;
G. ensuring an electric power supply; and
., h. perform other tasks related to the management of the electrical power system established with the Decision of Chairman of the Electrical Power Market Supervising Board.
Section 26
The ownership of the Electric Power Systems Manager's Agency and Electric Power Systems Manager Enterprise entitlements as referred to in Article 8 of the paragraph (2) is governed by the Decree of the Chairman of the Supervising Board of the Electric Power Market.
Section 27
Requirements and governance of the procurement and appointment of Electric Power Market Manager employees and Electric Power Systems Manager are established with the Decision of Chairman of the Electric Power Market Supervising Board.
Section 28
.,, (1) In terms of the activities of the Electrical Power Transmission as referred to in Section 8 of the paragraph (2) letter b, the Electric Power Market Manager referred to in Section 8 of the paragraph (2) of the letter f, and the Electric Power System Manager as referred to In Section 8 (2) the case is not ready to be separated, all three business activities may be performed together in a single entity with separate functions and roles, and are executed by the State-owned Business Agency.
.,, (2) In the event of the Electric Power Market Manager activities referred to in Section 8 of the paragraph (2) the letter f and the Electric Power System Manager as referred to in Section 8 of the paragraph (2) the letter g is not ready to be separated, both business activities It can be performed together in a single Entity with a separate function and role and is implemented by the State-owned Business Agency.
., (3) The provisions of the merger and separation as referred to in paragraph (1) and paragraph (2) are governed by the Decision of Chairman of the Supervising Board of the Electric Power Market.
Section 29
.,, (1) Licensee's authorized use of the Program is prohibited from using the Program to be used in conjunction with the Program, and Licensee is not authorized to use the Program.
.,, (2) The combined effort in a compressed territory that drives efficiency, but does not interfere with the comers, can be done with the approval of the Board of Supervising Power Market.
The Fourth Part
Electric Power Supply Service in the Region that
Neither nor Yet Apply The Competition
Section 30
., (1) In areas that are not or have not been able to apply the competition due to certain conditions, the efforts of the provision of electricity as referred to in Article 8 of the paragraph (2) can be done in an integrated way.
.,, (2) The activities of the provision of electrical power as referred to in paragraph (1) are performed by the State-owned Enterprises, Regional, cooperative, private, or swadaya community owned by the Government.
.,, (3) With consideration of the development of a more efficient system of composure systems, the activities of the business of providing electric power as referred to in paragraph (1) are exercised by providing the first opportunity to the State-owned Enterprises Agency.
.,, (4) State-owned Enterprises, Regional, cooperative, private, or swadaya communities as referred to in paragraph (2) are required to meet the needs of the electricity in its business area.
.,, (5) In terms of the State-Owed Business Agency, the Regional, cooperative, private, or self-owned entity as referred to in paragraph (4) cannot meet the needs of the power, then the Local Government or Government is obliged to Fulfill it.
The Fifth Part
Electric Power Support Attempt
Section 31
.,, (1) The Electrical Power Allowance Activities as referred to in Section 8 of the paragraph (3) can be executed by the Entity ID after obtaining the Electric Power Allowance Effort of the Local Government.
., (2) The provisions of the Power Allowance Effort as referred to in Section 8 of the paragraph (3) and the provisions of the Compulsory Labor Permit Permit are further regulated by the Government Regulation.
., (3) For the types of Electric Power Allowance Efforts as referred to in Article 8 paragraph (3) related to the construction services are regulated in accordance with the law in the field of construction services.
BAB VI
HOLDER ' S RIGHTS AND OBLIGATIONS
POWER SUPPLY EFFORTS
AND THE ELECTRIC POWER CONSUMER
The First Part
Licensee's Rights and Liability
The Electric Power Provision Effort Permit
Section 32
.,, (1) For the benefit of the general, the holder of the Electrical Supply Efforts permit in carrying out an electrical power provision effort as referred to in Section 8 of the paragraph (2) letter a, letter b, and the letter c is authorized to:
., a., a. crossing the river or lake both above and below the surface;
B. crossing the sea both above and below the surface; and
c. crossing the public road and the train road.
.,, (2) As long as it is not in conflict and with regard to applicable laws, for the general handouts of the General Power Supply Licence Permit Licensee is also authorized to:
.,
., a., a. get into a public or individual place and use it for a while;
B. using the ground, crossing above or below the ground;
.,, c. trailed above or under buildings built above or below ground; and
D. cut and/or cut down the plant that prevents him.
.,, (3) In carrying out activities as referred to in paragraph (2), the Electric Power Supply Permit holder must obtain approval first from the entitled side of the land, building, and/or plant.
Section 33
Licensee is required to provide the following:
., a., a. provide an electric power that meets the applicable quality standards and reliability;
., b. Provide the appropriate services for the Cloud Service, as well as the IBM Cloud Services.
c. pay attention to the safety of the composure.
The Second Part
Electric Power Consumer Rights and Obligability
Section 34
(1) The electric power consumer has the right to:
., a., a. got a good service;
., b. got electric power continuously with good quality and reliability;
c. obtaining electric power at a reasonable price;
D. get services for improvement if there is an electrical power disruption; and
., e. Received damages for damages caused by BP's use of the Cloud Service.
(2) The electric power consumer has an obligation:
.,
., a., a. carrying out safeguards against hazards that may arise due to the utilization of electricity power;
B. maintaining the security of the composure installation;
c. utilizing electrical power in accordance with its tail; and
., d. pay the subscription money or the price of power power according to terms or agreements.
.,, (3) the power of the electric power is responsible if due to its negligence resulting in loss of the Electric Power Supply-Supply Permit Holder.
.,, (4) Consumer electrical power is required to comply with technical requirements in the field of notoriality.
BAB VII
SOIL USE BY THE HOLDER
ELECTRIC POWER SUPPLY EFFORTS PERMIT
Section 35
.,, (1) For the general interest, the entitled side of the land, building, and plant permits the holder of the Electric Power Supply Permit to exercise its authority as referred to in Article 32 of the paragraph (2), by obtaining a change of rights For land or compensation.
., (2) Replace the loss of the rights to the land as referred to in paragraph (1) is for the land used directly by the Licensee's permission holder, and for the building and the plant above the ground in question.
.,, (3) Compensation as referred to in paragraph (1) is given as a result of reduced economic value over land, buildings and plants that are traversed by the transmission of electrical power.
.,, (4) Further provisions regarding the calculation of compensation as referred to in paragraph (3) are governed by the Government Regulation.
.,, (5) If the land used by the Electric Power Supply Permit is a portion of the land held by the holder of the country's rights or land-users, before commencing activities, holders of the Electric Power Supply Service It is mandatory to resolve the issue of the land in accordance with the laws of the field.
.,, (6) In terms of the land used by the Workforce Permit Disposal holders there is a ulayat land and which is similar to the indigenous legal society as long as the reality is still present, its completion is done by the Labor Supply Permit holder Electricity with indigenous legal societies is concerned according to laws in the field with regard to the provisions of local customary law.
Section 36
The obligation to compensate for the loss of land rights or compensation as referred to in Article 35 of the verse (1) does not apply to those who intentionally set up buildings, plant crops and others on land that already have permits. the location for the power supply effort and already given damages or compensation.
Section 37
.,, (1) Redemption, nomencing, and repayment of the rights to the land rights or compensation as referred to in Section 35 is done in accordance with the provisions of the applicable laws.
.,, (2) Replace the rights to the land or compensation as referred to in Section 35 is charged to the Licensee's Incentive Efforts of Power.
BAB VIII
ELECTRIC POWER SALE PRICE
Section 38
.,, (1) The price of Jual Power on the side of the power plant and the sale price of electricity for high voltage consumers and medium voltage consumers is based on reasonable and healthy competition as well as being supervised by the Board of Supervising Power Market Electricity.
.,, (2) The sale price of electric power to low voltage consumers is regulated by the Board of Supervising Electric Power Market.
.,, (3) In terms of new competition applied to the plant, the sale price of electricity for consumers is regulated by the Board of Trusts of the Electric Power Market.
Section 39
.,, (1) Redemption of the cost of providing facilities to maintain the quality and reliability of the Electric Power Market Supervising Board based on the contract between the Power Power Systems Manager with the Electric Power Dissenters Agency and Electric Power Transmission Service.
.,, (2) The Electric Power Market Manager pays the charge as referred to in paragraph (1) to the Governing Body of Power Power and the Electricity Power Transmissions Agency concerned through the Electric Power System Manager.
.,, (3) Further provisions regarding the mechanism and the large payment as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
Section 40
The designation of the rental price of the transmission network and the rental price of the electric power distribution network is carried out by the Electric Power Market Supervising Board.
Section 41
In the event of competition no or unworkable as referred to in Article 30 of the paragraph (1), the price of electricity for the consumer is regulated by the Government or the Local Government.
Section 42
The price of the electricity is in Section 38 and Article 41, the cost of providing the facilities as referred to in Article 39, and the price of the transmission of the transmission network and the price of the electric power distribution network as referred to in this section. Article 40 is stated in the Rupiah currency.
Section 43
In arranging the electric power sale price as referred to in Article 38 of the paragraph (2) and paragraph (3) as well as Article 41, Government, Local Government or the Supervising Board of the Electric Power Market are required to pay attention to the following:
a. national interest;
B. consumer interest;
C. Industry and healthy trade rules;
D. production cost;
e. Enterprise efficiency;
f. scarcity and special properties of the primary energy sources used;
G. the scale of the company and the interconnect of the system to use;
h. the preservation cost of the environment function;
i. Community capabilities; and
J. the quality and reliability of the provision of electrical power.
Section 44
The provisions of the sale price of electricity as referred to in Article 38 and Section 41 as well as the rental price as referred to in Article 40 are further regulated by Government Regulation.
Section 45
The provisions regarding the sale of interstate electric power are set further by Government Regulation.
BAB IX
STATE ACCEPTANCE
Section 46
.,, (1) The acceptance of the state in the power sector is derived from the acceptance of taxation and the Acceptance of State Not Tax.
.,, (2) The Application of the State is not a Tax as referred to in paragraph (1) of the levy of transmission means and the levy of means of the distribution of electricity.
., (3) The levy as referred to in paragraph (2) is used for the development of transmission networks and the distribution of electrical power in undeveloped regions.
.,, (4) The manner of the manner, the designation of magnitude, imposition, and the use of the State Reception Not the Tax as referred to in the paragraph (2) and paragraph (3) is further regulated by the Government Regulation.
BAB X
ENVIRONMENT AND
THE SAFETY OF THE COMPOSURE
Section 47
Any obligation action activities are required to meet the provisions required in the environment of the environment.
Section 48
.,, (1) Any activities of the composure efforts are required to meet the provisions regarding the safety of the composure.
., (2) The provisions of the safety of the composure as referred to in paragraph (1) include standardization, the security of the installation of electrical power and the safeguarding of electrical power to realize the reliable and safe conditions for installation and the safe conditions of danger for humans as well as familiar environmental conditions.
.,, (3) Any electrical power installation that will operate is required to have an operating laic certificate.
.,, (4) Any power-power sweeteners that will be sold are mandatory for a safety mark.
.,, (5) Any engineering power in the workforce is mandatory to have a competency certificate.
., (6) The terms of the safety of the composure, operating certificate, safety marks, and competency certificates as referred to in paragraph (2), paragraph (3), paragraph (4), and paragraph (5) are governed by the Government Regulation (s).
BAB XI
ELECTRIC POWER GRID UTILIZATION
FOR OTHER PURPOSES
Section 49
.,, (1) The electrical power grid can be utilized for the benefit of outside electrical power conduction.
.,, (2) The power of the electrical power network as referred to in paragraph (1) can only be done with the network owner ' s permission.
.,, (3) The provisions regarding the licensing as referred to in paragraph (2) are further regulated by the Minister.
BAB XII
COACHING AND SUPERVISION
Section 50
.,, (1) The Government, Local Government and Electric Power Market Supervising Board conduct public coaching and oversight of the efforts of the composure according to their respective authority.
.,, (2) the public coaching and supervision as referred to in paragraph (1) mainly includes:
., a., a. safety on the overall electrical power supply system;
B. effort development;
., c. optimizing the utilization of local energy sources, including utilization of renewable energy;
D. environmental protection aspect;
., e. utilization of clean, eco-friendly and high-efficiency technology processes on the generation of electric power;
., f. utilization of goods and services within the country, including engineering and engineering competencies;
G. the reliability and adequate of the electrical power supply; and
h. The definition of standardization in the field of popularity.
.,, (3) The order of general coaching and supervision as referred to in paragraph (1) and paragraph (2) is governed by the Government Regulation.
BAB XIII
THE ELECTRIC POWER MARKET WATCHDOG
Section 51
.,, (1) To organize and supervise the organizing competition of the provision of electricity power, it is formed of one body called the Supervising Board of the Electric Power Market.
.,, (2) The Board of Trusts of the Electric Power Market as referred to in paragraph (1) serves to regulate and supervise the efforts of providing electrical power in the region that has implemented the competition.
Section 52
To perform the function as referred to in Article 51, the Board of the Electrical Power Market is responsible and authorized:
., a., a. Outline and implement the Government ' s general policy in setting up an electrical power supply effort;
B. prevent competition of unsanitary efforts;
., c. set the sale price of electricity on the Electric Power Sales Act as referred to in Article 38 of the paragraph (2), the cost of providing the facility to maintain the quality and reliability of the electrical power system as referred to in Article 39, and the price of lease the transmission and lease price of the electric power distribution as-which is referred to in Article 40;
., d. monitor and monitor the execution of provisions regarding the transmission of means of transmission and of the means of the distribution of electricity as referred to in Section 46 of the paragraph (2) and paragraph (3);
., e. oversee the sale prices of the electric power on the side that are on the side of the Dissenters and the Electric Power Sales Agent as referred to in Article 38 of the paragraph (1);
., f. configure and supervise the Electric Power Market Manager and Power Systems Manager Effort (s);
., g. establish the region of Power Distribution and Electric Power Sales Business;
., h. publish an Electrical Supply-Power Permit Business Permit for any type of Electric Power Supply Effort as referred to in Article 8 of the paragraph (2);
., i. ensuring that the provisions of the laws and the provisions of the permit are obeyed by the Licensee's Authorized Personnel License.
., j. Do a public hearing and establish the rules of handling consumer complaints.
., k. facilitate the completion of disputes arising in competition and service;
., l. implement administrative sanctions to Licensee's Authorized Personnel for the violation of the provisions of laws and permits; and
M. ensuring an electric power supply.
Section 53
For areas that are not or have not been able to implement the competition, the setting function as referred to in Article 51 is exercised by the Government or the Local Government in accordance with its authority.
Section 54
The Electric Power Market Supervising Agency is taking decisions accountable and impartial as well as explaining transparently any consideration in its decision-making.
Section 55
(1) The Electrical Power Market Supervising Board is responsible to the President.
.,, (2) Most Electric Power Market Supervising Board members consist of 5 (five) people and most comprise 11 (eleven) people.
.,, (3) The chairman was selected from and by members of the Board of Trusts of the Electric Power Market, which was captured as a member.
.,, (4) Members of the Supervising Board of Power Market are appointed by the President on the approval of the People ' s Representative Council of the Republic of Indonesia
.,, (5) The tenure of the Board of Supervising Board members of the Electric Power Market is 5 (five) years and can be reappointed a maximum of 1 (one) times the next term.
.,, (6) If due to the expiration of the term there will be a vacancy in the membership of the Supervising Board of the Electric Power Market, then the member ' s term can be extended until the appointment of new members.
Section 56
Further provisions regarding organization, work, task description, membership, code of conduct, and payroll system of the Electric Power Market Supervising Board are governed by the Government Regulation.
Section 57
The budget for the implementation of the Electric Power Market Supervising Agency is obtained from:
a. State Revenue and Shopping Budget; and
., b. other sources that are allowed in accordance with applicable laws.
BAB XIV
INQUIRY
Section 58.
.,, (1) In addition to the Investigator of the Indonesian National Police, as well as a particular Civil Service Officer whose scope of duty and responsibility in the field of notoriality, is given special authority as the Investigator as referred to in the Law Law Law, for a criminal investigation in the field of fame.
.,, (2) Civil Service Investigators as referred to in paragraph (1) are authorized:
.,
., a., a. conduct an examination of the truth of the report or the description with respect to the criminal activity in the activities of the activities of the commiss;
., b. conduct an examination of a person or an Entity that is suspected of committing a criminal act in the activities of a commissalization effort;
.,, c. calls people to be heard and examined as a witness or a suspect in the case of a criminal offence in the activities of a commissalization effort;
., d. Search for a place that is suspected to be used for criminal activity in the activities of the activities of the composure;
., e. perform a means and infrastructure check-up activities and stop the use of the equipment allegedly used to commit a criminal offense;
., f. sealing and/or confiscating the tools of the electrical enterprise that are used to perform criminal acts as a proof tool; and
., g. Bring the necessary manpower in his relationship with the examination of criminal cases in the activities of the fame.
.,, (3) Civil Service Investigators as referred to in paragraph (1) notify the commencement of the investigation of a criminal case to the State Police Officer of the Republic of Indonesia in accordance with the provisions of the applicable laws.
.,, (4) the execution of the authority as referred to in paragraph (2) is performed in accordance with the provisions of the applicable laws.
BAB XV
CRIMINAL PROVISIONS
Section 59
.,, (1) Any person who provides false information, false testimony, or withholding information relating to the attempted power of the public is criminalised with a prison criminal of at least 5 (five) years and the fine of most Rp 500,000.000.00 (five hundred million rupiah).
.,, (2) Any person who violates the principle of a healthy competition, in particular in conducting a business conspiracy to obtain the privilege or establish a monopoly power as referred to in Article 29 and Article 52 of the letter b, is being convicted of The penultimate criminal prison is 5 (five) years and fined the most Rp1,000.000.000.00 (one billion rupiah).
Section 60
.,, (1) Any person who uses an electric power that is not his right with intent to exploit against the law, is convicted of committing theft with a prison criminal of at least 5 (five) years and a fine of the most Rp500.000.00 (five hundred million rupiah).
.,, (2) Any person who is due to his negligence resulted in the damage to the electrical installation of the Electric Power Supply-Supply, thus affecting the survival of the power to be convicted of the prison's most prolonged penal. (three) a year and a fine of most Rp100.000.00 (one hundred million rupiah).
(3) If the omission is referred to in verse (2) resulting in the severing of the flow of electricity so that it harms the public to be convicted by prison criminal for the longest 5 (five) years and the most fines of Rp500.000.00 (five hundred million). rupiah).
Section 61
.,, (1) Any person who conducts an electrical power supply effort without the Electrical Power Supply Permit as referred to in Article 9 of the paragraph (1) and Article 10, is convicted of the longest prison criminal 6 (six) of the year and the most fine Rp500.000.00 (five hundred million rupiah).
., (2) Any person who conducts an electrical power supply attempt without Operating Permission as referred to in Article 11, is convicted of the longest prison criminal 5 (five) years and the most fines of Rp50,000.000.00 (fifty million rupiah).
.,, (3) Any person who conducts an electrical power provision does not meet the obligations of the entitled to the land, the building, and the plant as referred to in Article 35 of being convicted on the penultimate prison criminal 1 (one) year and fine At most Rp100.000.00 (one hundred million rupiah).
.,, (4) In addition to the criminal as referred to in paragraph (3) may be subject to additional sanction of either the revocation of the Electric Power Supply, or Operation Permit.
Section 62.
., (1) Any person who due to his negligence resulted in a person ' s death due to an electric power, was convicted of a prison criminal of at least 5 (five) years and a fine of the most Rp100.000.00 (one hundred million rupiah).
.,, (2) If the omission is referred to in paragraph (1) performed by the Operating Permit Holder and the Operating Permit Holder, it is sentenced to a maximum prison criminal of 7 (seven) years and a fine of most Rp500.000.000.00 (five hundred million rupiah).
.,, (3) In addition to the criminal as referred to in paragraph (2), the Licensee's license to the Licensee and the operating permit holder is also required to indemnate.
.,, (4) Redemption, nomencing, and indemnable payment as referred to in paragraph (3) following the provisions of applicable laws.
Section 63
Any person who performs an electrical power support event without permission as referred to in Article 31 of the paragraph (1) is threatened with a penultimate confinement of 6 (six) months and the most fines of Rp50,000.000.00 (fifty million rupiah).
Section 64
Every person who produces, distributes, or forgets an electric power, which has no sign of salvation, as referred to in Article 48 of the verse (4) is criminalised with the penultimate confinement of 1 (one) year and the most fine Rp500.000.000.00 (five hundred million rupiah).
Section 65
.,, (1) In the event of a criminal offence as referred to in this Chapter is performed by the Entity, the criminal is imposed against the Entity and or the lockdown.
.,, (2) In terms of felon committed by the Agency, the criminal being dropped to the Entity is a criminal fine, with the highest provision of the criminal fine plus one-third.
Section 66
.,, (1) The Perartificial as referred to in Article 59, Section 60, Section 61, and Article 62 is a crime.
.,, (2) The Perartificial as referred to in Article 63 and Section 64 is a violation.
BAB XVI
THE TRANSITION PROVISION
Section 67
At the time of this Act applies:
., a., a. in the most prolonged period of 1 (one) year formed the Board of Supervising the Electric Power Market; and
., b. For a period of five (five) years, there has been an area that applies limited competition to the generation of the generation.
Section 68
At the time this Act applies, against the United States Code of Fame (PKUK) as referred to in Law No. 15 of the Year 1985, the term is considered to have been a vertically integrated permit. includes the generation, transmission, distribution, and sales of electrical power by staying in the task and duty of providing electrical power to the general interest until the release of the Electrical Power Supply-Supply's Perils. This legislation.
Section 69
At the time of this Act applies:
., a., a. the rules of execution in the field of exposition that have been issued remain in effect, as long as it does not conflict with this Act or has not been replaced or amended under this Act;
., b. Permission for the General Interests to be issued under Law No. 15 of 1985 on the Fame remains valid until the expiration of the term except for the territory which has been designated as the territory of the United States. implement the competition, the Workforce Permissions for General Interests are updated to be the Electric Power Supply Permit in accordance with the area of its business;
., c. Permission for the Cloud Service for its own Interests which have been issued under the Law Number 15 Year 1985 of the Fame remains in effect until the expiration of the term; and
., d. The Electric Power Efforts permit issued under Law No. 15 of 1985 on the Fame remains in effect until the expiration date.
BAB XVII
CLOSING PROVISIONS
Section 70
Upon the beginning of the Act, the Act No. 15 of 1985 of the Term of the Republic Of Indonesia In 1985 Number 74, The State Sheet Number 3317), was declared to be unvalid.
Section 71
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.
.,,
Passed in Jakarta
on September 23, 2002
PRESIDENT OF THE REPUBLIC OF INDONESIA,
MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on September 23, 2002
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,
BAMBANG KESOWO
