SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 132, 2007 | (Explanation in Additional State Sheet of the Republic of Indonesia No. 4777) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 59 YEAR 2007
ABOUT
GEOTHERMAL ENTERPRISE ACTIVITY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,,, weighed: that to carry out the provisions of Article 9 paragraph (3), Article 13 of the paragraph (3), and Article 33 of the Law Number 27 of 2003 on the Hot Earth, need to establish a Government Regulation on the Activities of the Geothermal Effort;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2. Law No. 27 of 2003 on the Geothermal (leaf of State of the Republic of Indonesia in 2003 Number 115, Additional Gazette of the Republic of Indonesia Number 4327);
DECIDED:
.,, Setting: A GOVERNMENT REGULATION ON GEOTHERMAL ENTERPRISE ACTIVITIES.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation referred to by:
., 1. Geothermal is a source of heat energy that is contained in hot water, water vapor, and rocks along with the mineral and other gases that are genetically inseparable in an Earth's heat system and for the use of it. the mining process.
., 2. The Earth's Heat Effort is an activity to find the Earth's thermal resources until it is either directly or indirectly to the point of view.
., 3. The Preliminary Survey is an activity that includes the collection, analysis and presentation of data related to the information of geological, geophysical, and geochemical conditions to estimate the location and presence of the Earth's Hot Resources as well as the work area.
., 4. Exploration is a series of activities that include geological investigations, geophysics, geochemistry, test drilling, and exploratory wells that aim to acquire and add information on the surface geological conditions to discover and get the estimated potential of Earth's heat.
. .5. Feasibility study is the stage activity of the Earth's Hot Mine to obtain information in detail all aspects related to determining the feasibility of the Earth's Hot mining efforts, including the deliniation of the wells, or the number of studies. a backup that can be exploited.
., 6. Exploitation is a series of activities on a particular area of work that includes drilling for development wells and reinjection wells, construction of ground facilities and the production operation of Earth's thermal resources.
., 7. Direct utilization is the activities of energy-based and/or Earth's hot fluids for non-electric purposes, both for the common interest and for its own sake.
., 8. Indirect utilization for electric power is the activities of the Earth's thermal energy utilization for power plants, both for general interest and for its own sake.
., 9. An Entity is any legal entity that may be a state owned entity, an area owned, cooperative or private entity established in accordance with the provisions of the applicable laws, running a fixed type of business and Continual, working and standing within the territory of the Republic of Indonesia.
., 10. The Earth's Hot Mining permit, later called IUP, is the permission to carry out the Earth's Hot Mining Effort.
., 11. The Geothermal Mining Workspace, next called the Workspace, is the region established in the IUP.
., 12. Indonesia's Geothermal Mining Law Area is the entire land area, waters, and continental shelf of Indonesia.
., 13. The Auction Document is a document prepared by the Working Area auction committee as a guideline in the process of making and delivery of the Working Area offering by the Business Agency as well as the bidding evaluation guidelines by the Regional auction committee. Work.
., 14. The Working Area auction is a particular Workspace offering to the Entity as a series of activities to get IUP.
., 15. Another party is an entity that has the expertise and the ability to execute a preliminary survey assignment on a particular region.
., 16. The Central Government, subsequently called the Government, is the President of the Republic of Indonesia which holds the power of the government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
., 17. The Minister is the minister who organizes government affairs in the field of Earth's heat.
BAB II
THE GEOTHERMAL ACTIVITY STAGE
Section 2
The Earth ' s Heat venture activities stage includes:
a. Preliminary Surveys;
B. Work Area designation and Workspace Auction;
C. Exploration;
D. Feasibility Study;
e. Exploitation; and
f. Utilization.
The Kesatu section
The Preliminary Survey
Section 3
.,, (1) the Minister, governor, and/or bupati/mayor in accordance with his authority conducting the Preliminary Survey.
.,, (2) The implementation of the Preliminary Survey as referred to in paragraph (1) is conducted coordinated by the Minister, the governor, and the regent/mayor according to its authority.
Section 4
.,, (1) The data collection of the Preliminary Survey Results as referred to in Section 3 is noted and compiled for each region equipped with borders, coordinates, and area through the settings as follows:
.,
., a., a. The governor compiles the results of the preliminary survey results for the provincial territory concerned through coordination with the Government and service and other related agencies in the provincial government and the county/city government concerned.
., b. The mayor/mayor compiles the results of the preliminary survey results in the district/city area concerned through coordination with the service and other agencies related to the county/city government in question.
.,, (2) the Governor and the regent/mayor are required to deliver the results of the results of the Preliminary Survey as referred to in paragraph (1) letter a and letter b to the Minister.
Section 5
Further provisions on the manner of the manner, and the terms of the implementation of the Preliminary Survey as referred to in Section 3 and Section 4 are set forth in the Ministerial Regulation.
Section 6
.,, (1) the Minister may assign to Other Parties to conduct a Preliminary Survey.
.,, (2) the Governor, regent/mayor or other party may propose to the Minister of a region to perform the Preliminary Survey Assignment.
.,, (3) The assignment of the Preliminary Survey by the Minister as referred to in paragraph (1) and the Assignment Survey Assignment proposed by the governor, or the regent/mayor as referred to in paragraph (2) can be done through the offering.
.,, (4) The implementation of the Preliminary Survey assignment offering as referred to in paragraph (3), conducted by the Minister in a manner:
.,
., a., a. announcement through print, electronic media, and other media; and/or
B. promotion through various forums, both national and international.
.,, (5) the Assignment Survey Assignment by Other Parties as referred to in paragraph (1), paragraph (2), and paragraph (3) are executed at the expense of the Other Party.
.,, (6) In order of the Preliminary Survey Assignment, the Minister may set the benchmark price of steam or the benchmark price of electricity from the Earth ' s thermal power plants.
Section 7
.,, (1) the Preliminary Survey Assignment as referred to in Article 6 is submitted to the Minister with busan to the governor, the local regent/mayor by attaching a map of the requested area.
.,, (2) the Preliminary Survey Assignment as referred to in paragraph (1) is conducted in the manner of the application of the first application that has met the requirements, gets the first priority to get the Preliminary Survey Assignment (First come First served).
Section 8
Other parties that perform the Preliminary Survey Assignment as referred to in Section 6 and Section 7 are mandatory:
., a., a. save and secure the data from the preliminary survey results to the end of the assignment; and
., b. Keep the data a secret and submit all data to the Minister after the expiration of the assignment.
Section 9
Other parties that perform the Preliminary Survey Assignment as referred to in Section 6 and Section 7 do not directly obtain the Workforce Area.
Section 10
Further provisions of the order of the Preliminary Survey assignment as referred to in Section 6, Section 7, Section 8, and Section 9 are set forth in
The Minister Regulation.
The Second Part
The Workspace assignment
Section 11
.,, (1) Earth ' s thermal resource enterprise activity is executed on a Workspace.
.,, (2) the Minister is planning, setting up and setting the Workspace based on the study and processing of the Primary and/or Exploration Survey data.
(3) The Workspace Planning as referred to in paragraph (2) is implemented:
., a., a. transparent, participative, and responsible;
., b. Integrated with regard to national interests, related sectors and society and consider the economic, ecological, social cultural and environmental aspects of the environment; and
c. pay attention to the peculees and aspirations of the area.
.,, (4) In the preparation and designation of the Workspace as referred to in paragraph (2), the Minister consults with the related agencies, provincial governments, and the county/city government concerned.
.,, (5) Further provisions on the manner of the Working Area designation as referred to in paragraph (2) are governed in the Regulation of the Minister.
Section 12
.,, (1) the Government designates the base price of data on the Workspace of the Preliminary Survey and/or Exploration as referred to in Article 11 of the paragraph (2) conducted by the Minister, the governor or the bupati/mayor.
.,, (2) the Minister assigning the amount of data compensation results for the execution of the Preliminary Survey (awarded compensation) based on the reporting and financial report of the Other Side.
.,, (3) The Business Area data price as referred to in paragraph (1) and the amount of data compensation as referred to in paragraph (2) is used as a reference to the Working Area Auction committee.
., (4) Further terms on the manner of the data compensation plan of the results of the implementation of the Preliminary Survey (awarded compensation) as referred to in paragraph (2) are governed in the Ministerial Ordinance.
The Third Part
Exploration
Section 13
.,, (1) The Minister can conduct Exploration in the area of Indonesia ' s Hot Mining Law of Indonesia.
.,, (2) The implementation of the exploration as referred to in paragraph (1) is carried out in a coordinated way with the governor or the regent/mayor concerned.
.,, (3) Further provisions on Exploration as referred to in paragraph (1) and paragraph (2) are governed in the Regulation of the Minister.
Section 14
.,, (1) The Business Agency conducts exploration in a Workspace after getting IUP.
.,, (2) The Board of Compulsory Enterprise conducts Exploration in accordance with the good and correct mining engineering rules as well as the standard of Earth's Hot Exploration, until it is known that its potential reserves have proven to be Hot Earth as the basis of its development commitment.
The Fourth Part
The Feasibility Study
Section 15
.,, (1) IUP holders may perform the Study of Eligibility after completing the Exploration and passing the report of detailed Exploration to the Minister, the governor or the regent/mayor according to his authority.
.,, (2) In terms of Exploration conducted by the Minister, the Entity Entity can directly conduct a feasibility study after getting IUP.
.,, (3) The Board of Compulsory Enterprises performs the Eligibility Study in accordance with the good and correct mining engineering rules as well as the standard of Earth's Hot Eligibility Studies.
(4) The Eligibility Study as referred to in paragraph (2) includes the study:
., a., a. determination of mines worthy of mine across the Workspace;
., b. the application of proper technology for the exploitation and steam capture of the production wells;
c. location of production wells;
D. production well design and injection;
e. design of production wells;
f. Short and long-term production capacity planning;
G. Power generation systems and/or direct utilization systems;
h. the conservation and sustainability efforts of the Earth's Hot Resources;
., i. Safety and employment plans, environmental and technical protection of the Earth's Hot Mine; and
J. A temporary post-mine.
The Fifth Part
The exploitation
Section 16
.,, (1) IUP holders can perform Exploitation after completing the Eligibility Study as well as having a environmental feasibility decision based on analysis of analysis of environmental impact or approval of environmental management efforts and environmental monitoring efforts in accordance with the provisions of the laws in the field of living environment.
.,, (2) The Board of Compulsory Enterprises is exploiting the exploitation of good and right mining techniques as well as the standard Exploitation Of Geothermal Exploitation and regard to environmental aspects as well as the conservation of Earth's thermal resources.
The Sixth Part
Utilization
Section 17
IUP holders can perform activities:
., a., a. indirect utilization for electrical power after it has obtained a composure business permit in accordance with the provisions of the laws in the field of composure; and/or
., b. The direct use of the implementation is set in its own government regulations.
Section 18
The Earth 's Hot Steam pricing guidelines for power plants are set up in the Minister' s Regulations.
Section 19
In order to guarantee the availability of electricity for general interest, the Government may assign the Power Power Enterprise Power Effort to purchase steam or electricity derived from the Geothermal Heat in accordance with the provisions of the laws.
BAB III
WORK AREA AUCTION
The Kesatu section
Common
Section 20
.,, (1) In order of the Working Area offering, the Minister may set the benchmark price of steam and/or electrical power from the Earth ' s thermal power plants (2) the Minister, governor or bupati/mayor in accordance with his authority announcing the Workspace as referred to in Article 11 is open to offer to the Entity.
.,, (3) the Minister, governor or regent/mayor in accordance with his authority conducting the Working Area offering as referred to in paragraph (1) to the Entity by means of an auction.
.,, (4) In carrying out the Working Area offering as referred to in paragraph (1), the Minister, governor or regent/mayor in accordance with his authority has the task:
.,
., a., a. Forming a Workspace Auction committee whose membership membership is gasal and at least 5 (five) people, who understand the manner of the Work Area Auction, the substance of the Geothermal Entrepreneurship including its use, law and other fields. required both of the elements inside and outside of the agencies concerned; and
B. establish and validate the results of the Workspace Auction.
.,, (5) the task, authority and responsibility of the Working Area Auction committee as referred to in paragraph (4) of the letter a includes:
., a., a. Set up a schedule and set the location of the Workspace Auction;
B. setting up the Lelang Document;
c. announces Workspace Auction;
D. assessing the Business Agency qualification through prequalification;
e. conduct an evaluation of the incoming offer;
f. propose a winning candidate; and
G. Making news for the Work Area Auction.
.,, (6) The Work Area Auction (s) as referred to in paragraph (4) of the letter a each consisting of:
.,
., a., a. Provincial Regional Working Area Auction Committee is formed by Ministers with representatives from the agencies responsible in the fields of energy and mineral resources, related agencies, provincial governments, and local/local municipal/municipal governments;
., b. The district/city services auction committee is formed by the concerned governor who is a representative of the agencies responsible in the fields of energy and mineral resources, related agencies, provincial governments, and agencies local government related; and
., c.c. Working Area Auction committee on the jurisdiction of the county/city government is set up by concerned regent/mayor who is composed of representatives of the agencies responsible in the fields of energy and resources Minerals, related agencies, provincial governments, county/city governments and local government agencies are related.
The Second Part
Requirements and Tata Way Auction
Section 21
The Working Area Auction Committee prepares the Lelang Document as referred to in Article 20 of the paragraph (5) the letter b includes:
a. administrative, technical, and financial terms;
B. method of delivery of the offer document;
c. Offer evaluation method; and
D. the auction winner ' s determination procedure.
Section 22
.,, (1) The Working Body that can follow the Work Area Auction must meet the administrative, technical, and financial requirements as referred to in Article 21 of the letter a.
.,, (2) the administrative requirements as referred to in paragraph (1) are least included:
.,
., a., a. IUP requests to the Minister, the governor or the regent/mayor according to his authority;
B. the applicant ' s identity/deed of the company;
c. corporate profile;
D. The Subject's Subject Number is required; and
., e. a statement of the statement of error paying the data compensation except for the Other Party that is given the assignment of the Primary Survey.
.,, (3) Technical requirements as referred to in paragraph (1) at least include:
., a., a. Exploration technical or Eligibility Studies; and
B. plans for an Exploration or Eligibility Study.
.,, (4) The financial requirements as referred to in paragraph (1) are at least included:
., a., a. funding capabilities; and
., b. Evidence for guaranteed auction guarantees a minimum of 2.5% of the first-year Exploration fee plan from the local bank on behalf of the Working Area Auction committee.
.,, (5) The warranty of the auction as referred to in paragraph (4) the letter b will be returned to the Fates which lost the auction.
Section 23
.,, (1) The method of delivery of the quotation document as referred to in Article 21 of the letter b is done by the two-stage method, namely:
., a., a. phase of consciousness, including:
.,
., 1. The Business Agency delivers administrative, technical and financial requirements in one cover;
.,, 2. on the cover of inscribed address of the Working Area Auction Committee, which holds the Work Area Auction with the phrase "Workplace Workflow Transaction Document"; and
.,, 3. on the outer cover of the offer document received by the Workspace Auction the Workspace is given date and reception hours. The offer document delivered after the final deadline of admission, is not accepted.
B. second stage, including:
.,
., 1. The Working Area Auction participants, which has been passed by the Working Area Auction Committee on the evaluation of the first phase, must include the price of steam or electric power in the cover;
.,, 2. The value of the price of the price of a vapor or electric power is clearly listed in numbers and letters;
.,, 3. Offer documents are confidential and are only addressed to the specified address; and
.,, 4. Offer documents received, on the outer cover are given dated dates and hours of admission by the Working Area Auction Committee.
.,, (2) The offering evaluation method as referred to in Article 21 of the letter c is done based on the evaluation of technical, financial and vaporic or electric power prices or the lowest of the price offerings.
.,, (3) The procedure of determining the winner of the Working Area Auction by method as referred to in Article 21 of the d letter includes:
., a., a. single phase
., 1. Pre-qualified announcement;
2. Prakuqualifying document retrieval;
3. The inclusion of pre-qualifying documents;
4. Prequalify evaluations;
5. clarification and confirmation of pre-qualifying documents;
6. The previews of the prequalification results;
7. announcement of pre-qualifying results;
8. The term of the prequalification.
B. second stage
., 1. invitation to the participant who passed the qualification;
2. Lelang Document retrieval;
3. explanation;
4. The drafting of the Lelang Document explanout event and its changes;
5. The price of the offering of the price of steam or electric power;
6. Opening the offer cover;
7. The ranking designation;
8. Notice/announcement of the winner;
9. The sanggah days;
10. disclaimer of disclaimer; and
11. The appointment of the winner.
.,, (4) Further provisions on the implementation of the evaluation of the offering as referred to in paragraph (2) are set in the Minister ' s Regulation.
The Third Part
Work Area Auction
The Preliminary Survey Results
Section 24
.,, (1) the Minister based on the Preliminary Survey Assignment Data conducted by other Parties sets the Workspace.
.,, (2) the Minister, governor or regent/mayor in accordance with his authority announcing the Workspace as referred to in paragraph (1) is openly to be offered to the Business Agency.
., (3) The Terms and Conditions of the Work Area auction as referred to in paragraph (1) are performed with the manner of the auction as referred to in Article 21, Section 22, and Section 23 of the paragraph (1), paragraph (2) and paragraph (3) of the letter except for the Party. Others who have been assigned a Direct Survey assignment are found to be in the wrong side of the survey.
Section 25
The determination of the Working Area Auction winner as referred to in Section 23 of the paragraph (3) for the Preliminary Survey of the Preliminary Survey results is done as follows:
., a., a. The Working Area Auction Committee on the second stage provides an opportunity for the auction of auction attendees who passed the Preliminary Survey and the Other Party who got the introduction of a Survey Introduction to deliver the price of a steam or electric power offering.
., b. Minister, governor or bupati/mayor in accordance with his authority sets the winner of the Working Area auction based on the lowest price of the price of steam or electric power in a way:
.,
.,, 1. The auction of the auction participants is done based on the evaluation of technical, financial and steam prices or the lowest electric power supply among the price offers.
., 2. in the event of a steam price offering or an electric power submitted by the Other Party higher than other auction participants, then to Other Parties is granted the right to make changes at least equal to the lowest bidding. the price of steam or electric power raised by the other auction participants.
., 3. in terms of the Other Parties willing to perform the Offer change as referred to in number 2, then the Other Party in question is set to be the winner of the Work Area auction by the Minister, the governor or the regent/mayor according to His authority.
., 4. in terms of the Other Parties are not willing to make a bidding change as referred to in number 2, then the Minister, the governor or the regent/mayor in accordance with his authority sets the Entity ID which offers a vapour price offering or the lowest electric power as a Working Area auction winner;
. .5. The Working Area auction-winning entity as referred to in the number 4 is required to pay compensation for the data (awarded compensation) to the Other Side.
The fourth part
The disclaimer
Section 26
.,, (1) The aggrieved Working Area Auction Participant, either on its own and together with other participants, may submit a disclaimer if found:
.,
., a., a. an aberration to the provisions and procedures set forth in the Lelang Document;
B. particular engineering so that the occurrence of unsanitary competition; and/or
.,, c. misuse of the authority by the Committee for the Auction of the Workspace and/or other authorized officials.
.,, (2) The disclaition as referred to in paragraph (1) is submitted in writing to the Minister, governor or regent/mayor in accordance with his authority at least 5 (five) business days after the announcement of the winner of the Work Area Auction.
.,, (3) the Minister, governor or regent/mayor in accordance with his authority is required to provide the most lasting answer 5 (five) days of work since the disclaimer of the letter is accepted.
(4) If the disclaiers as referred to in verse (2) are true, then the process of the Workspace Auction must be repeated.
The Fifth Part
The Reauction
Section 27
.,, (1) The Work Area Auction as referred to in Section 21, Section 22, and Section 23, is repeated if the number of Entity Bodies inserts an offer of less than 2 (two) participants.
.,, (2) If the Rework Area Auction has been referred to in paragraph (1) it turns out to be followed only less than 2 (two) participants then participants of the Working Area Auction that meet administrative, technical and financial requirements may Directly appointed.
.,, (3) Preliminary Survey Assignment of the Preliminary Survey as referred to in Articles 24 and 25, if no other Entity has entered the offering, then the Other Party that gets the Preliminary Survey Assignment is all the way up to the Client's Enterprise. administrative, technical and financial requirements may be directly appointed.
BAB IV
IUP
The Kesatu section
IUP grant
Section 28
(1) The Geothermal resource enterprise of Earth includes:
., a., a. Exploration;
B. Feasibility study; and
C. Exploitation.
.,, (2) Earth ' s Hot Resource Company as referred to in paragraph (1) can only be executed by the Entity after it gets IUP.
.,, (3) the Minister, governor or regent/mayor in accordance with his authority gives IUP to the Working Area Auction winner ' s Board of Work.
.,, (4) Any Entity ID can only attempt to be granted 1 (one) Workspace.
.,, (5) In the event the Entity will attempt to be more than 1 (one) Workspace, it must be formed separate legal entity for each Workspace.
.,, (6) In the most prolonged period of 6 (six) months after IUP is specified, the IUP holder as referred to in paragraph (3) is required to begin its activities.
Section 29
., (1) The term for an Exploration as referred to in Article 28 of the paragraph (1) of the letter a valid 3 (three) years since IUP is published and can be extended at most 2 (two) times each during 1 (one) year.
.,, (2) The application of the extension is submitted in writing to the Minister, governor or regent/mayor in accordance with his authority the slowest 3 (three) months prior to the expiration of the term of Exploration.
.,, (3) the exploration extension as in intent on paragraph (1) may be provided if it meets technical and financial requirements.
Section 30
.,, (1) If having finished the Exploration, the holder of the IUP is required to submit a plan for the Study of Eligibility as referred to in Article 28 of the letter b to the Minister, the governor or the regent/mayor according to his authority.
.,, (2) The term to perform the Eligibility Study as referred to in Section 28 of the paragraph (1) letter b is valid at least 2 (two) years since the term of the Exploration ended.
Section 31
.,, (1) IUP holders are required to provide a report of the results of the Eligibility Study in writing to the Minister, the governor or the regent/mayor in accordance with his authority before conducting the Exploitation by being attached:
.,
., a., a. short term plans and planned Exploitation long-term plans that include a work plan and budget plan; and
., b. environmental feasibility decision based on the results of the analysis on the environmental impact or approval of the Environmental Management and Environmental Monitoring Efforts.
.,, (2) The Plan of Exploitation as referred to in paragraph (1) of the letter a includes:
., a., a. the location of the development drill point;
B. production wells development activities;
C. financing;
D. Production channel setup; and
e. Earth's heat utilization plan.
Section 32
.,, (1) The term to perform Exploitation as referred to in Article 28 of the paragraph (1) of the letter c applies at least 30 (thirty) years since the term of the Exploration ended.
.,, (2) The term for performing Exspoitation can be extended at most 20 (twenty) years for each time an extension.
.,, (3) In giving the consent of the extension to perform Exploitation as referred to in paragraph (1), the Minister, governor or regent/mayor in accordance with his authority considering the potential factors of the Earth ' s Heat reserves of the Region Work in question, potential, or market certainty/needs, technical, economic, and environmental feasibility.
Section 33
The IUP holders who have performed the exploit may perform the Earth's heat utilization activities directly or indirectly in accordance with the provisions of the laws.
Section 34
The holder of the IUP reserves the right to obtain the suspension of the term of exploitation as referred to in Article 32 of the paragraph (1) of the Minister, the governor or the regent/mayor according to his authority to obtain the Geothermal utilization permit. in accordance with the provisions of the laws.
The Second Part
Temporary Termination
Section 35
.,, (1) The temporary outage of the Earth's Hot Resource company may be given to the IUP holders in the event of a kahar (force majeure) and/or circumstances that obstructing it, resulting in the termination of some or all activities. The Earth's Hot Mining effort.
.,, (2) the temporary termination of the Earth's Hot Resource enterprise as referred to in paragraph (1) does not reduce the term of the IUP.
.,, (3) the temporary termination of the company of the Earth's heat source is delivered to the Minister, the governor or the regent, the longest 14 (fourteen) days from the occurrence of the kahar and/or the circumstances of the obstructing power. Thus resulting in the termination of some or all of the company's Geothermal Resources.
.,, (4) the Minister, governor or regent/mayor according to his authority is required to issue a written decision received or rejected as to the cause of the request as referred to in paragraph (3) at least 30 (thirty) days since receipt of the request. The request.
.,, (5) The term of a temporary outage due to the circumstances of the kahar and/or circumstance that obstructing the most prolonged 1 (one) year since the date of the request was received by the Minister, the governor or the regent/mayor as per his authority as referred to in verse (3) and may be extended at most 1 (one) times for 1 (one) year.
., (6) Further provisions of the temporary termination of the Geothermal Resources ' enterprise due to the circumstances of the kahar and/or the obstructing circumstances are set up in the Ministerial Ordinance.
The Third Part
The Return of the Workspace
Section 36
The extent of the Workspace for Exploration as referred to in Article 28 of the paragraph (1) the letter a which may be given to the Entity that has obtained the IUP should not exceed 200,000 (two hundred thousand) hectares.
Section 37
.,, (1) The Area of Work for Exploitation as referred to in Article 28 of the paragraph (1) the letter c that can be provided to the holder of the IUP shall not exceed 10,000 (ten thousand) hectares.
.,, (2) To get the Exploitation Workspace that extends beyond the provisions as referred to in paragraph (1), the IUP holders must first obtain the consent of the Minister, the governor or the regent/mayor according to its authority with the It is attached to a report of the installed capacity of the Earth's Hot
Section 38
.,, (1) IUP holders may return a portion of its Work Area to the Minister, governor or regent/mayor in accordance with its authority before the term IUP ends.
.,, (2) In the case of the IUP Licensee returns the entire Working Area as it is referred to in paragraph (1), it is first required to deliver the data and other obligations set forth in the IUP.
Section 39
.,, (1) If in the term of Exploration as referred to in Section 29 of the no-earth Hot Energy reserves that can be commercially produced, then the IUP holders are required to restore all of its Work Territory to the Minister, The governor or the mayor's office is in compliance with his authority.
.,, (2) IUP holders are required to restore the entire Working Area to the Minister, the governor or the regent/mayor as per his authority after the term IUP ends.
Section 40
.,, (1) At the time or before the end of the term of the Study of Eligibility, the holder of the IUP is obliged to restore gradually a portion of the Territory that is not used again to the Minister, the governor or the regent/mayor according to his authority.
.,, (2) In the most prolonged period 2 (two) years after the IUP holders complete the activities of the Compulsory Eligibility to restore the Workspace Beyond so that the Working Area maintained for the Exploitation should not exceed 10,000 (ten thousand) acres.
., (3) In terms of the area of the Workspace for the original exploration of less than 200,000 (two hundred thousand) hectares, the IUP holders can maintain the Working Area for an exploitation of 10,000 (ten thousand) hectares as referred to in Article 37 verse (1).
Section 41
.,, (1) IUP holders before returning the Working Area as referred to in Article 38, Section 39 and Section 40 are required to perform reclamation activities and preservation of environmental functions.
., (2) The Workspace of the Workspace as referred to in Article 38, Article 39, and Article 40 is legal after receiving written consent from the Minister, the governor or the regent/mayor according to his authority.
., (3) Further provisions on the terms and terms of the return of partial or whole of the Exploration Working Region as referred to in paragraph (1) are governed in the Regulation of the Minister.
The Fourth Part
The end of the IUP
Section 42
IUP ends because:
a. expires;
B. returned;
C. cancelled; or
D. revoked.
Section 43
In terms of the term specified in the IUP has expired and the application of the IUP extension was not submitted or the IUP extension request did not meet the requirements, the IUP expired.
Section 44
.,, (1) IUP holders may resubmit IUP with written statement to the Minister, governor or regent/mayor in accordance with his authority if the results of the Exploration do not provide the expected economic value.
(2) The (2) Return of the IUP as referred to in verse (1) is declared valid after approval by the Minister, the governor or regent/mayor in accordance with its authority.
Section 45
Minister, governor or regent/mayor in accordance with his authority may revoke the IUP if the holder of the IUP:
., a., a. not to complete the rights of land fields, grow crops, and/or buildings damaged by the company's heat resource enterprise in accordance with the provisions of the laws of the laws;
., b. not to perform an exploration of the Cloud Service during the term of the Cloud Service.
.,, c. did not perform the Study of Eligibility in the term 6 (six) months since the granting of IUP in terms of Exploration carried out by the Minister;
., d. not to exploit within 2 (two) years of the term of the Explore expired term;
., e. within 1 (one) year since IUP holders have obtained the Earth ' s Heat utilization venture permit not performing any utilization activities;
., f. Not paying for state acceptance of taxes and state acceptance is not a tax according to the provisions of the laws of the laws;
., g. not to meet the requirements specified in accordance with the laws of the laws; or
., h. not meeting the safety and health requirements of work, environmental protection, and the Earth ' s thermal mining technes.
Section 46
In the case of IUP ends as referred to in Article 43, Section 44 and Article 45 then all rights of the IUP holders expire.
Section 47
.,, (1) In terms of IUP ending up as referred to in Section 43, Section 44, and Section 45, the IUP holders are required:
.,
., a., a. Pay off all financial obligations as well as fulfill and complete all obligations in accordance with the provisions of the laws of the law;
., b. perform all specified provisions relating to the end of the IUP;
., c. doing security efforts against objects and buildings and the state of the surrounding land that could harm general security;
., d. Six (six) months from the end of the month after the end of the month, and for the duration of the term, the term of the Cloud Service is not in the possession of any other purpose.
., e. restore the entire Workspace and is obliged to submit all data, whether in analog and digital form that has to do with the implementation of the Geothermal resources enterprise to the Minister, the governor or the regent/mayor in accordance with His authority.
.,, (2) In terms of objects, buildings, and equipment as referred to in paragraph (1) the letter d cannot be lifted outside of the former Workspace concerned, then by the Minister, the governor or the regent/mayor as per his authority may is given permission to move it to third party.
.,, (3) The Workspace (s) as referred to in paragraph (1) the letter e is declared valid after the IUP holder fulfills its obligations and gets written approval from the Minister, the governor or the regent/mayor according to its authority.
., (4) Further provisions of the safeguarding and transfer of property rights as referred to in paragraph (1) letter c and the letter d are governed in the Regulation of the Minister.
BAB IV
THE RIGHTS AND OBLIGATIONS OF IUP HOLDERS
The Kesatu section
IUP Holder ' s right
Section 48
(1) IUP Licensee is entitled to:
.,
., a., a. Conducting the Earth's Hot Mining Activities of Exploration, Eligibility, and Exploitation in its Work Area after meeting the provisions of the laws of the law;
., b. use data and information during the term of IUP in its Working Area;
., c. can obtain a taxation facility in accordance with the provisions of the laws.
.,, (2) In performing the Geothermal Mining Activities of the Exploration, Eligibility Study, and Exploitation as referred to in paragraph (1) the letter of the IUP Holder is entitled to:
., a., a. entering and conducting activities in the Working Area concerned;
B. using common means and infrastructure;
c. utilizing the Earth ' s Heat resources for immediate utilization;
D. selling the generated Hot Earth steam; and/or
e. get an IUP term extension.
Section 49
The IUP holders are entitled to all of the Earth's Hot mining business activities as referred to in Article 48 of the continuity after meeting the requirements:
a. safety and work health;
B. environment protection; and
c. Technical Geothermal Mining.
Section 50
In the Exploration stage, the IUP holders are entitled to the Exploration by using good and correct methods and equipment, including:
a. Geological inquiry;
B. Geophysical inquiry;
c. geochemical inquiry;
D. temperature-level drilling; and
e. drilling of exploration wells and production tests.
Section 51
In the Study of Eligibility Study, the IUP holders are entitled to a standard evaluation of the backup and technical feasibility, economic, and environment based on the usual standard.
Section 52
In the Exploitation stage, the IUP holders are entitled to do all activities according to the results of the Eligibility Study, including:
a. drilling of development wells and reinjection wells;
B. construction of the field facilities and production operation of the Earth ' s Heat resources;
c. production well construction;
., d. Infrastructure development to support the Earth's heat exploitation and the capture of geothermal vapour.
The Second Part
IUP Holder ' s obligation
Section 53
(1) mandatory IUP holders:
.,
., a., a. understand and adhere to the laws in the areas of safety and work health, environmental protection, as well as meet applicable standards that include:
., 1. running the business in accordance with the permissions of the entitled;
.,, 2. Developing the field and utilizing the exploitation results of any potential that has been found;
.,, 3. meet the safety and health requirements of work, environmental protection and the technical thermal mining of Earth;
.,, 4. deliver a long-term plan of Exploration and/or a feasibility study that includes plan activities and budget plans;
., .5. deliver the short-term and long-term plan of exploitation that includes plan activities and budget plans, and
6. Set up a pascatverge plan document.
., b. manage the environment to include preventive activities and countermeasures of pollution and recovery of the environmental function of the living and performing reclamation;
., c. paying state acceptance of tax and state acceptance is not a tax in accordance with the provisions of the laws of the law;
., d. Emphasis on the utilization of goods, services, technology and engineering and design capabilities and to build a transparent and competitive country;
., e. provide support for the research and development activities of Earth ' s Geothermal Science and Technology;
., f. provide support for the creation activities, competency development, and coaching of human resources in the Earth's Hot Fields;
G. implement the local community development and empowerment program;
., h. provide periodic written reports of the work plan and the implementation of the Earth's Hot Mining activities to the Minister, the governor or the regent/mayor in accordance with his authority.
., (2) the periodic written reports as referred to in paragraph (1) of the letter h are executed as follows the terms of the following:
.,
., a., a. for the Explore and Eligibility Study activities delivered in the form of quarterly reports, annual reports, and annual work plans; or
., b. For the activities of the Cloud Service, the Cloud Service can be used for the Cloud Service, and is not available for the Cloud Service.
Paragraph 1
Safety and Health Work
Section 54
IUP holders are required to meet the work health and safety performance as referred to in Article 53 (1) of the letter a number 3 includes:
., a., a. the availability of the organization and the safety and health care personnel (K3) including mining engineering chiefs;
., b. The administration of safety and work health management (K3);
.,, c. compliance with the warranty of Appliance safety, work environment, method and work process; and
D. the availability of accident handling and accident procedures and work health.
Paragraph 2
Environment Protection
Section 55
The IUP holder is required to meet the environmental protection performance as referred to in Article 53 of the paragraph (1) letter a digit 3, rated from several aspects:
., a., a. environment eligibility decisions based on analysis of environmental impact or approval of environmental management efforts and environmental monitoring efforts;
., b. The fulfilment of all the environmental standards and the raw criteria for environmental damage;
., c. report on the results of execution of environmental management plans and environmental monitoring plans or environmental monitoring efforts and environmental monitoring efforts; and
D. utilization of eco-friendly technology.
Paragraph 3
Earth ' s Hot Mining Technical
Section 56
The IUP holders are required to meet the technical performance of the Hot Earth mining as referred to in Article 53 of the paragraph (1) letter a figure 3 includes:
., a., a. the implementation of good and right mining techniques and the standard of Exploration or the Exploitation Of Geothermal Exploitation;
B. ability to carry out Exploration over the entire Workspace;
.,, C. The magnitude of the funds/investments for the purposes of Exploration and the Exploitation Of Geothermal Exploitation;
D. set the way to calculate resources and backup;
e. the planning and construction of Earth ' s Heat development; and
f. Efficiency in producing the Earth ' s heat source.
Section 57
Further provisions on the performance of safety and work health (K3), environmental protection, and mining technical, are governed in accordance with the provisions of the laws.
Paragraph 4
Exploration ' s Long-Term Plan
and the exploitation
Section 58.
.,, (1) IUP holders before the start of the taxable year, are required to deliver a long-term plan of Exploration and/or Eligibility Study as referred to in Article 53 paragraph (1) letter a number 4, to the Minister, governor or bupati/mayor in accordance with its authority at least 3 (three) months from the stage of Exploration or the Study of Eligibility begins.
.,, (2) The Explore long-term plan as referred to in paragraph (1) includes plan of activities and budget plans.
Section 59
.,, (1) IUP Licensee before the start of the taxable year, is required to deliver a short-term plan and the long-term plan of exploitation as referred to in Article 53 paragraph (1) letter a number 5, to the Minister, the governor or the regent/mayor appropriate With his authority the slowest 1 (one) year since the activities of the Eligibility Study ended.
.,, (2) The Exploitation long-term plan as referred to in paragraph (1) includes plan of activities and budget plans including the bulk of the reserves.
Section 60
.,, (1) Adjustment to the long-term plan of Exploration and Exploitation as referred to in Article 58 and Section 59 may be conducted annually according to the conditions faced through the annual employment plan and spending budget.
.,, (2) the annual shopping and budget plan as referred to in paragraph (1) is submitted to the Minister, governor or regent/mayor in accordance with its authority the slowest 2 (two) months before the annual spending plan and budget Walk.
Paragraph 5
Pascatverge plan
Section 61
., (1) Licensee's use of the Program is subject to the terms of the IBM International Program License and the IBM International Program License ("IBM"), and (2) the following: The governor, or the mayor, is in accordance with his authority to obtain approval.
.,, (2) the pascatquarer plan documents as referred to in paragraph (1) include among others:
., a., a. installation of installation and reclamation plans;
., b. the handling of the living environment includes a post-threshold land reclamation plan tailored to the Tata Space Detail Plan (RDTR) at the time of analysis on the environmental impact approved; and
., c. the handling of community social programs on the transition period and sustainable development programs.
Section 62.
.,, (1) IUP holders are required to allocate collateral funds for pascatverge activity of the Earth's Hot Resources at the bank.
., (2) The obligation as referred to in paragraph (1), carried out since the start of the term of exploitation and executed through the work and budget plan.
., (3) Placement of the funds allocation as referred to in paragraph (1) and paragraph (2), agreed by IUP Holder, Minister, governor, and regent/mayor who serve as special reserves of reclamation activities and pascaters in the Workspace Concerned.
., (4) Further provisions on the manner of the deposit, the quantity and the thawing of the post-threshold guarantee are set in the Minister's Regulations.
Paragraph 6
The State Accepting
Section 63
.,, (1) IUP holders are required to pay state acceptance of tax and state acceptance not as tax as referred to in Section 53 paragraph (1) letter c in accordance with the provisions of the laws.
.,, (2) The state acceptance of the tax as referred to in paragraph (1) consists of:
., a., a. taxes;
B. import duties and other levies on excise and import; and
c. regional tax and regional levy.
.,, (3) The acceptance of the country instead of the tax as referred to in paragraph (1) consists of:
.,
., a., a. The country's levies are fixed and the production and levies of the other states in accordance with the provisions of the laws of the laws; and
B. Bonus.
.,, (4) Further provisions concerning the dues and fees of state acceptance not tax as referred to in paragraph (3) are governed by its own Government Regulation.
Paragraph 7
Utilization of Goods, Services, Technology as well as
Engineering and Designing Capabilities
In Country
Section 64
.,, (1) IUP holders are required to maintain the utilization of goods, services, technology and engineering and design capabilities in the country as referred to in Article 53 of the paragraph (1) of the standard letter of the law in accordance with the rules of the law. It's
.,, (2) In terms of the IUP holders using the service companies both foreign service companies and domestic service companies are required to meet the classification provisions and qualifications of the Earth ' s Hot Mining service efforts.
., (3) Further provisions concerning the hosting of the Earth 's Hot Mining services as referred to in paragraph (2) are set in the Minister' s Regulation.
Section 65
., (1) In terms of goods and equipment, services, technology as well as engineering and design capabilities as referred to in Article 64 of the verse (1) not yet produced within the country, IUP holders can acquire facilities to import goods and services.
.,, (2) the goods and services as referred to in paragraph (1) must meet the standard/quality requirements, the efficiency of the operating costs, the warranty of time of submission and may provide a guarantee of the sale of the sale.
.,, (3) Further provisions on the form and layout of the facilities of the facility as referred to in paragraph (1) are governed in the Regulation of the Minister of Finance.
Paragraph 8
Development Program and
Community empowerment
Section 66
.,, (1) The IUP holders at the Exploitation Stage stage carry out the local community development and empowerment program as referred to in Article 53 of the paragraph (1) letter g.
., (2) the local community development and empowerment program as referred to in paragraph (1) includes the participation in developing and leveraged the potential of the people's ability by means:
.,
., a., a. using the local workforce, services and products according to the required competencies/specifications;
B. help community social services;
.,, c. assist in improving health, education and community training; and/or
D. help with the development of the means and the infrastructure.
Section 67
In conducting local community development and empowerment activities as referred to in Section 66, IUP holders coordinate with the local provincial/municipal government/municipal government.
BAB V
GEOTHERMAL DATA
Section 68
.,, (1) All data and information obtained in accordance with the provisions in the IUP are state-owned data and the setting of its provisions is carried out by the Minister.
.,, (2) the Minister sets out the management arrangements and utilization of data and information obtained from:
.,
., a., a. Preliminary Surveys conducted by the Minister, the governor, and/or the mayor/mayor as well as the Other Parties;
B. Exploration carried out by the Minister and the IUP Holder; and
C. It's an Eskploitation that is done by the IUP.
Section 69
.,, (1) the management of the data as referred to in Section 68 of the paragraph (2) includes the acquisition, administration, processing, structuring, storage, maintenance and extermination of data.
.,, (2) The data monitoring as referred to in Section 68 of the paragraph (2) is used for:
., a., a. the designation of the potential classification and the Workspace;
., b. Drafting of the National Plan of Willingness National and Electric Power Supply Plan;
c. High utilization planning of the Earth for immediate utilization;
D. determination of the national Earth ' s potential resources and heat reserves; and
e. the development of Earth's science and technology.
Section 70
.,, (1) Delivery, submission, and/or transfer of data obtained from the Preliminary, Exploratory, and Exploitation Survey as referred to in Section 68 of the paragraph (2) is required to obtain the Minister's permission.
.,, (2) the Minister sets the type of data that is required to obtain the permission as referred to in paragraph (1).
Section 71
.,, (1) IUP holders may manage the results of the Explore and Exploitation Activities in its Work Area as referred to in Section 69 of the paragraph (1) over the term of the IUP, except for the destruction of data.
.,, (2) IUP holders are required to store the data used as referred to in paragraph (1) in the Indonesian Mining Law Area.
Section 72
.,, (1) If the IUP ends as referred to in Section 42, Section 43, Section 44 and Section 45, the IUP holders are obliged to submit all data obtained from the results of the Exploration and Exploitation to the Minister, the governor or the regent/mayor accordingly With his authority.
.,, (2) IUP holders are required to submit to the Minister, governor or regent/mayor in accordance with his authority all data obtained from the results of Exploration and Exploitation in His Work Area if the Workspace is returned as referred to in Article 38, Section 39, and Section 40.
.,, (3) the Governor and the regent/mayor are required to deliver the data obtained from the IUP holders as referred to in paragraph (1) and paragraph (2) to the Minister.
Section 73
Further provisions regarding the management and utilization of the data as referred to in Article 69, Section 70, Section 71 and Section 72 are set forth in the Regulation of Ministers.
Section 74
The data is classified as follows:
., a., a. General data, which is data about the identification and geographic location of potential, Earth's heat reserves, as well as the Thermal Exploitation of the Earth;
., b. basic data, which is the description or magnitude of the recorded or recording results of the investigation of geology, geophysics, geochemistry, temperature cleverness, the activities of Exploration and Exploitation;
.,, c. processed data, i.e. data obtained from basic data analysis and analysis results; and
., d. Interpretation data, which is data obtained from the interpretation of basic data and/or processed data.
Section 75
.,, (1) Basic Data, processed data, and interpretation data as referred to in Section 74 are confidential for a particular period of time.
.,, (2) Data Privacy as referred to in paragraph (1) each is as follows:
., a., a. basic data, set 4 (four) years;
B. Processed data, specified 6 (six) years; and
c. The interpretation data, set 8 (eight) years.
.,, (3) If a Workspace is returned to the Minister, the governor or regent/mayor as referred to in Article 38, Section 39 and Article 40, then all data from the Workspace in question is no longer classified as data It's a secret.
BAB VI
COACHING AND SUPERVISION
Section 76
.,, (1) The Minister conducts coaching and oversight of the hosting of the Earth ' s Heat mining efforts carried out by the governor, the regent and the mayor.
.,, (2) The coaching and Oversight as referred to in paragraph (1) includes the assignment of policy, guidelines, guidance, facilitation, direction, supervision, monitoring and training in terms of:
., a., a. implementation of the Preliminary Survey;
B. Work Area Offerings;
C. perizinan;
D. coaching and supervision of the IUP Holder; and
e. Earth's management of data and information.
., (3) Further provisions regarding coaching and supervision as referred to in paragraph (2) are governed in the Regulation of the Minister.
Section 77
The minister, governor or regent/mayor is in accordance with his authority conducting the coaching and supervision over the implementation of the Earth's Hot Mine activities performed by the IUP holders.
Section 78
Coaching and supervision as referred to in Section 77 includes:
a. The exploration consists of:
., 1. engineering rule;
2. Standard;
3. Planning;
4. Budget costs;
5. implementation of activities (timeliness);
6. Reporting; and
7. Estimates of resources and reserves.
B. The exploitation consisting of:
., 1. engineering rule;
2. Standard;
3. Planning;
4. Backup;
5. Production;
6. Implementation report; and
7. Optimize the heat utilization of Earth ' s heat;
C. The finance consists of:
., 1. budget planning;
2. The realization of expenses;
3. investment; and
4. The fulfilment of payment obligations.
D. The Earth ' s Hot Data Processing consists of:
., 1. resource and backup;
2. The resction area and output;
3. injection well;
4. produx/development wells;
5. reservoir characteristics; and
6. Production.
e. Conservation of the excavation materials consisting of:
., 1. optimizing the potential utilization of Earth ' s heat resources; and
2. The utilization of the mineral ikutan.
f. Safety and work health, consisting of:
.,
.,, 1. organization and personnel safety and occupations of work (K3) including mine engineering chief;
2. The administration of safety and work health management (K3);
3. The safety of equipment, work environment, method and work processes; and
4. HANDLING AND ANALYSIS OF WORK ACCIDENTS.
G. The environmental management of life and reclamation consisting of:
.,
., 1. The preparation and execution of the analysis of environmental impact or environmental management efforts and environmental monitoring efforts; and
2. Reclamation.
., h. The use of goods, services, technology, and engineering skills and design is built in the country.
i. Indonesian workforce development consisting of:
., 1. work and technology capabilities; and
2. The empowerment and use of local labor force.
J. Environmental development and the local community consisting of:
., 1. integration of community development programs;
2. A partnership between the IUP Holder with the community; and
3. The realization of the use of community development funds.
., k. The mastery, development, and application of Earth's Hot-mining technologies, consisting of:
., 1. Exploration and Exploitation technologies;
2. implementation of engineering and standard rules;
3. Backup calculations and Earth ' s heat source capacity; and
4. The technology overcoming the constraints of exploitation.
., l. Other activities in the area of the Earth ' s Heat mining venture activities along concern the common interests consisting of:
.,
.,, 1. implementation of the provisions of the production drill location distance to the public facility;
.,, 2. The completion of the damages for damages caused by the Hot Earth activities; and
3. Security of public facilities and shrines as well as cultural reserves.
M. Heat Management of the Earth; and
N. The application of the economy and engineering rules is made up:
., 1. Feasibility analysis procedure;
2. The utilization of new technologies;
3. The efficiency, the speed of activities, and the operating costs;
4. Analysis of change sensitivity/sensitivity; and
., .5. The feasibility study includes planning; analysis of environmental impact or environmental management efforts and environmental monitoring efforts; economies; backup evaluations; and execution.
Section 79
Supervision of the exercise of safety, and the working health, environmental protection and engineering of Earth Heat mining are carried out by the Mine Inspector in accordance with the provisions of the laws.
Section 80
The governor, regent, and mayor in accordance with the respective authorities are required to report the results of the implementation of the Earth's Hot Mining efforts on their territory every 6 (six) months to the Minister.
BAB VII
ADMINISTRATIVE SANCTION
Section 81
.,, (1) the Minister, governor or regent/mayor in accordance with its authority on administrative sanction to the IUP holder for the breach of the provisions as referred to in Article 28 of the paragraph (6), Section 30 of the paragraph (1), Section 31 of the paragraph (1), Section 38 of the paragraph (2), Article 39 of the paragraph (1), paragraph (2), Section 40 of the paragraph (1), paragraph (2), Section 41 of the paragraph (1), Article 53 of the paragraph (1), Section 54, Article 55, Section 56, Article 58 of the paragraph (1), Section 59 of the paragraph (1), Section 61 of the paragraph (1), paragraph (2), paragraph (2), Section 63 of the paragraph (1), Section 64 of the paragraph (1), Section 64 of the paragraph (1), Section 64 of the paragraph (1), Section 64 of the paragraph (1), Article 64 of the paragraph ( verse (2), Article 66 of the paragraph (1), Article 70 of the paragraph (1), Article 71 of the paragraph (1), paragraph (2), Section 72 of the paragraph (1) or paragraph (2).
(2) administrative sanction as referred to in paragraph (1) shall be:
., a., a. written warning;
B. The entire activity of Exploration or Exploitation; or
c. revocation clearance.
Section 82
., (1) the written warning as referred to in Article 81 of the paragraph (2) of the letter a is subject to the holder of the IUP if it violates the provision as referred to in Article 81 of the paragraph (1).
.,, (2) the written warning as referred to in paragraph (1) is given at most 3 (three) times in the warning term of each one (one) month.
Section 83
., (1) In the case of the IUP holder who received written notice after the end of the third written warning as referred to in Article 82 of the paragraph (2) has not exercised its obligations, the Minister, the governor or the regent/mayor In accordance with the authority of the administrative sanction, the whole of the exploration or exploitation of the activity, as referred to in Article 81, paragraph (2) of the letter b.
.,, (2) the administrative sanction of the temporary outage of the entire activity as referred to in paragraph (1) is imposed for the longest term of 3 (three) months.
.,, (3) administrative sanctions as referred to in paragraph (2) at any time may be revoked if the IUP holders in the imposition of the sanction meet its obligations.
Section 84
An administrative sanction is a revocation of the permit as referred to in Section 84 of the paragraph (2) letter c is imposed to the IUP holders who are affected by the administrative sanction as referred to in Article 83 of the paragraph (2) not carrying out its obligations until the the end of the term of the imposition of the suspension of suspension while all exploration and exploitation activities.
BAB VIII
THE TRANSITION PROVISION
Section 85
When this Government Regulation is in effect, the Power of the Earth's Hot Enterprise Permits for the Dissenters of the Earth and/or the Contractual Agreements or the Uap Purchase Contract or the Electric Power in the existing Workspace before the enactment of this Government Regulation, stated to remain in effect until the end of the Power, Permission or Contract is referred and may be extended by following the provisions of this Government Regulation.
Section 86
If in the Working Area as referred to in Section 85, it has not been done by the slowest Eskploitation activities until 21 October 2010, then Licensee and the license and contract are required to return the Working Territory to the United States. Government by following the provisions of this Government Regulation.
Section 87
The hosting of the Earth's Hot Mining management authority is good in the form of Power, Permission or Contracts as referred to in Article 85 exercised by the Minister.
BAB IX
CLOSING PROVISIONS
Section 88
This Government Regulation shall be in effect from the date of promulgations.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on November 5, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on November 5, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4777 | (Explanation Of 2007 State Sheet Number 132) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
Number 59 YEAR 2007
ABOUT
GEOTHERMAL ACTIVITY
I. UMUM
.,, the Earth's thermal resources are the gift of God Almighty that provides benefits to sustainable development, gives an overall added value, increases state revenue, and the public to encourage. The growth of the national economy for the sake of increased welfare and prosperity
.,, the State of Indonesia coincides with the longest volcanic path in the world. As a country traversed by volcanic lines, the potential for Earth's thermal resources spread from Sumatra Island, Java Island, Bali Island, Nusa Tenggara Island, Maluku Island to the island of Sulawesi. Given the great potential of Indonesia's thermal resources, the role of the Earth's heat utilization may be further enhanced, in line with the national energy policy, especially in aspects of conservation and diversification of energy and can be exploited. directly for the drying of agricultural produce, heating of the hospitals/hospitals in the cold area, as a recreation and treatment area, so it is very reasonable that the Earth ' s Heat enterprise is used as one of the improvement tools of the welfare and prosperity of the people of Indonesia
.,, the Earth's thermal enterprise on the upstream side is dense of capital and dense technology with high risk. Therefore, in order to mitigate the risk of failure in the Geothermal Exploration of the Earth, the Government and the Local Government need to conduct the Preliminary Survey and/or enhance the exploration activities to data the Earth's heat potential as a material Consideration in the preparation and setting of the Earth's Hot Workspace.
.,, that the Earth's Hot Business Activity stages include the activities of the Preliminary Survey, the assignment of the Workspace and the Auction of the Workspace, Exploration, Study of Feasibility, Exploitation, and Heating. Such activities may be done separately and/or in a unified way. However, all of these activities must be able to provide certainty in the development of the Earth's heat that has been the most important use of the Earth's heat for electrical power, although it cannot be expected that the Earth's heat can still be. Used for other purposes directly.
., because of its unique uniqueness with petroleum and petroleum and other mining materials, whose development is highly flexible, the new geothermal heat has an economic value if the proceeds of the upstream exploitation can be used. Therefore, the setting up of the Earth's Hot Company's upstream activities must be in line with the activities on the downstream side related to their own set of matches or follow the provisions of the laws.
.,, this Government Regulation governs the activities of the Earth's Hot upstream endeavour, which includes the setting for the hosting activities of the Earth's Hot mines, the activities of the Preliminary Survey, the Exploration and the exploitation of the steam, including the coaching and supervision, Workspace investigation mechanism, Earth Heat Working Area Auction, IUP, IUP holder ' s rights and holder obligations, as well as data and information.
., to ensure the execution of the Earth's heat company to achieve desired objectives and goals, the Government and the Local Government are required to undertake coaching and supervision.
.,, Guna provides a legal basis for the hosting of the Earth's Hot Company activities, efficiency, efficiency, justice, togetherness, economic optimisation in the utilization of resources, affordability, continuity, trust and confidence. relying on its own ability, safety and safety, the sustainability of the functioning of the environment, as well as legal certainty, it needs to be established with Government Regulation.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, pretty clear.
Section 3
.,, pretty clear.
Section 4
.,, Verse (1)
., what "service" means is the service that deals with the geothermal mining problem.
Verse (2)
., clear enough.
Section 5
.,, pretty clear.
Section 6
.,, pretty clear.
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, pretty clear.
Article 10
.,, pretty clear.
Article 11
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
.,, referred to by "related agencies" is the department and/or non-department Government agencies.
Consultation is intended to provide an explanation of the limits, coordinates, and broad plans of certain Working Areas that are considered to contain the Earth's Hot Resources into a Workspace.
Verse (5)
.,, pretty clear
Article 12
.,, Verse (1)
.,, the base price of data on the Workspace is classified under the conditions of the potential of the region, the essence of the Preliminary Survey Data and/or Exploration.
Verse (2)
.,, Pretty Clear.
Verse (3)
.,, Pretty Clear.
Verse (4)
.,, Pretty Clear.
Article 13
.,, Pretty Clear.
Section 14
.,, Verse (1)
.,, in order for the development of the area left behind, then exploration in the region can be carried out until the obtained backup data is proven.
Verse (2)
., clear enough.
Article 15
.,, pretty clear.
Section 16
.,, pretty clear.
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
., in question, the Power of the Program is an authority granted by the Government to the state-owned enterprise of the duty of the duty solely to carry out the efforts of the provision of electricity for the general interest and to be given a duty to the government. task to do electric power support work.
In question, the laws of the law are the rules of the term of the field of composure.
Section 20
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Verse (6)
.,, the letter a
.,, which is referred to by "related agencies" is the department and/or non-department government agencies.
Letter b
., clear enough.
Letter c
.,, pretty obvious.
Section 21
.,, pretty clear.
Article 22
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
.,, the letter a
., the ability of funding among others is the delivery of last year ' s audited financial statements.
Letter b
.,, the placement of the auction bail is a condition of the Agency as evidence of the concerned Agency concerned to follow the Work Area Auction.
Verse (5)
., clear enough.
Section 23
.,, pretty clear.
Section 24
.,, pretty clear.
Section 25
.,, pretty clear.
Article 26
.,, pretty clear.
Section 27
.,, pretty clear.
Article 28
.,, pretty clear.
Article 29
.,, pretty clear.
Article 30
.,, pretty clear.
Article 31
.,, pretty clear.
Section 32
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
., given that the Earth's heat company has a special characteristic of capital, high technology and the presence of the Earth's heat source in remote areas, then the IUP Holder is granted a guarantee to gain an extension of the exploitation time if have met the technical, economical and environmental requirements.
Section 33
.,, pretty clear.
Article 34
.,, pretty clear.
Section 35
.,, Verse (1)
.,, referred to as the "kahar state" (force majeure) among other wars, civil unrest, uprisings, epidemics, earthquakes, floods, fires and other natural disasters outside of human ability.
Referred to as "circumstances hinting" between others, blockades, strikes, labor disputes beyond the IUP holders ' errors and/or laws issued by the Government that hinder business activities. The quarry's running.
Verse (2)
.,, referred to by not reducing the IUP term is that the temporary suspension is not counted as the IUP ' s term.
Verse (3)
., clear enough.
Verse (4)
., clear enough.
Verse (5)
., clear enough.
Verse (6)
., clear enough.
Section 36
.,, pretty clear.
Section 37
.,, pretty clear.
Article 38
.,, Verse (1)
.,, these Terms of Use are intended to allow the Minister, the governor, and the regent/mayor in accordance with the authority of each designating another Entity Entity with the manner of the Work Area Auction in order to attempt the part of the submitted Workspace The IUP holders so that the utilization of the Earth's thermal resources can be implemented optimally.
Verse (2)
., clear enough.
Article 39
.,, Verse (1)
.,, referred to by commercial production in these provisions is the production that is commercially beneficial both for the country and the Enterprise.
Verse (2)
., clear enough.
Section 40
.,, Verse (1)
.,, these provisions are intended to make the Earth's Hot Field that the IUP holders are judged to be uneconomical (marginal) can be utilized optimally.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Section 41
.,, pretty clear.
Article 42
.,, pretty clear.
Article 43
.,, pretty clear.
Section 44
.,, pretty clear.
Section 45
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
., in question, the "laws" in this Government Regulation are the laws of the Earth's heat.
Section 46
.,, pretty clear.
Section 47
.,, Verse (1)
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
.,, the building that can be used for public interest, among other flying fields, hospitals, and roads.
Letter e
.,, pretty obvious.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Verse (4)
., clear enough.
Section 48
.,, Verse (1)
., clear enough.
Verse (2)
.,, the letter a
., clear enough.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
.,, the IUP time extension is given to ensure the determination of effort and optimization of Earth's thermal resource utilization after the Entity ID meets technical, economical, and environmental feasibility.
Section 49
.,, which is intended to be continuous as such activities are carried out in order to begin from the stage of Exploration, the Study of Eligibility and Exploitation.
Section 50
.,, pretty clear.
Section 51
., which is referred to "standard prevalent" is the Indonesian National Standard.
Section 52
.,, pretty clear.
Section 53
.,, Verse (1)
.,, the letter a
.,, Figure 1
., clear enough.
Number 2
.,, the development of the Earth's Hot Field is done where the Study of Eligibility has been made and meets the economy and the availability of the market.
Figure 3
., clear enough.
Figure 4
., clear enough.
Number 5
., clear enough.
Figure 6
.,, pretty obvious.
Letter b
., clear enough.
Letter c
., clear enough.
Letter d
., clear enough.
Letter e
., clear enough.
Letter f
., clear enough.
The letter g
., clear enough.
Letter h
.,, pretty obvious.
Verse (2)
., clear enough.
Section 54
.,, pretty clear.
Section 55
.,, pretty clear.
Section 56
.,, pretty clear.
Section 57
.,, pretty clear.
Section 58
.,, Verse (1)
.,, the delivery of a long-term plan of Exploration activities is providing information, intended to be synchronized with the Government or Local Government's long-term development pograms, including inventorizing the amount of investment. The delivery of an activity plan is not for the approval of the Government or the Local Government.
Verse (2)
., clear enough.
Section 59
.,, pretty clear.
Section 60
.,, pretty clear.
Section 61
.,, pretty clear.
Section 62
.,, Verse (1)
., clear enough.
Verse (2)
., clear enough.
Verse (3)
.,, the placement of the funds allocation is stored in a government bank on behalf of the IUP holder ' s IUP cq.
Verse (4)
., clear enough.
Article 63
.,, Verse (1)
., clear enough.
Verse (2)
.,, the letter a
., clear enough.
Letter b
.,, which is referred to by "other levies on excise", for example the customs of the matter.
In question, "other levies on imports", such as the value-added tax of luxury goods.
Letter c
.,, pretty obvious.
Verse (3)
.,, the letter a
.,, referred to as "Fixed Iuran" is the dues paid to the state in return for exploration opportunities, feasibility studies and exploitation on a work area.
In question, "Production uran" is the dues paid to the state for the results obtained from the geothermal mining efforts.
It is referred to as "other state levies", such as education and training services, and research and development services.
Letter b
.,, referred to as a bonus in this provision is the Business Area data price.
Verse (4)
., clear enough.
Section 64
.,, pretty clear.
Section 65
.,, Verse (1)
., in maintaining the utilization of domestic goods and services, it remains to consider technical requirements, quality, precision delivery and competing prices and the warranty of full-sale services.
Verse (2)
., clear enough.
Verse (3)
., clear enough.
Section 66
.,, Verse (1)
.,, the local community development and empowerment program is implemented by IUP holders to assist the Government program in improving community productivity and the social capabilities of the keracyatan economy by underlying potential regions It's continuous.
Verse (2)
., clear enough.
Section 67
.,, pretty clear.
Section 68
.,, Verse (1)
., clear enough.
Verse (2)
.,, the Management and Maintenance of the data aims to improve the establishment of the Workspace, the formulation of technical policy, the hosting of government affairs and the oversight in the fields of Exploration and Exploitation, the implementation of Exploration and Exploitation, and Data corrects for users as well as data exchange.
Section 69
.,, pretty clear.
Section 70
.,, pretty clear.
Section 71
.,, pretty clear.
Section 72
.,, pretty clear.
Section 73
.,, pretty clear.
Section 74
.,, pretty clear.
Section 75
.,, pretty clear.
Section 76
.,, Verse (1)
., clear enough.
Verse (2)
.,, Policy is a statement of principle as a setting foundation in the achievement of the objectives of hosting the Earth ' s Hot Mining efforts.
Guidelines are a common reference that should be further outlined and can be adapted to the local area's characteristics and capabilities for the hosting of the Earth's Hot Mining endeavour.
Guidance is carried out against the preparation of procedures and the implementation of the implementation of the Earth's Hot Mine.
Directives are conducted against the preparation of plans, programs and activities/projects that are national and regional in accordance with its periodiation.
Supervision was carried out against the implementation of the Earth's Hot mining efforts.
Training is conducted in order to improve the quality of human resources in the form of education and training.
Verse (3)
., clear enough.
Section 77
.,, pretty clear.
Article 78
.,, pretty clear.
Section 79
.,, pretty clear.
Article 80
.,, pretty clear.
Section 81
.,, pretty clear.
Section 82
.,, pretty clear.
Section 83
.,, pretty clear.
Article 84
.,, pretty clear.
Section 85
., referred to as the Earth's Thermal Power Company's Power and Permission for the Dissenters of Power, and the Contracting Contract of the Earth and/or the Uap or Electric Purchasing Contract in the Workspace is Power, Permission, Company and/or Contract Buy steam or electric power in all the Working Areas provided by the Government to PT Pertamina (Persero) or PT Pertamina (Persero) in cooperation with the Joint Operation Contract, or the Power of the provided by the Government to PT PLN (Persero) or to the Private Business Agency for Energy/electrical development or Small Scale Earth Development Permit to Cooperate, as well as a Uap Purchase Contract or Electric Sales Contract between the Earth's Heat Company Developer with PT PLN (Persero).
Section 86
.,, pretty clear.
Section 87
.,, pretty clear.
Article 88
.,, pretty clear.
