SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 96, 2007 | (Explanation in Additional Sheet of the Republic of Indonesia No. 4746) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 30-Year 2007
ABOUT
E N E R G I
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. That energy resource is a wealth of nature as mandated in Article 33 of the Constitution of the Republic of Indonesia in 1945, which is governed by the state and used for the great prosperity of the people;
., b. That the role of energy is critical to the improvement of national economic and resilience, so that energy management that includes the provision, utilization, and effort must be exercised in fairness, sustainable, optimal, and/or the work of energy. integrated;
., c. that the reserves of unlimited energy resources are limited, hence the need for energy resource Diversity activity to be assured of the availability of guaranteed energy;
., d. that based on the consideration as referred to in the letter a, the letter b, and the letter c need to form an Act on Energy;
.,, Given: Section 5 of the paragraph (1), Article 20, Article 21, and Article 33 of the Basic Law of the Republic of Indonesia of the Republic of Indonesia in 1945;
With Shared Consent
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON ENERGY.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. Energy is the ability to do work that can be heat, light, mechanics, chemistry, and electromagnetics.
., 2. An energy source is something that can generate energy, either directly or through the conversion or transformation process.
., 3. Energy resources are natural resources that can be utilized, both as a source of energy and as energy.
., 4. A new source of energy is the energy source that can be generated by new technologies from renewable energy sources and non-renewable energy sources, including nuclear, hydrogen, coal bed methane, coal bed methane, coal bed methane, coal bed methane, coal bed methane, coal bed methane, coal bed methane, coal bed methane, coal thawed (liquified coal), and the coal is confirmed (gasified coal).
5. New energy is the energy that comes from the new energy source.
., 6. Renewable energy sources are the energy sources that are produced from sustainable energy resources if managed well, among other geothermal, wind, bioenergy, sunlight, flow and water, as well as temperature movements and differences. Sea layer.
7. Renewable energy is the energy derived from renewable energy sources.
., 8. A source of non-renewable energy is the source of energy produced from energy resources that will be depleted if it is exploited continuously, among other things, petroleum, earth gas, coal, peat, and bitumen shale.
., 9. The renewable energy is the energy that comes from the source of the renewable energy.
., 10. The living environment is the unity of space with all things, power, circumstances, and living things, including humans and their behavior, which affect the survival and well-being of humans as well as other living beings.
., 11. The preservation of the function of the environment is a series of attempts to maintain the survival and survival of the living environment.
., 12. An entity is a legal entity that exercises a fixed, continuous type of effort, and is established in accordance with laws, as well as working and standing within the territory of the Republic of Indonesia.
., 13. A fixed form of effort is an established and legal entity outside the State of the Republic of Indonesia that conducts activities and is based in the territory of the Republic of the Republic of Indonesia and is required to comply with the rules of the Republic of Indonesia. The Republic of Indonesia.
., 14. The reserve of energy buffers is the number of nationally stored energy and energy sources that are required to meet the national energy requirements of a given period of time.
., 15. The provision of energy is the activities or processes of providing energy, both from within the country and from abroad.
., 16. Energy utilization is an activity using energy, either directly or indirectly, from an energy source.
., 17. Energy management is the host of provision, enterprise and energy utilization and the provision of strategic reserves and conservation of energy resources.
., 18. An energy enterprise is an activity that organizes a provision and/or energy utilization.
., 19. An energy service provider is an act of organizing a service that is directly or indirectly related to the provision and/or utilization of energy.
., 20. The energy reserves are the energy resources that are already known to be location, number, and fleas.
21. Energy diversification is the multiplicity of energy source utilization.
22. The strategic reserves are the energy reserves for the future.
., 23. Energy conservation is a systematic, planned, and integrated effort to preserve the domestic energy resources and improve the efficiency of its efficiency.
., 24. Conservation of energy resources is the management of energy resources that guarantee its heating and its supply by maintaining and improving the quality of its value and its anomaly.
., 25. National energy policy is a policy of energy management based on the principle of justice, sustainable, and environmental insight into the creation of independence and the resilience of national energy.
., 26. The National Energy Council is a national, independent, and still responsible institution responsible for the formulation of the national energy policy.
., 27. An energy general plan is a plan for energy management to meet the needs of energy in a region, interterritory, or national.
., 28. The Central Government, subsequently called the Government, is the President of the Republic of Indonesia which holds the power of government of the Republic of Indonesia as referred to in the Basic Law of the Republic of Indonesia in 1945.
., 29. The local government is the governor, regent, or mayor and regional device as an organizer of the local government.
., 30. The Minister is a minister whose field of duty is responsible in the field of energy.
BAB II
ASAS AND THE PURPOSE
Section 2
Energy is managed under the principle of expediency, efficiency of justice, increased value added, sustainability, community welfare, preservation of environmental functions, national resilience, and the emphasis of national ability.
Section 3
In order to support national development on a sustainable and improving national energy resistance, the aim of energy management is:
a. The energy management is self-management;
., b. the availability of the availability of domestic energy, both from the source within the country and abroad;
., c. the availability of energy sources from within the country and/or abroad as referred to in the letter b for:
., 1. the fulfillment of the domestic energy needs;
2. The fulfillment of the needs of the domestic industry ' s raw materials; and
3. The increase of state devisa;
., d. Optimal, integrated, and sustainable energy resource management;
e. Energled energy efficiently across all sectors;
., f. The increase in the access of uncapable people and/or living in remote areas of energy to realize the well-being and prosperity of the people is fairly and evenly distributed by the way:
.,
.,, 1. providing assistance to increase the availability of energy to the public cannot afford;
., 2. Building energy infrastructure for the area has not developed so that it can reduce the disparity between regions;
., g. The development of the energy industry and the domestic energy services in order to be independent and improve the professionalism of human resources;
h. the creation of the field of work; and
i. The universe is the preservation of the function of the living environment.
BAB III
ENERGY SETTINGS
The Kesatu section
Energy Resources
Section 4
.,, (1) The fossil energy resources, geothermal, large-scale hydro, and nuclear energy sources are controlled by the state and exploited to a great-great prosperity of the people.
.,, (2) New energy resources and renewable energy resources are governed by the state and exploited to a great-great prosperity of the people.
.,, (3) the warranties and setting of energy resources by the country as referred to in paragraph (1) and paragraph (2) are hosted by the Government in accordance with the provisions of the laws.
The Second Part
Energy Buffer Reserves
Section 5
.,, (1) To guarantee the resilience of national energy, the Government is obliged to provide an energy buffer reserve.
., (2) The provisions of the type, amount, time, and location of the energy buffer reserve, as referred to in paragraph (1) are governed by the Government and further set forth by the National Energy Council.
The Third Part
The State of Crisis and Emergency Energy
Section 6
(1) The energy crisis is an energy shortage condition.
.,, (2) The energy emergency is a disturbed condition of the energy supply due to the severing of the means and the energy infrastructure.
.,, (3) In terms of energy and emergency energy crises as referred to in paragraph (1) and (2) resulting in the disruption of government functions, social life of society, and/or economic activity, the Government is obliged to carry out the action Necessary countermeasures.
The Fourth Part
Energy Price
Section 7
(1) The energy price is set based on the value of the justice of justice.
.,, (2) The government and local governments provide subsidised funds for groups of people incapable of.
.,, (3) Further provisions on energy prices and subsidised funds as referred to in paragraph (1) and paragraph (2) are governed by the provisions of the Laws of the Law.
The Fifth Part
Environment and Safety
Section 8
.,, (1) Any energy management activities are required to maintain the use of environmentally friendly technology and meet the required provisions in the laws of the living environment.
.,, (2) Any of the mandatory energy management activities meet the required provisions in safety laws covering standardization, installation safety and safety, as well as safety and work health.
The Sixth Part
The Domestic Content Level
Section 9
.,, (1) The level of domestic content, both goods and services, is required to be maximized in the energy enterprise.
.,, (2) The government is required to encourage the provision of domestic goods and services in order to support the self-sufficient, efficient, and competitive energy industry.
The Seventh Part
International Cooperation
Section 10
(1) The international cooperation in the field of energy can only be done for:
., a., a. ensuring national energy resistance;
B. ensuring the availability of domestic energy; and
c. Increase the national economy.
., (2) the international cooperation as referred to in paragraph (1) is exercised in accordance with the provisions of the laws.
.,, (3) In terms of the Government making international agreements in the field of energy that pose a broad and fundamental cause for the lives of the people associated with the financial burden of the state and/or require change or formation The law must be approved by the People's Representative Council.
BAB IV
THE ENERGY POLICY AND THE NATIONAL ENERGY COUNCIL
The Kesatu section
National Energy Policy
Section 11
(1) The national energy policy includes, among other things:
., a., a. energy availability for national needs;
B. energy development priority;
c. utilization of national energy resources; and
D. National energy buffer reserves.
.,, (2) The national energy policy as referred to in paragraph (1) is set by the Government with the approval of the House.
The Second Part
National Energy Council
Section 12
(1) The President forms the National Energy Council.
(2) National Energy Council on duty:
.,
., a., a. designing and formulating a national energy policy to be specified by the Government with the House approval as referred to in Article 11;
B. establish a national energy general plan;
.,, c. sets the measures of countermeasures in crisis conditions and energy emergencies; as well as
., d. oversee the implementation of policy in the field of cross-sectoral energy.
(3) The National Energy Council consists of the leadership and the members.
(4) The leadership of the National Energy Council consists of:
., a., a. Speaker: President;
B. Vice Chairman: Vice President;
C. Chairman of the Daily: Minister who is drugging the energy.
(5) The National Energy Council Member consists of:
.,
., a., a. seven people, both the Minister and other government officials who are directly responsible for the provision, transport, copying, and energy utilization; and
B. Eight people from the stakeholder.
Section 13
.,, (1) Member of the National Energy Council as referred to in Article 12 paragraph (5) of the letter a was appointed and dismissed by the President.
.,, (2) Members of the National Energy Council as referred to in Article 12 paragraph (5) of the letter b be elected by the People ' s Representative Council.
.,, (3) Members of the National Energy Council as referred to in Section 12 of the paragraph (5) letter b, consists of:
., a., a. 2 (two) people of academia;
B. 2 (two) people of the industry;
C. 1 (one) person of the technology community;
D. 1 (one) person of the living environment; and
e. 2 (two) people of the consumer.
.,, (4) The Government proposes a candidate for the National Energy Council as referred to in paragraph (2) to the House of Representatives twice of the number of each stakeholder as referred to in verse (3).
.,, (5) The determination of candidates as referred to in paragraph (4) is carried out through a transparent and accountable screening process.
.,, (6) Members of the National Energy Council as referred to in section 12 paragraph (5) of the letter b are appointed and dismissed by the President.
., (7) Further provisions on the manner of screening the candidate of the National Energy Council candidate as referred to in paragraph (2) are governed with
The President's Regulation.
Section 14
., (1) The term of a National Energy Board Member who is from the Minister and other Government officials terminates after not serving again in the post as referred to in Article 12 of the paragraph (5) letter a.
.,, (2) The term of the National Energy Board Member as referred to in Article 12 of paragraph (5) letter b is for 5 (five) years.
Section 15
The National Energy Council ' s cost budget is charged on the State Revenue and Shopping Budget.
Section 16
.,, (1) In carrying out its duties, the National Energy Council was assisted by the secretariat general led by a secretary general.
(2) The general secretary is appointed and dismissed by the President.
.,, (3) Susunan of the organization and the governance of the Secretariat General of the National Energy Council is set further by the Decree of the Chairman of the National Energy Council.
The Third Part
National Energy General Plan
Section 17
.,, (1) The government is drawing up a draft of the national energy general plan based on national energy policy.
., (2) In compiling a national energy general plan as referred to in paragraph (1), the Government involves the local government as well as paying attention to opinions and input from the public.
.,, (3) Further provisions on the drafting of the national energy general plan are set with the President ' s Regulation.
The Fourth Part
The Regional Energy General Plan
Section 18
.,, (1) The local government compiles an area energy general plan by referring to the national energy general plan as referred to in Article 17 of the paragraph (1).
.,, (2) The general plan of the area ' s energy general as referred to in paragraph (1) is set with the Regional Regulation.
The Fifth Part
The Rights and Role of the Society
Section 19
(1) Each person is entitled to obtain energy.
.,, (2) The public, both individually and groups, can play a role in:
., a., a. the drafting of the national energy general plan and the regional energy general plan; and
B. the energy development for the general interest.
BAB V
ENERGY MANAGEMENT
The Kesatu section
Provision and Maintenance
Section 20
(1) Energy supply is done through:
., a., a. the inventory of energy resources;
B. increase of energy reserves;
c. Energy balance sheet composition;
D. diversified, conservation, and intensification of energy and energy sources; and
., e. Mixing, transmission, and storage of energy and energy sources.
., (2) The energy supply by the Government and/or the local government takes precede in undeveloped areas, remote areas, and rural areas by using local energy sources, especially renewable energy sources.
.,, (3) The energy source-producing regions are given priority to obtain energy from the local energy sources.
.,, (4) New energy supplies and renewable energy are obliged to be improved by the Government and local governments according to its authority.
., (5) Energy Supplies from new energy sources and renewable energy sources conducted by the business entity, a fixed form of effort, and individuals may gain the ease and/or incentives of the Government and/or local governments in accordance with the His authority for a certain period of time is achieved by the value of its economy.
Section 21
.,, (1) the energy benefit is performed on the basis of asas as referred to in Section 2 with:
., a., a. optimizing the entire potential energy resource;
., b. considering the technological, social, economic, conservation, and environmental aspects; and
.,, c. prioritizes the fulfillment of community needs and an increase in economic activity in the energy source-producing regions.
.,, (2) New energy and renewable energy efficiency is required to be increased by the Government and local governments according to its authority.
., (3) Energy Efficiency of new energy sources and renewable energy sources conducted by the business entity, a fixed form of effort, and individuals may obtain the ease and/or incentives of the Government and/or local governments in accordance with the His authority for a certain period of time is achieved by the value of its economy.
Section 22
., (1) further terms of granting and/or incentive by the Government and/or the local Government in accordance with its authority as referred to in Section 20 paragraph (5) and Section 21 of the paragraph (3) is governed by the Government Regulation (s). And/or County Rules.
., (2) Further provisions regarding the provision and utilization of energy by the Government and/or the local Government in accordance with its authority as referred to in Section 20 and Section 21 are governed by the Government and/or Regulation. The area.
The Second Part
The identifier
Section 23
.,, (1) The energy enterprise includes the enterprise of energy resources, energy sources, and energy.
.,, (2) Energy entrepreneurial can be performed by an enterprise entity, a fixed form of effort, and a personal one.
.,, (3) Energy services entrepreneurship can only be performed by an enterprise entity and individual.
.,, (4) The energy services company as referred to in paragraph (3) follows the provisions of the classification of energy services.
.,, (5) The classification of energy services is set among others to protect and provide the first opportunity in the use of domestic energy services.
.,, (6) Further provisions on the classification of energy services are set up with Government Regulation.
., (7) The energy enterprise and services of energy as referred to in paragraph (1), paragraph (2), and paragraph (3) are performed in accordance with the provisions of the laws.
Section 24
.,, (1) The enterprise that conducts energy business activities as referred to in Article 23 is obliged, among other things:
., a., a. empowering the local community;
B. maintaining and maintaining the environmental sustainability function
c. facilitate the research activities and energy development; and
D. facilitate education and training of the field of energy.
.,, (2) Further provisions on energy enterprise obligations as referred to in paragraph (1) are governed by the Government Regulation.
The Third Part
Energy Conservation
Section 25
.,, (1) The national energy conservation becomes the responsibility of the Government, local governments, entrepreneurs, and the public.
.,, (2) National energy conservation as referred to in paragraph (1) includes the entire energy management stage.
.,, (3) Energy users and manufacturers of energy-saving equipment that carry out energy conservation are given ease and/or incentives by the Government and/or local governments.
.,, (4) The users of energy sources and energy users who do not carry out energy conservation are given disincentive by the Government and/or local government.
., (5) Further provisions on the conduct of energy conservation as well as the granting of ease, incentives, and disincentives as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are governed by the Government and/or Regional Regulations.
BAB VI
GOVERNMENT AUTHORITY AND
LOCAL GOVERNMENT
Section 26
(1) Government Authority in the field of energy, among other things:
., a., a. creation of the laws of law;
B. national policy designation;
c. designation and standard application; and
D. Procedure assignment.
(2) The authority of the provincial government in the field of energy, among other things:
., a., a. creation of provincial regulations;
B. coaching and supervision of the company ' s cross-district/cota; and
(c) IBM may not use any of the following:
(3) The authority of the county/city government in the field of energy, among other things:
., a., a. creation of county/kota; regional regulations;
B. coaching and supervising of the company in the district/kota; and
(c) IBM may not use any of the following:
.,, (4) the authority of the provincial and county/city government as referred to in paragraph (2) and paragraph (3) are executed in accordance with the provisions of the laws.
BAB VII
COACHING AND SUPERVISION
The Kesatu section
Coaching
Section 27
Coaching the management activities of energy resources, energy sources, and energy done by the Government and local governments.
The Second Part
Supervision
Section 28
Supervision of energy resource management activities, energy and energy sources are carried out by the Government, local governments, and the public.
BAB VIII
RESEARCH AND DEVELOPMENT
Section 29
.,, (1) Research and development of science and technology of provision and utilization of mandatory energy facilitated by the Government and local governments in accordance with its authority.
., (2) Research and development, as referred to in paragraph (1), is directed primarily for the development of new energy and renewable energy to improve the development of the self-independent national energy industry.
Section 30
.,, (1) The funding of research and development activities as referred to in Article 29 is facilitated by the Government and local governments according to its authority.
.,, (2) Funding the research and development activities of science and energy technology as referred to in paragraph (1) among others sourced from the State Budget and Shopping Budget, Regional Revenue and Shopping Budget, and the funds from Private.
.,, (3) The development and utilization of research results on new energy and renewable energy is financed from the income of the country derived from the renewable energy.
.,, (4) The provisions regarding funding as referred to in paragraph (3) are set further by government regulations.
BAB IX
THE TRANSITION PROVISION
Section 31
.,, (1) At the time this Act is beginning to apply all laws in the field of energy remain in effect to the extent that it is not contradictory or has not been replaced under this Act.
.,, (2) The National Energy Coordinating Board remains to exercise its duties and function until it is formed by the National Energy Council.
.,, (3) Before the formation of the National Energy Council, the policy that will be issued by the National Energy Coordinating Board is adjusted to this Act.
BAB X
CLOSING PROVISIONS
Section 32
The National Energy Council must be set up in the slowest of 6 (six) months after the Act is promulred.
Section 33
The regulation of implementation of this Act should have been set at least 1 (one) year since the Act is promulred.
Section 34
This Act goes into effect on the promulgable 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.
.,, Dislocated in Jakarta
on August 10, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,
SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on August 10, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
