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Act No. 10 Of 1997

Original Language Title: Undang-Undang Nomor 10 Tahun 1997

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activity.
.,, (2) To carry out the duties as referred to in paragraph (1), the Supervising Board organizes regulations, permits, and inspections.

Section 5
The government forms the Nuclear Power Advisory Council tasked with providing advice and consideration regarding the utilization of nuclear power.

Section 6
The position, principal task, function, arrangement, and work of the institutions, as referred to in Article 3, Section 4, and Section 5 are further set up by the Presidential Decree.

Section 7
The government can form a State-Owled Business Agency related to the commercial utilization of nuclear power.

BAB III
RESEARCH AND DEVELOPMENT

Section 8
.,, (1) The research and development of nuclear power must be organized in the framework of the mastery of science and nuclear technology for safety, security, security, and the welfare of the people.
.,, (2) The research and development as referred to in paragraph (1) is organized primarily by and becomes the responsibility of the Managing Board.
.,, (3) The research and development on nuclear safety needs to be looked at to reduce the negative impact of nuclear power utilization.
.,, (4) In hosting research and development as referred to in paragraph (1), the Managing Board may cooperate with the instance and other bodies.

BAB IV
THE ENTERPRISE

Section 9
.,, (1) The general investigation, exploration, and exploitation of nuclear excavation materials are only implemented by the Managing Board.
.,, (2) The Managing Board as referred to in paragraph (1) may cooperate with the State-owned Enterprises, cooperatives, private bodies, and/or other bodies.

Section 10
.,, (1) Production and/or the procurement of raw materials for nuclear fuel manufacture is only implemented by the Managing Board.
.,, (2) The Managing Board as referred to in paragraph (1) may cooperate with the State-owned Enterprises, cooperatives and/or private bodies.

Section 11
.,, (1) Non-commercial nuclear fuel production is exercised by the Managing Board.
.,, (2) Production of commercial nuclear fuel is exercised by the State-owned Enterprises, cooperative, and/or private agency.

Section 12
(1) Non-commercial radioisotope production is exercised by the Managing Board.
.,, (2) The production of commercial radioisotopes is exercised by the State-owned Enterprises, cooperative, and/or private bodies.

Section 13
.,, (1) Development, operation, and decommissioning of noncommercial nuclear reactors are executed by the Managing Board.
.,, (2) The Managing Board as referred to in paragraph (1) may cooperate with other government agencies and public colleges.
., (3) Development, operation, and decommissioning of commercial nuclear reactors are exercised by the State-owned Enterprises, cooperatives, and/or private bodies.
.,, (4) The construction of a commercial nuclear reactor as referred to in verse (3) which is a nuclear power plant, is set by the Government after consulting with the People's Representative Council of the Republic of Indonesia.

BAB V
SUPERVISION

Section 14
., (1) Surveillance on the utilization of nuclear power is exercised by the Supervising Board.
.,, (2) The supervision as referred to in paragraph (1) is exercised through the regulations, permissions, and inspections.

Section 15
The supervision as referred to in Article 14 is intended for:
a. The spell of prosperity, security, and the safety of the public;
., b. ensuring the common and health of workers and members of the public as well as protection against the environment of living;
c. maintain a legal orderly in the implementation of nuclear power utilization;
., d. enhance the legal awareness of nuclear power users to pose a safety culture in the nuclear field;
e. prevent a change in the goal of the utilization of nuclear materials; and
., f. Ensure that it is an exercise in the use of nuclear power in the exercise of nuclear power.

Section 16
.,, (1) Any coriency relating to the utilization of nuclear power is mandatory for the safety, security, and persistence, health of workers and members of the public, as well as the protection of the living environment.
.,, (2) The provisions as referred to in paragraph (1) are further set up with the Government Regulation.

Section 17
.,, (1) Any utilization of nuclear power is required to have a permit, except in certain matters that are set further by the Government Regulation.
.,, (2) The construction and operation of nuclear reactors and other nuclear installations as well as decommissioning of mandatory nuclear reactors have permits.
.,, (3) the Terms and Terms of the permissions as referred to in paragraph (1) and paragraph (2) are further regulated by the Government Regulation.

Section 18
(1) Any permission as referred to in Article 17 is charged.
., (2) The enormous charges as referred to in paragraph (1) are defined by the Decree of the Minister of Finance.

Section 19
.,, (1) Any officer who operates a nuclear reactor and a particular officer inside another nuclear installation and in the installation utilizing the source of ionizing radiation is required to have a permit.
.,, (2) The requirement to obtain a permit as referred to in paragraph (1) is governed by the Supervising Board.

Section 20
.,, (1) Inspection of nuclear installations and installations utilizing ionizing radiation are exercised by the Supervising Board in order of oversight of the adherents of the terms in licensing and regulations in the field of safety Nuclear.
.,, (2) Inspection as referred to in paragraph (1) is exercised by the inspector who was appointed and dismissed by the Supervising Board.
.,, (3) The Inspection as referred to in paragraph (1) is exercised periodically and at any time.

BAB II
INSTITUTIONAL

Section 3
.,, (1) The government forms a Managing Board that is below and is directly responsible to the President, who is tasked with carrying out the utilization of nuclear power.
., (2) To carry out duties as referred to in paragraph (1), the Managing Board organizes research and development, general inquiry, exploration and exploitation of nuclear excavation materials, the production of raw materials for the manufacture and production of materials nuclear fuel, radioisotope production for research and development purposes, and the management of radioactive waste.

Section 4
.,, (1) The government forms a Supervising Board located below and directly accountable to the President, who is tasked with carrying out oversight of any nuclear power utilization s as a result of the nuclear accident as referred to in paragraph (1) is set further by the Presidential Decree.

Section 38
.,, (1) The insurance company that bears the nuclear damages caused by a nuclear accident is required to make the most compensation payment of 7 (seven) days after it was issued a statement of a nuclear accident by the Supervising Board.
.,, (2) The Supervising Board ' s statement as referred to in paragraph (1) is mandatory at least 3 (three) days since the nuclear accident.

Section 39
.,, (1) The right to demand damages caused by a nuclear accident expires if not submitted within 30 (thirty) years of being issued the Supervising Board statement as referred to in Article 38.
.,, (2) If nuclear losses as a result of nuclear accidents invold.
., (2) In carrying out the management of radioactive waste as referred to in paragraph (1), the Managing Board may cooperate with or designate the State-owned Enterprises, cooperatives, and/or private bodies.

Section 24
., (1) Low-level radioactive waste product and the degree of being conscripted, clustered, or processing and storing while waste prior to being handed over to the Managing Board, as referred to in Article 23.
.,, (2) The results of high radioactive waste are required to store while the waste is in at least during the time of the nuclear reactor operation.

Section 25
.,, (1) The Managing Board provides a lestary storage area of high level radioactive waste.
.,, (2) The determination of the lestary repository as referred to in paragraph (1) is set by the Government upon receiving the approval of the People's Representative Council of the Republic of Indonesia.

Section 26
.,, (1) The storage of radioactive waste as referred to in Article 23 of the paragraph (1) and Article 25 paragraph (1) is charged.
., (2) Large storage charges as referred to in paragraph (1) are defined by the Decree of the Minister of Finance.

Section 27
.,, (1) The transport and storage of radioactive waste is obliged to pay attention to the safety of workers, members of the public, and the environment of life.
., (2) The provisions of the management of radioactive waste, including the transport and storage as referred to in paragraph (1) are set further by the Regulation of the Leeches.

BAB VII
NUCLEAR LOSS LIABILITY

Section 28
The nuclear installation entrepreneur is obliged to be responsible for the nuclear losses suffered by third parties caused by the nuclear accident occurring in such a nuclear installation.

Section 29
., (1) In the event of a nuclear accident during the transport of a nuclear fuel or secondhand nuclear fuel, which is responsible for the nuclear losses suffered by a third party is the delivery of the sender ' s nuclear installation.
., (2) The sender of the sender ' s nuclear installation as referred to in paragraph (1) may transfer its responsibility to the nuclear installation magnate or the transport magnate, if it is in writing has been promised.

Section 30
.,, (1) If the liability of the nuclear disadvantages chapter as referred to in Article 28 involves more than one nuclear installation entrepreneur and it is unlikely to determine definitively part of the nuclear losses caused by each businessman Such a nuclear installation, the businessman is in charge of it together.
(2) The responsibility of each of the nuclear installations as specified in verse (1) does not exceed the limit of the amount of responsibility.

Section 31
If in a location there are multiple nuclear installations managed by one nuclear installation entrepreneur, the businessman must be responsible for any nuclear losses caused by any nuclear installation.

Section 32
The nuclear installation entrepreneur is not responsible for nuclear losses caused by a nuclear accident that occurred due to the direct result of infighting or international or non-international armed conflict or natural disasters with exceptional rates that exceed the design limit of safety requirements that have been established by the Supervising Board.

Section 33
.,, (1) If a nuclear installation entrepreneur after carrying out its responsibility as referred to in Article 28 may prove that the third party suffering nuclear losses is caused by the self-inflicted miserer, the businessman may be relieved of its responsibility to pay the whole or part of the loss suffered.
.,, (2) The nuclear installation of the manufacturer as referred to in paragraph (1) reserves the right to demand restitution of the damages that have been paid to the third party that committed the accident.

Section 34
.,, (1) The responsibility of nuclear installation employers against the most nuclear losses Rp900.000.000.000.00 (nine hundred billion rupiah) for any nuclear accident, whether for any nuclear installation or for any material transport Nuclear fuel or secondhand nuclear fuel.
.,, (2) the large limit of liability as referred to in paragraph (1) is governed by the Presidential Decree.
., (3) The amount of liability as referred to in paragraph (1) and paragraph (2) is only used for the payment of nuclear losses, excluding interest and case costs.
., (4) The liability limit of the nuclear installation entrepreneur as referred to in paragraph (1) may be reviewed with Government Regulation.

Section 35
.,, (1) Nuclear installation employers are required to account for the amount of responsibility as referred to in Article 34 of the paragraph (1) and paragraph (2) through insurance or other financial guarantees.
., (2) The provisions of the obligation as to the paragraph (1) apply also to the beneficiaries of the nuclear installations of the recipient or of the transport magnate.
.,, (3) If in a location there are several nuclear installations managed by one nuclear installation entrepreneur, the businessman is obliged to take responsibility for any installation he has ever managed.

Section 36
.,, (1) If the number of dependents is reduced as it has been used to pay nuclear losses, the nuclear installation employers are obliged to keep the number of dependents in accordance with the amount referred to in Article 34 of the paragraph (1) and paragraph (2).
.,, (2) If a liability agreement has expired or null and void due to another cause, such a nuclear installation entrepreneur is obliged to renew its liability agreement.
.,, (3) If a nuclear installation entrepreneur has not renewed the perliability agreement as referred to in paragraph (2), and there is a nuclear accident, the businessman remains responsible as referred to in Article 34 and Article 35.

Section 37
.,, (1) The provisions of the contemplating as referred to in Section 35 do not apply to government agencies that are not State-owned Enterprises.
.,, (2) The replacement of nuclear losseve stolen nuclear materials, lost, or abandoned, then the term for charges of restitution as referred to in paragraph (1) is calculated from the moment of the nuclear accident With the provision of the term, it must not exceed forty years, as the nuclear material was stolen, lost, or abandoned.
., (3) The right to demand damages as referred to in paragraph (1) and paragraph (2) must be submitted within three (three) years after the sufferer found out or should know the nuclear losses suffered and the business of nuclear installations. be responsible for the terms and conditions of the IBM International Terms of Service ("Terms of"), and any such terms as specified in the applicable Terms of use.

Section 40
The State Court in charge of inspeting and prosecuting the damages charges as referred to in Article 39 is as follows:
a. State courts where nuclear accidents occur; or
., b. The Central Jakarta District Court in the event of a nuclear accident during the transport of nuclear fuel or nuclear fuel is used outside the state of the Republic of Indonesia.

BAB VIII
CRIMINAL PROVISIONS

Section 41
., (1) Whoever builds, operates, or decommissioning a nuclear reactor without permission as referred to in Article 17 of the paragraph (2) is criminalised with a prison criminal of the longest 15 (fifteen) years and the most fine Rp1,000.000.000.00 (one billion rupiah) (2) Whoever commits the deed is referred to in verse (1) which gives rise to a nuclear loss being convicted of a prison sentence of a lifetime or a prison criminal of the longest 20 (twenty) years and a fine. At most Rp1,000.000.00 (one billion rupiah).
(3) In the case of not being able to pay the fine as referred to in verse (1) and verse (2), the convict is convicted of the longest confinement of 1 (one) years.

Section 42
(1) Whoever commits an act contrary to the provisions referred to in Article 19 of the paragraph (1) is penalised with the penultimate criminal 2 (two) years and/or a fine of at most Rp50,000.00 (fifty million rupiah).
(2) In the case of not being able to pay the fine as referred to in verse (1), the convict is convicted of the longest 6 (six) months.

Section 43
(1) Whoever commits an act contrary to the provisions of what is referred to in Article 17 of the paragraph (1) is criminalised with a criminal fine of the most Rp100.000.00 (one hundred million rupiah).
(2) In the case of not being able to pay the fine as referred to in verse (1), the convict is penalized with the longest confinement of 1 (one) years.

Section 44
(1) Whoever commits an act contrary to the provisions referred to in Article 24 of the paragraph (2) for the producing of a high-level radioactive waste is criminalised with a prison criminal of the longest 5 (five) years and the most fines Rp300.000.00 (three hundred million rupiah).
(2) Whoever commits an act contrary to the provisions of what is referred to in Article 24 of the paragraph (1) for the producing of low-level radioed waste and the degree is being criminalized with the criminal fines of the most Rp100.000.00 (A hundred million rupiah).
(3) In the case of not being able to pay the fine as referred to in verse (1) and verse (2), the convict is convicted of the longest confinement of 1 (one) years.

BAB IX
THE TRANSITION PROVISION

Section 45
Pasa when it begins to apply this legislation all implementation rules related to atomic power remain in effect as long as it does not conflict with this law.

Section 46
The National Atomic Energy Agency and other agencies continue to function until the formation of a new institution under this law.

BAB X
CLOSING PROVISIONS

Section 47
Upon the beginning of this Act, the Law No. 31 of 1964 on the provisions of the Atomic Energy Pokok was declared to be no longer valid.

Section 48
This law goes into effect on the promulgated date.

In order for everyone to know, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on April 10, 1997
PRESIDENT OF THE REPUBLIC OF INDONESIA

SUHARTO
Promulgated in Jakarta
on April 10, 1997
MINISTER OF STATE SECRETARY OF STATE
REPUBLIC OF INDONESIA

MOERDIONO