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Regulatory Regulations Oil And Gas Downstream Number 05 2015 2015

Original Language Title: Peraturan Badan Pengatur Hilir Minyak dan Gas Bumi Nomor 05 TAHUN 2015 Tahun 2015

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REPUBLIC OF INDONESIA STATE NEWS

No. 587, 2015 BPH MIGAS. BPH Migas committee. Duty. Authorization. Execution. Revocation.

THE REGULATION OF THE PETROLEUM AND GAS DOWNSTREAM REGULATORY BODY

NUMBER 05 2015 ON

THE ORDER OF EXECUTION OF THE TASK AND AUTHORITY OF THE COMMITTEE OF THE OIL AND GAS DOWNSTREAM GOVERNING BODY COMMITTEE

WITH THE GRACE OF GOD YANG MAHA ESA

THE HEAD OF THE PETROLEUM AND GAS DOWNSTREAM GOVERNING BODY,

DRAWS: A. that in order to rule, the efficiency, and the work effectiveness of the Board of the Board of the Board, need to set the Order of the Implementation of the Duty and the Authority of the Committee on Earth Gas and Gas (s);

b. that under consideration as intended in the letter a, it is necessary to establish the Regulation of the Earth's Oil and Gas Lower Governing Body on the Order of the Implementation of the Duty and the Authority of the Committee on the Downstream Governing Body of the Oil and Gas of the Earth;

Given 1. Law No. 22 of 2001 on Oil and Earth Gas (State of the Republic of Indonesia in 2001 Number 136, Additional Gazette of the Republic of Indonesia Number 4152);

2. The Government of the Republic of Indonesia Regulation No. 67 of 2002 on the Governing Body and the distribution of the Oil Fuel and Petroleum Transport Efforts through the Pipe (Sheet

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State of the Republic of Indonesia 2002 No. 141, Additional Sheet Country Indonesia Number 4253) as amended by the Government of the Republic of Indonesia Number 49 Year 2012 on the Change of the Republic of Indonesia Regulations of Government of the Republic of Indonesia Number 67 of 2002 on the Board of Provisioning And Distribution Of Oil Fuels And The Activities Of The petroleum Transport Through The Pipeline (state Sheet Of The Republic Of Indonesia 2012 Number 95, Additional) Sheet of State of Indonesia No. 5308);

3. Government Regulation No. 36 of 2004 on the Activities of the Low Oil and Earth Gas (State of the Republic of Indonesia Year 2004 Number 124, Additional Gazette of the Republic of Indonesia No. 4436), as amended by Regulation. Government Number 30 Year 2009 on Changes to Government Regulation Number 36 Year 2004 on the Activities of the Low Oil and Gas of the Earth (State Sheet of Indonesia Year 2009 Number 59, Additional Gazette of the Republic of Indonesia Number of Indonesia 4996);

4. The decision of the President of the Republic of Indonesia No. 86 of 2002 on the Establishment of the Agency for the Governing Body and the distribution of the Petroleum Fuel and Undertaking Efforts of the Earth Gas Through the Pipe as amended by the Presidential Regulation. Republic of Indonesia No. 45 of 2012 (State of the Republic of Indonesia in 2012 No. 103);

5. Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia No. 25 Year 2012 on the Organization and the Working Services Secretariat and the Directorate on the Governing Body and the Distributing of Oil Fuel and Gas Transportation Materials Earth Through Pipe (State News of the Republic of Indonesia 2012 No. 992);

DECIDED:

STIPULATING: THE REGULATION OF THE OIL AND PETROLEUM MANAGEMENT OF THE EARTH ON THE ORDER OF EXECUTION OF THE DUTIES AND AUTHORITY OF THE OIL DOWNSTREAM GOVERNING BODY COMMITTEE. AND THE GAS OF THE EARTH.

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CHAPTER I OF THE GENERAL PROVISION

Article 1 In the Regulation of the Agency is referred to:

1. The governing body is a body formed to conduct the arrangement and supervision of the provision and distribution of Earth Gas and Gas Fuel and the transport of the Earth Gas Through the Pipe in the Activities of the Low Effort.

2. A member of the Committee is a person appointed by the President of the Republic of Indonesia for the written approval of the People's Representative Council of the Republic of Indonesia for a term appointed and specified in the Decree of the President of the Republic of

3. The Chairman of the Committee is a Member of the Committee approved in writing by the People's Representative Council of the Republic of Indonesia to be Chairman of the Committee.

4. The Chairman of the Committee is the Head of the Board of Directors.

5. The Chief Regulatory Agency is the Head of the Earth Gas and Gas Lower Governing Body, which is being captured by the Chairman of the Committee

6. The Regulatory Body Order is the provision of the Board of Directors that governs the execution of the task and authority of the Member of the Committee.

7. The Secretariat is the Secretariat of the Board of the Board of Governing Body and the functions of the Governing Body that are located under the Head of the Governing Body.

8. The Directorate is an element of technical support in the execution of the task and function of the Board of Governing Bodies, which are under the Chief of the Board.

9. A meeting of the Committee is a meeting conducted in order to peg the materials as the materials of the Committee and the internal coordination meeting of the Governing Body held to discuss technical and administrative matters as well as fundamental among other plans. Annual Committee 5 (five) Strategy, Annual Work and Budget Plan, Business Registration Number, Special Rights, Guidelines relating to the task and function of the Board of Reguers.

10. A Committee hearing is the highest meeting of the Committee headed by the Chair of the Committee and is the highest forum in the collegial decision making in order of arrangements, assignments, and oversight, which are the tasks and functions of the Agency. Organizer

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11. A Public Hearing is a meeting for information dissemination and/or obtaining input from the Stakeholders Interests (Stakeholder) in order to perform the task, function and authority of the Board.

12. The Committee Management Meeting is a meeting that addresses the strategic issue attended by the Migas BPH Committee and may be attended by the relevant party.

BAB II

DUTY AND AUTHORITY

The First Part of the Task and Authority of the Regulatory Agency

Article 2 (1) The provisions of the duties and authority of the Board are set up

in Section 4 and Section 5 of the Government Regulation No. 67 of 2002 on the Governing Body and the distribution of the Oil Fuel and Business Activity Earth Gas Transport Through Pipe as it has been amended with Government Regulation Number 49 Year 2012 on Changes to the Regulation of the Government of the Republic of Indonesia No. 67 of 2002 on the Governing Body and the distribution of the Petroleum Fuel and Undertaking Efforts of the Earth Gas Through the Pipe.

(2) The division of duty and the authority for each Committee Member is decided in the Committee Session.

The Second Part of the Task, Authority and Responsibility

Committee Chairman

Article 3 (1) The Committee Chairman is appointed and dismissed by the President after

gets the written agreement of the People's Representative Council of the Republic of Indonesia (DPR-RI), based on Minister of Energy and Mineral Resources.

(2) The Chairman of the Committee has a task:

a. Leading committees meetings, committee hearings, public hearings (Public Hearing) and Committee Management Meetings;

b. coordinate the duties of the Committee Members who have been agreed upon in the Committee hearing;

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c. conduct coordination and consultation to the Member of the Committee in performing the task;

d. conduct coordination and discussion of the Committee Member's proposal in the Meeting/Committee Meeting;

e. exercise the decision of the Meeting/Session of the Committee as the Head of the Board of Directors;

f. Enlist documents to all members of the Committee associated with the Committee Member's purview; and

g. Responsible for the conduct of the Committee Meeting, Committee hearing, Public Hearing, Public Hearing and Committee Management Meeting.

(3) In carrying out the duties referred to in paragraph (2), the Chairman of the Committee is authorized: a. delegated to the Committee Member to implement

a specific task as referred to in Government Regulation Number 67 of 2002 on the Governing Body and the distribution of the Oil Fuel and Transport Activities Gas Earth Through Pipe as amended by Government Regulation No. 49 Year 2012 on Changes to the Regulation of the Government of the Republic of Indonesia Number 67 of 2002 on the Governing Body and the distribution of the Oil Fuel Service and Earth Gas Transport Efforts Through Pipes;

b. Delegate to Members of the Committee to represent the Governing Body in coordination meetings between the Ministry/Institute, seminars, workshops, and other activities related to petroleum and petroleum, both in the country or in the United States. foreign;

c. in which case the Chairman of the impedided committee is required to appoint one of the Committee Members to lead the Committee and Committee Meeting; and

d. In case the Chairman of the Committee does not appoint any Committee Member, Committee Meeting, Committee Session, Public Hearing, Public Hearing, and Committee Management Meeting, then the meeting is headed by a Member of the Committee chosen among the Committee members are present.

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Third Section of Duty, Authority and Responsibility

Members of the Committee Section 4

(1) Committee members are appointed and dismissed by the President after the DPR-RI approval, based on the usuIan Energy Minister and Mineral Resources.

(2) The Committee Members have a task: a. propose activities related to the task and

function of the Governing Body;

b. make decisions taken/specified in a Committee Meeting, Committee Session, Public Hearing Meeting (Public Hearing) and a Committee Management Meeting;

c. convene and/or conduct a work visit through the assignment of the Head of the Board The controller and report of the results are in writing;

d. represents the Board of Directors in meetings on other instances in accordance with its duties;

e. attend a Committee Meeting, Committee Session, Public Hearing Meeting (Public Hearing) and the Committee Management Meeting as well as providing opinions relating to the material discussed;

f. Attend a Committee Meeting, Committee Session, Public Hearing Meeting (Public Hearing) and Committee Management Meeting if an impediation is required to notify the Chairman of the Committee and the entire Committee Members before the event begins;

g. respect and comply with all decisions that have been specified in the Committee Hearing; and

h. Personally responsible for all decisions taken without the decision or hearing of the Committee.

(3) In carrying out the duties referred to in paragraph (2), the Committee Member is responsible for the decision of the Committee Meeting.

(4) In carrying out the duties as referred to in paragraph (2), Member of the Committee is authorized: a. conduct oversight of the execution of a decision that

relates to the task and function of the Board of the Board; b. represent the Board of Directors in meetings on other agencies

upon the permission of the Chairman of the Committee in accordance with its duties as well as the report

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results to the Chairman of the Committee with busan to the Committee Member; and

c. taking the decision as acting officer of the Chairman of the Committee except matters that concern the authority as the User Power Budget (KPA) and related Personnel, Financing, Supplies, and Documentation (P3D).

BAB III

THE RIGHT AND LIABILITY Of The First Part

The Right And Oblicity Of The Chairman Of The Committee

Article 5 (1) Of The Committee Chairman Rights:

a. Leading committees meetings, committee hearings, public hearings (Public Hearing) and Committee Management Meetings;

b. designate either a member of the Committee as the head of the Meeting and/or the Committee Session as referred to in the letter a, if the Chairman is impeded;

c other than the authority referred to in paragraph (1), the Chairman of the Committee has the authority which equal to the other Members of the Committee.

(2) The Committee ' s Obligation Obligation:

a. leading a Meeting and/or Committee Hearing;

b. coordinate the execution of the Committee Member's duties through the Committee hearing;

c. hold hearings (Public Hearing) and the Public Commitment Committee that has been approved in the Committee Meeting;

d. respecting and obeying the decisions that have been specified in the Committee hearing;

e. designate one of the Committee Members as the day-to-day acting Chairman of the Committee and the Head of the Board of Governing Bodies.

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Second Section of the Committee Member's Rights and Obligations

Section 6 (1) of the Committee Member Rights:

a. have one voice in the decision making process in the Committee Session and cannot be represented;

b. have a proxy right (right to delegate votes) because of a matter of leaving the Committee hearing before the Committee hearing is completed and approved by the Committee Member who is present. Proxy rights may only be accepted by a Member of the Committee;

c. obtain access and obtain information and/or data from the Chief Governing Body/Directorate/Power Expert directly;

d. conduct consulting and communication with professionals, and other related agencies (stakeholders), both national and international;

e. get the means and the infrastructure of the Directorate and/or secretariat through the Leadership Planning in order to perform the task execution;

f. At least a member of the Committee is accompanying the Chief of the Board of Governing Body in an outside environment of the Board of Directors;

g. independent in issuing opinions and having the right to speak based on the professionalism held accountable to the meeting outside the environment of the Governing Body such as the Chair Meeting with the Minister of Energy and Mineral Resources, Hearings with the People's Representative Council (DPR) and others;

h. establish policy points related to budgeters, Personnel, Supplies and Documentation (P3D);

i. propose a Committee Hearing, and Public Hearing Meeting (Public Hearing) to the Chair of the Committee;

j. propose a Committee Meeting to the Chairman of the Committee and the Members of the Committee;

k. submitted a Regulation Body Regulation design;

l. add insight/knowledge through service visits both inside and outside the country;

m. proposed in writing of the Committee hearing and Public Hearing Meeting (Public Hearing) to the Chairman of the Committee;

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n. obtaining legal assistance with respect to decisions taken in the course of execution of the task and function of the Board of Reguers;

o. accompanied by the related Technical Staff for the assignment of sanity outside of the office;

p. obtaining a minimum protokoler facility equivalent of Eselon I; q. obtaining a salary/honorarium, other income authorized, as well as the rights

and other facilities in accordance with applicable laws;

r. obtain a leave of absence in accordance with then terms applicable; and

s. obtain at least one (one) assistant person to support the task.

(2) The Committee's Obligability: a. Attend a Committee Meeting, Committee Session, Opinion Meeting

Public (Public Hearing) and Committee Management Meeting;

b. attend other meetings which are the tasks that are assigned to him by the Chairman of the Committee and/or the Head of the Board of Directors;

c. report the results of the meeting outside the Board of Directors and the results of a working visit to the Chairman of the Committee (Head of the Board) Regulators) with stews to the Committee Member;

d. Perform duties as acting Chairman of the Committee or as a Committee on the Committee or meeting as Acting Daily Chief of the Governing Body;

e. respecting and obeying the decisions that have been specified in the Committee hearing.

f. inform the Chairman of the Committee and the other members of the Committee, if impediation is present at the Committee Meeting, the Committee Session and the Public Hearing Meeting (Public Hearing); and

g. provide an opinion related to the material discussed in the Committee hearing and respect the right of the opinion of the other members of the Committee.

CHAPTER IV ' S WORK ATTENDANCE COMMITTEE

Article 7 (1) Members of the Committee are present in the meetings and the trial

Committee.

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(2) Each Member of the Committee is required to fill the Meeting Hadir List. (3) In the case of not being present at the meetings and the Committee hearing,

Members of the Committee are notified in writing or written to the Chairman of the Committee or the meeting leadership.

BAB V

THE FIRST GOVERNING BODY MEETING

Section 8 meeting

(1) In the execution of the task and the authority of the Chief of the Board of Directors may perform the Board of Directors meetings.

(2) The meeting types held in the Board of Governing Body are made up:

a. Committee meeting b. Committee session c. Public Hearing Meeting (Public Hearing), and d. Committee Management Meeting

(3) Each convening of a meeting is preceded by the delivery of the meeting invitation.

(4) The meeting meeting as referred to in paragraph (3), must pay attention to the following: a. Delivered at least 2 (two) days prior to implementation

meeting.

b. Includes the following: 1) meeting agenda;

2) meeting leaders; 3) time and meeting places;

4) the list of invitations. C. The meeting materials are attached and the Invitation Meeting that

may be sent via a hard copy or soft copy.

(5) The meeting is signed by the Chief of the Board of the Board or designated.

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The Second Section of the Committee Meeting

Section 9 (1) Committee Meeting is an internal coordination meeting of the Board of Directors

held to discuss technical and administrative matters as well as fundamental among others: The Plan 4th (four) Annual Committee Strategy, Annual Work and Budget Plan, Business Registration Number (NRU), Special Rights, Guidelines relating to the task and function of the Board of Regents.

(2) The Committee Meeting as referred to in paragraph (1) was attended by Member of the Committee and may be attended by the Board Secretariat and the Directorate.

(3) Committee Meeting proposed by a Member of the Committee, the Board Secretariat or the Directorate to the Chairman of the Committee or on the initiative of the Chairman of the Committee.

(4) The Committee Meeting is led by the Chairman of the Committee or Member (5) If the Chairman of the Committee is impeded, then the Committee Meeting is led by

A member of the Committee appointed orally or written by the Chairman of the Committee.

(6) The Committee Meeting is held at least one time in 1 (one) week.

(7) Meeting The committee is considered to be valid when attended by at least half a plus one of the number of Members of the Committee and has signed the list of Hadir. If not completed, the meeting may continue at the agreed time without filling the list again.

(8) The Committee Meeting may decide on technical and administrative matters and be poured into the Notulen Committee Meeting.

(9) The Conclusion of the Committee Meeting shall be used as a consideration and recommendations in the exercise of the task and function of the Board.

The Third Section of the Committee

Article 10 (1) The Committee hearing is the highest meeting of the Committee led

by the Chairman of the Committee and is the highest forum in taking Committee decisions in order of setting, assignment and supervision are the tasks and functions of the Board of Regers.

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(2) Committee hearings as referred to in paragraph (1), attended by the Members of the Committee and if necessary can be attended by the Secretariat and Directorate.

(3) The Committee on the Committee is proposed in writing by the Member. The committee or the Directorate to the Chairman of the Committee (Head of the Board) or on the initiative of the Chairman of the Committee.

(4) The Committee is presided over by the Chairman of the Committee.

(5) If the Chairman of the Committee is impeded, then the Committee Committee is headed by a Member of the Committee which appointed by the Chairman of the Committee.

(6) The Committee hearing as referred to in paragraph (1), held after a trial material is already discussed at the Committee Meeting.

(7) The Committee hearing is considered valid if attended by at least half a plus one of the number of Members of the Committee and has signed a List of Hadir.

(8) The decision of the Committee is considered to be valid when attended by at least 5 (five) members of the Committee.

(9) The decision-making as referred to in verse (7) is: a. The collegial is essentially ushered in deliberations

to reach the mufakat; b. if deliberations to reach the mufakat are not reached, then

decisions are taken on the most votes of the Committee Members present;

c. if the most votes are not reached, then the decision making agenda is rescheduled.

(10) In terms of the number of votes that agree to the vote against the disapproacing vote, the Chairman of the Committee or the Member of the Committee presiding over the Committee on postponing the decision until the decision is made by the most votes.

(11) The decision is made. with the most votes can be executed publicly or in a closed (secret).

(12) During the Committee Session of the Secretariat of the Agency or Directorate, to prepare for any time is called to provide a technical and legal explanation.

(13) The Committee on the Committee must be held in the office of the Agency. The regulator. (14) All the decisions of the Committee Committee are the decision of the Board of Directors

that must be signed by the Chief of the Board as Chairman of the Committee.

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Fourth Section Of Public Hearing Meeting (Public Hearing)

Article 11 (1) Public Hearing Meeting (Public Hearing) is

the execution of the task and function of the Board of Governing Bodies in the United States. convey information about the policy and activities made to the public.

(2) Public Hearing Meeting (Public Hearing) is a container of dissemination and dissemination of information in order to establish a positive public opinion for The governing body in the conduct of the Torture Team Meeting is carried out as needed.

(3) Prior to the Public Hearing Meeting (Public Hearing), the material was discussed in a Committee Meeting.

(4) Public Hearing Meeting (Public Hearing) was proposed by a Member of the Committee to the Chairman of the Committee or on the initiative. Committee Chair.

(5) Public Hearing Meeting (Public Hearing) presided over by the Chair of the Committee or one of the Committee Members present.

(6) Public Hearing Meeting (Public Hearing) attended by the Ministry/Instituations and/or the Provincial Government/Kabupaten/City, the Entity, Association and/or Public Representative to discuss a matter related to the execution of the task and authority of the Board.

(7) In a Public Hearing Meeting (Public Hearing) as referred to in paragraph (1) attended by all Members The committee, the Secretariat, the Directorate, the Chief and the Acting Chief and the ranking officer and where required can also be attended by the Staff.

(8) Public Hearing results (Public Hearing) will be used as consideration for decision making. in the Committee Session.

The Fifth Section of the Committee Management Meeting

Article 12

(1) The Committee Management Meeting is the Coordination Meeting attended by

the entire Committee Member, the Secretariat, the Directorate, the Chief and the ranking officer (added with the associated agencies) and where the Management Meeting is required The committee may also be attended by Staff.

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(2) The Committee Management Meeting is held to discuss the progress of the development of the implementation of the Secretariat and Directorate outside to P3Dan.

(3) The Coordination Meeting as referred to in paragraph (1) is held periodically once in one week.

(4) The Committee Managers Meeting is proposed by a Member of the Committee, Secretariat and/or the Directorate to the Chairman of the Committee and/or the top Committee Chairman initiative.

(5) The Management Meeting of the Committee is headed by the Chairman of the Committee.

(6) If the Chairman of the Committee is impeded, then the Management Meeting of the Committee is headed by the Committee Member appointed by the Chairman of the Committee.

Part Six

Briefing Treatise Section 13

(1) Each meeting must be documented in the form of the Treatise Meeting and recording (voice recording).

(2) The Meeting consists of Event News, Notulen Meeting, and Hadir List.

(3) The News Event contains a summary of the substance of the meeting that the meeting has approved and authorized by the meeting leadership before the meeting is over.

(4) Notulen meeting contains the opinions of each meeting participant.

(5) The list of Hadir bears the name, and the sign of the meeting attendees present.

CHAPTER VI OF THE OTHER PROVISIONS

Article 14 (1) Changes to the Order of this Committee can be done in a Meeting

Committee.

(2) The Committee Meeting as referred to in paragraph (1) is attended at least 2/3 (two-thirds) of the Committee Member and is approved by at least more than (half) of the number of Commission Members present.

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BAB VII CLOSING provisions

Section 15 Under the Ordinance of this Regulation Board, then Regulation of the Lower Governing Body of Petroleum and Earth Gas No. 04 of 2013 on the Orderly Conduct Guidelines Of The Committee Meeting and The Committee on the Committee of the Lower Governing Body of Oil and Gas of the Earth, repealed and declared no longer valid.

Article 16

This rule came into effect on the date promulaled.

For everyone to know it, ordered the invitational. This regulation with its placement in the State News of the Republic of Indonesia.

Set in Jakarta on 10 April 2015

CHIEF GOVERNING BODY DOWNSTREAM OIL AND GAS EARTH, ttd

ANDY NOORSAMAN SOMMENG Diundang in Jakarta

on 10 April 2015

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA

ttd YASONNA H. LAOLY

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