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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BN 587-2015. doc REPUBLIC INDONESIA No. 587, 2015 BPH OIL and NATURAL GAS. Oil & Gas Committee Of BPH. Task. The authority. Implementation. Repeal. REGULATORY REGULATIONS OIL and GAS DOWNSTREAM number 05 2015 ABOUT CODE of CONDUCT IMPLEMENTATION of DUTIES and AUTHORITIES of the STATE of REGULATORY COMMITTEE for OIL and GAS with the GRACE of GOD ALMIGHTY HEAD of REGULATORY DOWNSTREAM OIL and GAS, Considering: a. that in order, efficiency, regularity and efektitas of work of the Committee, need to set Regulatory Code of conduct implementation of tasks and authorities of the Regulatory Committee on the downstream oil and Gas; b. that based on considerations as referred to in letter a, the need to establish Regulatory Regulations oil and Gas Downstream of the code of conduct implementation of tasks and authorities of the Regulatory Committee on the downstream oil and Gas; Remember: 1. Act No. 22 of 2001 concerning oil and Gas (State Gazette of the Republic of Indonesia year 2001 Number 136, an additional Sheet of the Republic of Indonesia Number 4152); 2. The Government of the Republic of Indonesia Number 67 in 2002 about the Regulatory Provision and distribution of fuel oil and Gas Transportation business activities through the pipe (www.peraturan.go.id 2015, Sheet No. 587 2 Republic of Indonesia Number 141 in 2002, an additional Sheet of the Republic of Indonesia Number 4253) as amended by regulation of the Government of the Republic of Indonesia Number 49 in 2012 about the changes to the regulation of the Government of the Republic of Indonesia Number 67 in 2002 about the Regulatory Provision and distribution of fuel oil and business activities The transport of Natural Gas through the pipeline (Gazette of the Republic of Indonesia Number 95 in 2012, an additional Sheet of the Republic of Indonesia Number 5557); 3. Government Regulation Number 36 in 2004 about the business activities of the Downstream oil and Gas (State Gazette of the Republic of Indonesia Number 124 in 2004, an additional Sheet of the Republic of Indonesia Number 4436), as amended by Government Regulation number 30 in 2009 about the changes to the Government Regulation Number 36 in 2004 about the business activities of the Downstream oil and Gas (State Gazette in 2009 Indonesia Number 59 Additional Sheets, the Republic of Indonesia Number 4996); 4. The decision of the President of the Republic of Indonesia Number 86 in 2002 on the establishment of a Regulatory Provision and distribution of fuel oil and Gas Transportation business activities Through the pipe as amended by regulation of the President of the Republic of Indonesia Number 45 in 2012 (the State Gazette of the Republic of Indonesia in 2012 the number 103); 5. Regulation of the Minister of energy and Mineral resources of the Republic of Indonesia number 25 in 2012 about the Organization and the work of the Secretariat and the Directorate On Regulatory Provision and distribution of fuel oil and Gas Transportation business activities through the pipeline (news of the Republic of Indonesia year 2012 Number 992); Decide: Define: REGULATORY REGULATIONS OIL And GAS DOWNSTREAM Of The CODE Of CONDUCT IMPLEMENTATION Of DUTIES And AUTHORITIES Of The STATE Of REGULATORY COMMITTEE On OIL And GAS. www.peraturan.go.id 2015, no. 587 3 CHAPTER I GENERAL PROVISIONS article 1 in regulation it is: 1. is a Regulatory body established to conduct the arrangements and supervision against the provision and distribution of Fuel oil and Natural Gas as well as the transport of Gas Through Pipelines on the downstream business activities. 2. Members of the Committee is appointed by the President of the Republic of Indonesia upon the written consent of representatives of the Republic of Indonesia for the period specified and set out in the decision of the President of the Republic of Indonesia. 3. the Chairman of the Committee is a member of the Committee that approved in writing by the Representatives of the Republic of Indonesia became the Chairman of the Committee. 4. the Chairman of the Committee is the Chief Regulatory Agency. 5. The head of the Regulatory Agency of the State of Balance is the head of oil and Gas are assumed by the Chairman of the Committee 6. Regulatory Code of conduct is a Regulatory provision regulates the order of execution of duties and authorities of the members of the Committee. 7. The secretariat is the Regulatory Secretariat is supporting the smooth execution of the duties and functions of the Regulatory position is under the head of Agency Managers. 8. The Directorate is supporting technical elements in the implementation of the duties and functions of the Regulatory position is under the head of Agency Managers. 9. the Committee meeting is a meeting that is done in order to ripen the ingredients as a Council Committee and internal Regulatory coordination meetings are held to discuss technical issues and administrative as well as among other fundamental strategic plan Committee 5 (five), the Annual work plan and Annual Budgets, Business registration number, special rights, guidelines relating to the duties and functions of the Regulator Body. 10. the Committee is meeting the highest Committee led by the Chairman of the Committee and is the highest forum in the collegial nature of the decision-making in the framework of the arrangement, the determination and supervision of which is the duty and function of Regulatory www.peraturan.go.id 2015, no. 587 4 11. Public hearing (Public Hearing) was meeting for the dissemination of information and/or obtain input from Stakeholders (Stakeholders) in order execution of the duties, functions and powers of Regulatory Bodies. 12. Meetings of the Management Committee is meeting to discuss strategic issues Committee that was attended by the oil & gas and BPH can be attended by the Parties concerned. CHAPTER II DUTIES and AUTHORITIES of the first Regulatory duties and authorities of article 2 (1) the provisions concerning the Agency's Regulatory duties and authorities provided for in article 4 and article 5 the Government Regulation Number 67 in 2002 about the Regulatory Provision and distribution of fuel oil and Gas Transportation business activities Through the pipe as amended by government regulation Number 49 in 2012 about the changes to the regulation of the Government of the Republic of Indonesia Number 67 in 2002 about the Regulatory Provision and distribution of Materials Oil and Gas Transportation business activities through the pipeline. (2) the Division of duties and authorities of each Member of the Committee it was decided in the Council Committee. The second part of the task, the authority and the responsibility of the Chairman of the Committee on article 3 (1) the Chairman of the Committee are appointed and dismissed by the President after obtaining written consent of Republic of Indonesia people's representative Council (DPR-RI), based on the proposal of the Minister of energy and Mineral resources. (2) the Chairman of the Committee has the task of: a. lead the meeting Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee; b. coordinate the duties of members of the Committee have been agreed upon in the Committee; www.peraturan.go.id


2015, no. 587 5 c. conduct coordination and consultation to the members of the Committee in the discharge of duties; d. do the coordination and discussion against the proposed Committee members in meetings/Hearings Committee; e. carry out the decision of the Council Committee meeting as head of the Agency Managers; f. letter/document mendisposisikan to all members of the Committee related to the scope of the duties of members of the Committee; and g. is responsible for the smooth execution of Meetings of the Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee. (3) in carrying out the tasks referred to in paragraph (2), the Chairman of the Committee is authorized to: a. delegate to Committee members to carry out specific tasks as stipulated in government regulation Number 67 in 2002 about the Regulatory Provision and distribution of fuel oil and Gas Transportation business activities Through the pipe as amended by government regulation Number 49 in 2012 about the changes to the regulation of the Government of the Republic of Indonesia Number 67 in 2002 about the Regulatory Provision and distribution of fuel oil and business activities Transport Of Gas Through Pipelines; b. delegate to Committee members to represent the body of the Regulator in the coordination meetings of ministries/institutions, seminars, workshops, and other activities related to oil and gas well organized within the country or abroad; c. in the event the Chairman of the Committee unable to attend a mandatory appoints one of the members of the Committee to lead the Committee and Meetings of the Committee; and d. in terms of Committee Chairman does not designate one of the members of the Committee, meetings of the Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee, then the hearing/meeting led by members of the Committee are elected among the members of the Committee are present. www.peraturan.go.id 2015, no. 587 third part 6 duties, authority and responsibilities of the Members of the Committee on article 4 (1) the members of the Committee are appointed and dismissed by the President after approval of the DPR-RI, based on usuIan Minister of energy and Mineral resources. (2) a member of the Committee has the task of: a. the proposed activities related to the tasks and functions of the body of the Regulator; b. make decisions taken/specified in the meeting Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee; c. hold and/or make a visit through the assignment of head of Agency Managers and report the results in writing; d. represent Regulatory in meetings at other agencies in accordance with its duties; e. Committee meetings, Committee Meetings, Public Hearings (Public Hearing) and the meeting of the Management Committee and provide an opinion with regard to the material covered; f. meetings of the Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee if unable to attend is obligated to inform the Chairman of the Committee and all the members of the Committee before the event begins; g. respect and comply with all the decisions of the Committee; and h. responsible personally for any decision taken without going through the decision of the Committee or the Council. (3) in carrying out the tasks referred to in paragraph (2), a member of the Committee responsible for the decision of the meeting of the Committee. (4) in carrying out the tasks referred to in paragraph (2), a member of the Committee is authorized to: a. conduct surveillance against implementation of decisions relating to the tasks and functions of Regulatory Bodies; b. representing the body of the Regulator in meetings at other agencies over the permissions Committee Chairman in accordance with its duties and report www.peraturan.go.id 2015, no. 587 7 the results to the Chairman of the Committee with copies to the members of the Committee; and c. the decision as the Acting Chairman of the Committee officials except the things pertaining to the authority as a power user (KPA) and Budget related to Personnel, equipment, financing, and documentation (P3D). CHAPTER III RIGHTS and OBLIGATIONS part one rights and obligations of the Chairman of the Committee to article 5 (1) rights of the Chairman of the Committee: a. lead the meeting Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee; b. appoint one of the members of the Committee as the Chairman of the meeting and/or Committee referred to in letter a, if the Chairman of the Committee unable to; c in addition to the powers referred to in subsection (1), the Chairman of the Committee have authority similar to that of other members of the Committee. (2) the obligations of the Chairman of the Committee: a. lead and/or Council Committee; b. coordinating implementation Committee members through Committee Hearings; c. hold Hearing (Public Hearing) and the public Committee Hearing that was approved in the meeting of the Committee; d. respect and obey the decisions of the Committee; e. appoint one of the members of the Committee as implementing daily Committee Chairman and heads of Regulatory Agencies in misadventure. www.peraturan.go.id 2015, no. 587 8 part two obligations of members of the Committee to article 6 (1) rights of the members of the Committee: a. have a voice in the decision-making process in the Council Committee and cannot be delegated; b. have the proxy rights (rights of delegate votes) because it leaves the Committee before the hearing Committee completed and approved by the members of the Committee are present. The proxy rights should only be accepted by a member of the Committee; c. gain access and obtain information and/or data from the head of the Regulatory/Secretariat/Directorate/Experts directly; d. hold the consultation and communication with professionals, and other related institutions (stakeholders), both national and international; e. obtain facilities and infrastructure of the Directorate and/or through The leadership of the Secretariat in order to smooth implementation tasks; f. at least one Committee member accompanying the head of the Agency's Managers in meetings outside of the Regulatory environment; g. independent in issuing opinions and have the right spoke owned with professionalism based on full responsibility in meeting environmental Regulatory Bodies such as the outside of a meeting with the leadership of the Minister of energy and Mineral resources, Hearing with House of representatives (DPR), and others; h. set of policy issues related to budgeting, Personnel, equipment and documentation (P3D); i. proposed Council committees, Public Hearings and meetings (Public Hearing) to the Chairman of the Committee; j. proposed a meeting of the Committee to the Chairman of the Committee and the members of the Committee; k. proposing Regulatory Rules; b. Add insights/knowledge through visits service both within and outside the country; m. propose in writing a hearing Committee and Hearing the public (Public Hearing) to the Chairman of the Committee; www.peraturan.go.id


2015, no. 587 9 n. obtain legal assistance related to the decisions taken in the framework of the implementation of the duties and functions of the body of the Regulator; o. accompanied by technical staff related to limited tasks outside the Office; p. facility of at least equal precedence Echelon I; q. obtaining salary/honorarium, other legitimate income, as well as rights and other facilities in accordance with the applicable legislation; r. obtained leave of absence in accordance with the provisions in force; and s. get help at least 1 (one) person Assistant to support the task. (2) the obligations of members of the Committee: a. attending Meetings of the Committee, the hearing Committee, meetings of Public Hearings (Public Hearing) and the meeting of the Management Committee; b. attend other meetings which is a task that is charged to him by the Chairman of the Committee and/or the head of Agency Managers; c. report of the results of the meeting outside the body of the Regulator and the results of the working visits to the Chairman of the Committee (Chief Agency Managers) with copy to the members of the Committee; d. perform the duties as Acting Chairman of the Committee or Council as the Chairman of the Committee meetings or as Implementing Daily Regulatory Head; e. respect and obey the decisions of the Committee. f. inform the Chairman of the Committee and other members of the Committee, if unable to attend a meeting of the Committee, in the Committee's Public Hearings and meetings (Public Hearing); and g. provide opinions pertaining to the material covered in the hearing Committee and respect the opinion of other members of the Committee. CHAPTER IV the PRESENCE of WORKING COMMITTEE of article 7 (1) a mandatory Committee members present in the meetings and proceedings of the Committee. www.peraturan.go.id 2015, no. 10 743 (2) each Member of the Committee is obliged to fill out the list of the Present meeting. (3) in no case may be present at meetings of Council and committees, Committee member is obliged to notify in writing or orally to the Committee Chairman or the Chairman of the meeting. Chapter V meetings of REGULATORY Part of the first meeting of article 8 (1) in the performance of the duties and authority of the head of Agency Managers can conduct meetings of Regulatory Bodies. (2) the types of meetings held at the Regulator Body consists of: a. b. the Council Committee meeting Committee c. Meeting the Public Hearings (Public Hearing), and Committee Management Meeting d. (3) any holding of a meeting is preceded by the delivery of the meeting invitation. (4) the invitation of the meeting referred to in subsection (3), should pay attention to the following matters: a. Delivered at least 2 (two) days prior to the implementation meeting. b. Contain information as follows: 1) the agenda of the meeting; 2) leadership meeting; 3) time and place of the meeting; 4 the invite list). c. meeting materials attached with the Meeting Invitation can be sent via hard copy or soft copy. (5) the invitation of the meeting signed by the head of the agency or designated Manager. www.peraturan.go.id 2015, no. 587 11 Committee meeting of the second part of article 9 (1) meeting of the Committee was the coordinating meeting of the Agency's internal Regulator which was held to discuss technical issues and administrative as well as fundamental: strategic plan of the Committee 4 (four), Annual work plan and Annual Budgets, Business registration number (NRU), special rights, guidelines relating to the duties and functions of the Regulator Body. (2) the Meetings of the Committee as intended in paragraph (1) was attended by members of the Committee and may be attended by the Secretariat of the Agency and the Directorate. (3) a meeting of the Committee was proposed by the members of the Committee, the Secretariat of the Directorate of the agency or to the Chairman of the Committee or upon the initiative of the Chairman of the Committee. (4) the Meetings of the Committee led by the Chairman of the Committee or Committee members. (5) if the Chairman of the Committee unable to, then the Committee meeting led by an appointed Committee members orally or in writing by the Chairman of the Committee. (6) Committee meeting held at least one time within 1 (one) week. (7) Meetings of the Committee are considered legitimate if attended by at least half plus one of the number of members of the Committee and had signed the list of attendance. If it is not finished, the meeting can proceed at a time that was agreed upon without a fill list of Present again. (8) the Committee meeting can decide things that are technical and administrative and Committee Meetings Forward poured in. (9) the conclusion of the meeting of the Committee will be used as the consideration and recommendations in carrying out the duties and functions of the Regulator Body. The third session of the Committee of article 10 (1) of the Council of the Committee is the Supreme Committee meeting led by the Chairman of the Committee and is the highest forum in the decision-making of the Committee in the framework of the arrangement, the determination and supervision of which is the duty and function of the body of the Regulator. www.peraturan.go.id 2015, no. 587 12 (2) the Committee referred to in subsection (1), attended by members of the Committee and if necessary can be attended by the Secretariat and the Directorate. (3) a hearing Committee proposed in writing by the members of the Committee to the Chairman of the Committee or the Directorate (head of the Regulator Body) or on the initiative of the Chairman of the Committee. (4) a hearing Committee led by the Chairman of the Committee. (5) if the Chairman of the Committee unable to, then the Committee led by members of the Committee are appointed by the Chairman of the Committee. (6) the Council of the Committee as intended in paragraph (1), held after the disidangkan material already covered at the Meetings of the Committee. (7) the hearing Committee is considered legitimate if attended by at lack of half plus one of the number of members of the Committee and had signed the list of attendance. (8) the decision of the hearing Committee is considered legitimate if attended by at least 5 (five) members of the Committee. (9) Decision as referred to in paragraph (7) be done: a. collegial basically kept to conversationally to achieve consensus; b. If the deliberation to reach a consensus is not reached, then decisions are taken based on the votes of the Committee members are present; c. If the majority is not achieved, then the decision-making agenda rescheduled. (10) in terms of the number of votes agreeing with balanced does not agree, the Chairman of the Committee or a member of the Committee who led the Committee defer a decision until it obtained a decision based on the most votes. (11) decision making with the most votes could be held openly or in closed (secret). (12) during the session of the Committee on the progress of the Secretariat agency or Directorate, to prepare themselves for any time summoned to give an explanation technically or law. (13) the Committee Hearing was to be held at the offices of the Agency Manager. (14) All decisions of the Council Committee was a Regulatory decision which should be by the head of the Agency was signed concurrently as Chairman of the Committee. www.peraturan.go.id


2015, no. 587 13 part four Meetings Public Hearings (Public Hearing) article 11 (1) meeting the Public Hearings (Public Hearing) is the implementation of the duties and functions of the Regulator Agency in conveying information about policies and activities are made public. (2) the Public Hearing (Public Hearing) is a container of deployment and the distribution of information within the framework of the formation of positive public opinion for the Agency in the execution of his duty Manager team meeting the examiner was carried out according to needs. (3) before a Public Hearing is held (Public Hearing), the material discussed in the Meetings of the Committee. (4) a Public Hearing (Public Hearing) proposed by the members of the Committee to the Chairman of the Committee or upon the initiative of the Chairman of the Committee. (5) a Public Hearing (Public Hearing) led by the Chairman of the Committee or one of the members of the Committee are present. (6) a Public Hearing (Public Hearing) attended by Ministries/Agencies and/or provincial government/County/City, business entities, associations and/or Community Representatives to discuss a related issue the implementation of tasks and authorities of the Regulatory Agency. (7) in the Hearing of the public (Public Hearing) as referred to in paragraph (1) was attended by all the members of the Committee, the Secretariat, Directorate, head of the Department and officials of elementary schoolchildren and when needed can also be attended by the staff. (8) the results of the Public Hearings (Public Hearing) will be used as a consideration of decision-making in the Council Committee. The fifth meeting of Committee Management section of article 12 (1) meetings of the Management Committee is the Coordination Meetings attended by all members of the Committee, the Secretariat, Directorate, head of the Department and officials of elementary schoolchildren (added with related institutions) and where necessary the meeting Management Committee may also be attended by the Staff. www.peraturan.go.id 2015, no. 587 of 14 (2) Management Committee Meeting held to discuss the progress report of the implementation of the tasks of the Secretariat and Directorate outside to P3Dan. (3) Coordination Meeting referred to in subsection (1) is held regularly once a week. (4) the meeting Manajamen the Committee proposed by the members of the Committee, the Secretariat and/or the Directorate to the Chairman of the Committee and/or on the initiative of the Chairman of the Committee. (5) meetings of the Management Committee led by the Chairman of the Committee. (6) if the Chairman of the Committee unable to, then the meeting of the Management Committee led by members of the Committee are appointed by the Chairman of the Committee. The six-part Treatise Meetings Article 13 (1) of each meeting should be documented in the form of meetings and recordings of Treatise (voice recording). (2) the treatise of the meeting consists of a News event, minutes of meetings, and the list of attendance. (3) the news of the event contains the summary of the substance of deliberations of a meeting which has been approved and the meeting participants endorsed by the leadership of the meeting before the meeting is over. (4) the minutes of the meeting contains the contents of the opinions of each of the participants of the meeting. (5) the Present List contains the name, signature and the meeting participants were present. CHAPTER VI miscellaneous PROVISIONS Article 14 (1) changes to the Conduct of this Committee may be made in the Meetings of the Committee. (2) the Meetings of the Committee as intended in paragraph (1) attended at the lack of 2/3 (two thirds) of members of the Committee and approved by at least more than half of the number of members of the Commission are present. www.peraturan.go.id 2015, no. 587 15 CHAPTER VII PROVISIONS COVER Article 15 with this Regulatory Rules enforced, then the Regulatory regulation of the downstream oil and Gas number 04 2013 Meeting Conduct Guidelines of the Committee and the Council Committee Regulatory Downstream oil and Gas, was revoked and declared no longer valid. Article 16 this Regulation comes into force on the date of promulgation. So that everyone knows your people, ordered the enactment of this regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on April 10, 2015 CHIEF REGULATORY DOWNSTREAM OIL and GAS, NOORSAMAN SOMMENG ANDY ttd Enacted in Jakarta on April 10, 2015, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA ttd YASONNA h. www.peraturan.go.id LAOLY

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