Key Benefits:
REGULATION OF NORTH SUMATRA PROVINCE
NUMBER 3 YEAR 2013
ABOUT
GEOTHERMAL MANAGEMENT
WITH THE GRACE OF GOD ALMIGHTY
GOVERNOR OF NORTH SUMATRA,
DRAWS: A. That geothermal is an updated, potentially large, potentially important resource as an energy source to support regional development;
b. that geothermal utilization is relatively eco-friendly, so it needs to be encouraged to increase development and its use to give real added value to the region's economy and the welfare of the community;
c. that based on Article 6 paragraph (1) of the letter A Law Number 27 of 2003 on the Geothermal, the Provincial Government of the Province of Authorities forms the Regional Regulation of the geothermal mining area;
d. that based on considerations as referred to in the letter a, the letter b, and the letter c, need to establish the Province of North Sumatra Provincial Regulation on Geothermal Management;
Given: 1. Law No. 24 Year 1956 on the Establishment of the Autonomous Region of the Atjeh Propinsi and the Changing Regulation of the Establishment of the Propinsi of North Sumatra (State Sheet of Indonesia Year 1956 Number 64, Additional Gazette of the Republic of Indonesia Number of Indonesia 1103);
2. Law No. 27 of 2003 on Geothermal (leaf of State of the Republic of Indonesia in 2003 Number 115, Additional Gazette of the Republic of Indonesia Number 4327);
3. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic of 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as it has been several times
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amended last time by Act No. 12 of 2008 on the Second Amendment of the No. 32 Act 2004 on the Local Government of the Republic of Indonesia 2008 No. 59, the additional state sheet Republic of Indonesia No. 4844);
4. Law Number 33 Year 2004 on Financial Balance Between the Central and Regional Governments (State of the Republic of Indonesia in 2004 Number 126, Additional Gazette of the Republic of Indonesia Number 4438);
5. Law Number 25 Year 2007 on Capital Cultivation (State Sheet Of Republic Of Indonesia In 2007 Number 67, Addition Of The Republic Of Indonesia State Sheet Number 4724);
6. Law Number 26 of 2007 on the Alignment of the Space (State Sheet of the Republic of Indonesia in 2007 Number 68, Additional Gazette of the Republic of Indonesia Number 4725);
7. Law No. 32 of 2009 on the Protection and Management of the Environment (Indonesian Republic of Indonesia Year 2009 Number 140, Additional Gazette of the Republic of Indonesia Number 5059);
8. Government Regulation No. 21 of 1950 on the Establishment of the Propinsi Region (State Sheet of the Republic of Indonesia in 1950 Number 59)
9. Government Regulation No. 38 of 2007 on the Division of Government Affairs between Government, Provincial Government and Regional Governments/Kota (sheet of State of the Republic of Indonesia in 2007) No. 82, additional state sheet Republic of Indonesia No. 4737);
10. Government Regulation Number 59 Of 2007 On The Activities Of The Geothermal Enterprises (sheet Of State Of The Republic Of Indonesia Year 2007 Number 132, Additional Sheet Of The Republic Of Indonesia Number 4777);
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11. Government Regulation Number 70 Year 2010 on Changes to Government Regulation Number 59 of 2007 on the Activities of the Geothermal Effort (Sheets Of State Of Indonesia In 2010 Number 121, Additional Sheet Of State Republic Of Indonesia Number 5163);
12. Government Regulation Number 9 Year 2012 on Types and Tarif Over Types of State Reception Not Taxes Applicable To the Ministry of Energy and Mineral Resources (2012 Republic of Indonesia State Sheet Number 16, Additional Sheet of State Republic of Indonesia Number 5276);
13. Government Regulation No. 27 of 2012 on Environmental Permits (Sheet State Of The Republic Of Indonesia In 2012 Number 48, Addition Of State Sheet Republic Of Indonesia Number 5285);
14. The Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia No. 11 of 2008 on the Tata Cara Redemption of the Geothermal Mining Working Area of the Earth;
15. Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia No. 11 of 2009 on the Guidelines of Hosting Activities of the Geothermal Effort of Earth;
16. The Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 22 Year 2012 on Assignment To PT. The State Electricity Company (Persero) Is To Do The Electric Power Purchase Of The Earth's Thermal Power Plant And The Benchmark Price Of Electric Power Purchase By PT. The State Electric Company (Persero) Of The Earth ' s Thermal Power Plant;
17. Area Regulation No. 8 of 2008 on the Organization and Works of the Regional Service of the Province of North Sumatra (LEAF OF THE PROVINCE OF NORTH SUMATRA IN 2008 NUMBER 8, IN ADDITION TO THE PROVINCE AREA OF NORTH SUMATRA PROVINCE NUMBER 8).
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With THE JOINT APPROVAL OF THE PEOPLE ' S REPRESENTATIVE COUNCIL OF NORTH SUMATRA PROVINCE
AND GOVERNOR OF NORTH SUMATRA
DECIDED:
SET: A LOCAL REGULATION ON GEOTHERMAL MANAGEMENT.
BAB I
provisions of UMUM
Article 1
In this Region Regulation referred to:
1. The area is North Sumatra Province.
2. The Minister is the Minister for organizing government affairs in the field of geothermal space.
3. The Regional Government is the Governor and the Regional Device as an element of the organizing element of the province of North Sumatra Province.
4. The Governor is the Governor of North Sumatra.
5. The District/City Government is the Regent/Mayor and the Regional Device as the organizer of the District/City government's administrative organizer in North Sumatra.
6. -The mayor is the Regent/Mayor of North Sumatra.
7. Service is the Provincial Bureau of Mines and Energy of North Sumatra.
8. The next head of the Service is called Kadis, who is the Head of the North Sumatra Provincial Mining and Energy Service, which ex-officio occupies the position of Chief Inspector of Mine in the Regional Government environment.
9. State acceptance is not a tax is the whole acceptance of the Central Government that does not come from taxation receipts.
10. Mine Inspector is an officer who has a duty and supervising function in the field of geothermal mining engineering in the Regional Government environment.
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11. Geothermal is a source of heat energy contained in hot water, water vapor and rocks along with other minerals and other gases that are genetically inseparable in a geothermal system and for the necessary heating. The mining process.
12. Geothermal management is a broad management of all inventory activities, preliminary surveys, information management, licensing, coaching and supervision in the management of geothermal mining.
13. The Earth's Hot Mining effort is an effort that includes exploration, feasibility studies and exploitation.
14. The Earth ' s Heat Mining Effort, next called the IUP, is the permission to carry out geothermal mining efforts.
15. The Preliminary Survey is an activity that includes the collection, analysis and presentation of data related to information of geological, geophysical, and geochemical conditions to estimate the location and presence of geothermal resources as well as the work area.
16. Exploration is a series of activities that include geological investigations, geophysics, geochemistry, test drilling and exploration well drilling that aim to acquire and add information on the surface geological conditions to discover and get an estimate of Earth ' s heat potential.
17. Feasibility study is the stage of the geothermal mining venture activity to obtain information in detail all aspects related to determining the feasibility of geothermal mining efforts, including investigations or studies of the number of reserves could be exploited.
18. Exploitation is a series of activities on a particular work area that includes the development of development wells and reinjection wells, construction of the field facilities and the production operation of geothermal resources.
19. The Geothermal Mining Workspace of the Earth, which is next called the Workspace, is the region set in the IUP.
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20. Direct utilization is the activities of energy utilization and/or geothermal fluids for non-electric purposes, both for the common interest and for its own sake.
21. Indirect Utilization for electric power is the activities of geothermal energy utilization for power generation, both for common purposes and for its own sake.
22. An Entity is any legal entity that may be a state owned entity, an area owned, cooperative or private entity established in accordance with the provisions of the applicable laws, running a fixed type of business and continuously, work and be located within the territory of the Republic of Indonesia.
23. The Working Area auction is a particular Working Area offering to the business agency as a series of activities to get IUP.
24. Coaching is any effort that includes briefing, guidance, guidance, training and counseling in the execution of geothermal management.
25. Supervision is an activity that is done to ensure the pressure of an invite-an invitation for geothermal management in accordance with the provisions of the law-invitation regulations in the geothermal field.
BAB II
INTENT AND PURPOSE
Part Part
Mean
section 2
The geothermal management is intended to develop and establish the geothermal resources through management and enterprise optimally, efficient, transparent, sustainable, and Environmental knowledge, and justice, to benefit from the size of the world. Community welfare and regional development.
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Second Section
Purpose
Article 3
The purpose of geothermal management is: a. ensuring the effectiveness of execution and
control of the geothermal mining efforts to increase the added value for the region's economy and the welfare of the people;
b. ensuring the availability of geothermal planning and utilization as an energy source;
c. develops regional capabilities in the field of geothermal management through the mastery of geothermal mining science and technology;
d. developing partnership patterns and community empowerment; and
e. ensuring legal certainty in the staging of geothermal mining business activities in the area.
BAB III
SCOPE AND AUTHORITY
Part Parts
Scope Scope
Section 4
The scope of management the geothermal, including:
a. inventory of geothermal potentization;
b. earth ' s geothermal mining workspace;
c. geothermal mining effort permit;
d. the implementation of the geothermal mining business permit activities;
e. the rights and obligations;
f. development and empowerment of the community;
g. area revenue;
h. coaching and surveillance.
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Second section
authority
section 5
Local government authority in geothermal management, including:
a. creation of local laws;
b. IUP grant, coaching and supervision of geothermal mining efforts on cross-county/kota;
c. coaching and supervision of geothermal mining efforts that impact the traffic/kota;
d. Management of geothermal and geothermal information on cross-county/kota;
e. Inventory and balance of resources and geothermal deposits in the Province.
BAB IV
INVENTORY OF GEOTHERMAL POTENTIAL
Article 6
(1) The governor carries out an inventory of geothermal potential through survey activities The primary.
(2) The primary survey as referred to in paragraph (1) is performed on the traffic/city area.
(3) In carrying out a preliminary survey as referred to in paragraph (1), the Governor is coordinating with the Minister and the Regent/Mayor.
(4) The execution of a preliminary survey as referred to in paragraph (1) is performed by the Service.
(5) In terms of the need for the implementation of the preliminary survey as referred to in paragraph (4) can be the Service in cooperation with the School Height as well as the Regional Research and Development Agency.
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Section 7
(1) The data collection of the preliminary survey results as referred to in Section 6 of the paragraph (1) is recorded and compiled for any region equipped with borders, coordinates, and area.
(2) Governor Must be required to deliver the results of the preliminary survey.
Section 8
(1) The results of the preliminary survey results as referred to in Section 7 of the paragraph (1) used as the basis of drafting geological information and geothermal potential on the cross region -District/City.
(2) The management of geothermal and geothermal information as referred to in paragraph (1) is used for geothermal development in cross-county/city areas.
Article 9
The governor may propose to the Minister of a region for the assignment of a preliminary survey by another party.
BAB V
REGION OF WORK
Part Parts
The Work Area Offer
Section 10
(1) The geothermal resource activity is executed on a Working Area established by the Minister.
(2) The Governor offers the Workspace as referred to in paragraph (1) to the business entity by way of auction through print media, electronic media and other media.
(3) In carrying out an offer The Working Area as referred to in verse (2), the Governor formed the Working Area Auction Committee.
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Second section
The membership of the auction committee
section 11
(1) The Committee of Work Auction as referred to in Article 10 of the paragraph (3) consists of a representative of the Ministry of Energy and Mineral Resources, The Regional Government and the Municipal/City Government are related.
(2) The Chairman of the Working Area Board of Work as referred to in paragraph (1) was held by Kadis.
(3) The duty, authority and responsibility of the Workspace Board of Work. as set forth in the (1) section of the above paragraph: Set up a schedule and set the location
Workspace auction;
b. setting up an auction document;
c. announces the Workspace auction;
d. Rating the business entity's qualifications through prequalification;
e. conduct an evaluation of the incoming offer;
f. propose a winning candidate;
g. make the Workspace auction event news.
(4) In terms of required, the Working Area Auction as referred to in Article 10 of the paragraph (3) may appoint experts as a source of academic, hot profession association earth, or practitioner.
(5) The cost of the implementation of the Workspace auction is charged in the Regional Revenue and Shopping Budget.
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The Third Part
The Lelang Participant Requirements
Article 12
(1) To follow the Work Area auction, the auction participant's business entity as referred to in Article 10 of the paragraph (2) must meet the requirements: a. administrative;
b. technical; and
c. finance.
(2) administrative requirements as referred to in paragraph (1) the least included letter: a. IUP mail letter to the Governor;
b. The identity of the applicant/deed of establishment of the company;
c. corporate profile;
d. mandatory principal number;
e. a statement of the statement of the workspace data base price;
f. A Statement of Incentive Compensation (awarded compensation) except for the other party who has a preliminary survey assignment;
g. a statement of statement of misrepresentation placed a guarantee of the conduct of exploration activities.
(3) The technical requirements as referred to in paragraph (1) the least include b letters: a. exploration technical plans or studies
eligibility;
b. exploration schedule plans or feasibility studies;
(4) Financial Requirements as referred to in paragraph (1) the least included c letters: a. funding capability;
b. evidence placement of auction guarantees a minimum of 2.5% of the first year exploration fee plan of a government bank on behalf of the Workspace Auction Committee;
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(5) The warranty of the auction as referred to in paragraph (4) the letter b shall be returned to the lost enterprise of the auction.
(6) Further provisions of the terms as are referred to in paragraph (1) and the layout The auction is set up with the Governor's Rule.
Fourth Quarter
Evaluation of the Offer
Article 13
(1) The Workspace Auction Committee referred to in Article 10 of the paragraph (3) conduct an evaluation of the incoming bids. through a phase and second stage evaluation evaluation mechanism.
(2) Evaluation of the kesatu stage as referred to in paragraph (1) includes administrative, technical, and financial evaluation.
(3) Evaluation of the second stage as referred to in paragraph (1) includes the evaluation of the vapor price or the price of electrical power associated with technical evaluation and The laws of the country are in accordance with the terms of the law.
(4) The determination of the Working Area auction-winning candidate rating is conducted based on the evaluation as referred to in paragraph (3).
Section 14
Tata methods of administrative, technical and financial evaluation as referred to in Article 13 of the paragraph (2) are further set up with the Governor's Rule.
Fifth Section
The Workplace Auction Winner
Article 15
(1) The Working Area Auction Committee referred to in Article 10 paragraph (3) is required to propose the ranking of the Working Area auction winners including making news of the Work Area auction event to the Governor.
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(2) The governor set the Working Area auction-winning agency based on the proposed ranking of the Working Area auction winner as referred to in paragraph (1).
(3) The Governor informs in writing of the designation of the winner of the auction to the auction of the Working Area auction winner as referred to in verse (2).
BAB VI
GEOTHERMAL MINING BUSINESS PERMIT
Part Kesatu
Tata Cara Giving IUP
Article 16
(1) Before being granted IUP by the Governor, the Working Area auction winner ' s agency as contemplated in Section 15 of the paragraph (2) in the most prolonged period of 30 (thirty) days of date has been established as the winner of the Job Region auctions to complete the obligations that include: a. pay the base price of the Workspace data; b. pay for data compensation (awarded
compensation) to the entity that performs a preliminary survey assignment but does not become a Work Area auction winner; and
c. puts the guarantee of an exploration execution on the account Together between the auction-winning business agency with the Governor on a government bank.
(2) The order of payment and quantity of the base price of the Workspace data, the compensation of data (awarded compensation) and the guarantee of an exploration implementation as well as the referred to in paragraph (1) is exercised under the terms of the laws.
Section 17
(1) In the case of a Working Area auction-winning entity not fulfilling its obligations in the term as referred to in Article 16 of the paragraph (1) is declared dead, the next ranked venture entity is immediately set to be The winner of the State auction by the Governor.
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(2) In the event the entity is declared dead as referred to in paragraph (1), then the warranty of the auction as referred to in Article 12 of the letter b shall belong to the state and to the state coffers by the Committee of the Auction Work Area.
(3) The auction-winning business agency next rank as referred to in paragraph (1) is required to fulfill the obligations as referred to in Article 16 of the paragraph (1).
(4) Further provisions on the terms of placement and thawing of the auction guarantee fund and the guarantee of exploration implementation are further regulated by the Governor's Regulation.
Second Part
IUP
Article 18
(1) geothermal mining efforts include: a. Exploration; b. Feasibility study; c. Exploitation.
(2) The geothermal mining effort as referred to in paragraph (1) can only be exercised by the enterprise after it gets IUP from the Governor.
(3) The governor gives IUP to the Working Area auction winner ' s agency who have completed the obligations as referred to in Article 16 of the paragraph (1).
(4) Each entity can only attempt one (one) Workspace.
(5) In case the business entity will work out some Workspace, it must be set up separately for each Workspace.
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The Third Part
Term and Broad
Article 19
(1) IUP may be provided within the longest term of 35 (thirty-five) years for activities including: a. exploration, applicable in the most
length of 3 (three) years and can be extended at most 2 (two) times each for 1 (one) years;
b. the feasibility study, applicable in the longest term of 2 (two) years;
c. exploitation, applicable in the most prolonged period of 30 (thirty) years since the exploration ends and may be extended.
(2) The term of the exploit as referred to in paragraph (1) the letter c may be extended according to the rules of the It's
Article 20
(1) The Area of Work for exploration which may be provided to the IUP holder's agency may not exceed 200,000 (two hundred thousand) hectares.
(2) The Workspace Area for the exploitation it can provide to IUP holders should not exceed 10,000 (ten thousand) hectares.
BAB VII
IMPLEMENTATION OF THE GEOTHERMAL MINING BUSINESS PERMIT
Part Kesatu
Exploration
Article 21
(1) IUP holders are required to deliver exploration long-term plans to the Governor c.q. Kadis most slowly 3 (three) months since IUP Granted.
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(2) An exploratory long-term plan as referred to in paragraph (1) includes an exploratory plan and plan of an exploratory budget.
(3) The IUP holders are required to deliver an annual job plan and shopping budget of exploration. to the Governor of c.q. Kadis the slowest 2 (two) months before the annual spending plan and the annual spending budget.
(4) The order of drafting the activities plan and budget plan as referred to in paragraph (2) as well as the work and budget plan Annual shopping as referred to in paragraph (3) is set further by Regulation Governor.
Article 22
(1) The governor carries out the evaluation of an exploratory plan as referred to in Article 21 of the paragraph (1) and the verse (3).
(2) The Governor may deliver the evaluation results as referred to in paragraph (1) to the IUP holder ' s business entity.
(3) The implementation of the evaluation as referred to in paragraph (1) and the delivery of the evaluation results as referred to in paragraph (2) are performed by the Service.
Article 23
In the most prolonged period (six) months after IUP is set, in accordance with the activities plan and the budget plan as referred to in section 21 of the paragraph (2), the IUP holders are required to begin its activities.
The Second Section
The Study of Eligibility
Article 24
IUP holders can do the study eligibility after completing the exploration and delivering detailed exploration reports to the Governor c.q. Kadis.
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Article 25
(1) IUP holders submit a long-term plan of feasibility study to the Governor c.q. Kadis slowest 3 (three) months since the end of exploratory activities.
(2) The study ' s long-term plan The eligibility as specified in paragraph (1) includes an activity plan and a feasibility study budget plan.
(3) The perversion of the feasibility study studies as referred to in paragraph (1) by attaching the document: a. proof of fixed dues payment
last exploration; b. final detailed exploration results; and c. work area change plan.
Article 26
(1) The feasibility study plan as referred to in Article 24 of the paragraph (1) includes: a. the schedule of feasibility studies; b. plan activities and the study budget plan
eligibility; and c. Analysis study plans on impact
environment.
(2) IUP holders are required to deliver an annual job plan and shopping budget of eligibility studies to the Governor c.q. Kadis slowest 2 (two) months before the annual job plan and shopping budget run.
(3) Tata drafting method The plan and plan of the feasibility study as referred to in Article 25 of the paragraph (2), as well as the annual shopping and budget plan as referred to in paragraph (2) are further regulated by the Governor's Regulation.
Article 27
(1) The governor carries out an evaluation of the feasibility study plan as referred to in Article 25 of the paragraph (2) and in Article 26 of the paragraph (2).
(2) The Governor delivered the evaluation results as referred to in paragraph (1) to the IUP holder ' s enterprise.
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(3) The implementation of the evaluation as referred to in paragraph (1) and the delivery of the evaluation results as referred to in paragraph (2) are performed by the Service.
Third Section
Exploitation
Section 28
(1) Licensee IUP can exploit after completing the feasibility study and submit a report of the results of the feasibility study to the Governor c.q. Kadis.
(2) The delivery of the results of the feasibility study as referred to in paragraph (1) by attaching it: a. the long-term plan of exploitation; b. environment eligibility decisions based
results of analysis on environmental impact or approval of environmental management efforts and environmental monitoring efforts.
(3) The delivery of the results of the feasibility study as referred to in the verse (1) is implemented in accordance with the provisions of the invitational rules.
Article 29
(1) The plan of the long-term exploits as referred to in Article 28 of the paragraph (2) of the letter includes the plan of activities and the plan of the budget of exploitation.
(2) Plan of activities and plan Aaran as referred to in paragraph (1) includes: a the location of the development drill point;
b. production well development activities;
c. financing;
d. production of production channel setup; and
e. earth ' s heat utilization plan;
(3) IUP holders are required to deliver an annual job plan and shopping budget exploit to the Governor c.q. Kadis slowest 2 (two) months before the annual job plan and spending budget run.
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(4) The order of the plan of activities and budget plans as referred to in paragraph (1), as well as the annual shopping and budget plan as referred to in paragraph (3) is further regulated by the Governor's Ordinance.
Article 30
(1) The governor conducts an evaluation of the exploitation plan as referred to in Article 29 of the paragraph (1) and the verse (3).
(2) The Governor delivered the evaluation results as referred to in paragraph (1) to the IUP holder ' s business entity.
(3) The implementation of the evaluation as referred to in paragraph (1) and the delivery of the evaluation results as referred to in paragraph (2) are performed by the Service.
Fourth Quarter
Temporary Stops
Section 31
(1) Temporary Termination of the earth's heat resource can be given to the holder of the IUP in the event of a state of the kahar and/or circumstance that obstructing it, resulting in the termination of some or all of the activities of the mining business. Geothermal.
(2) Temporary Termination Plea for heat resource (The earth) is sent to the Governor of the earth, at least fourteen (fourteen) days from the date of the occurrence of the disaster.
(3) the Governor of the State of the United States (the "Supreme War"). issuing a decision in the most prolonged period of 30 (thirty) days of work since the temporary termination request as referred to in paragraph (2) is accepted, with the provision given the longest one (one) year and may be extended most 1 (one) times for 1 (one) year.
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(4) The temporary suspension of the geothermal resource as referred to in paragraph (1) does not reduce the term of IUP.
Fifth Section
Working Area
Article 32
(1) IUP holders may return a portion of its Work Area to the Governor c.q. Kadis before the IUP term expires.
(2) In terms of IUP holders restore all of its Work Area, first required to deliver the data and other obligations set forth in the IUP.
(3) Terms of Work Terms and Conditions of Work return as referred to in paragraph (1), or paragraph (2) in accordance with the provisions of the laws.
Sixth section
Termination of IUP
Article 33
(1) IUP ends due to: a. Expires; b. returned; or c. revoked.
(2) In terms of the term specified in the IUP has expired and the application of the IUP extension is not submitted or the IUP extension request does not meet the requirements, IUP is declared terminated.
(3) IUP Holder may resubmit IUP with a written statement to the Governor accompanied by a clear reason.
(4) The return of IUP as referred to in verse (3) is declared legitimate after approval by the Governor.
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(5) IUP revoked due to: a. The IUP holder commits a breach
against any of the requirements set forth in IUP; or
b. The IUP holders do not meet the requirements specified under the laws.
(6) Before IUP is revoked as referred to in paragraph (5) first provides the opportunity for a term of 6 (six) months to the holder of the IUP to meet the specified requirements.
Article 34
(1) In case of IUP expires for reasons referred to in Section 33 of the paragraph (1), the IUP holder is required to meet and resolve all obligations in accordance with the provisions of the invitational regulations.
(2) the Governor set the IUP termination agreement after IUP holders carry out the preservation and recovery of environmental functions in the Region This is the case in which it is written in verse (1).
BAB VIII
RIGHT AND LIABILITY
Part Kesatu
Rights
Article 35
(1) IUP holders are entitled to perform the geothermal mining efforts of exploration, feasibility study, and exploitation in the Region It works, according to the laws.
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(2) In performing the geothermal mining business activities as referred to in paragraph (1) the IUP holders are entitled to: a. entering and performing activities in the Region
The work of it;
b. use common means and infrastructure after meeting the provisions of the laws.
c. utilizing geothermal resources for direct utilization according to the laws of the negotiations; and/or
d. utilize geothermal resources for indirect utilization in accordance with laws.
Second Section
Obligate
Article 36
IUP holders are mandatory: a. understand and adhere to the perinvite rules-
invitations in the field of health and work safety, environmental protection, as well as meeting the technical standards of geothermal mining;
b. manage the environment to include preventive and countermeasures activities, recovery of life environment functions, and reclamation and pascatverge;
c. prioriting the utilization of goods, services and engineering and design capabilities Wake up in a country transparently and compete;
d. provide support for the activities-research activities and development of geothermal science and technology;
e. provide support for creation activities, competency development and human resources coaching in the geothermal field;
f. implement the local community development and empowerment program;
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g. provide periodic written reports of the work plan and execution of geothermal business activities to the Governor;
h. comply with any of the provisions set forth in the IUP;
i. pay for regional income and state acceptance according to the laws of the laws;
j. obey local community culture based on local wisdom.
BAB IX
SOCIETY DEVELOPMENT AND EMPOWERMENT
Article 37
(1) The IUP holders are obliged to carry out community development and empowerment programs around the Its work area.
(2) The community development and empowerment program as referred to in paragraph (1) includes participation in developing and leveraged the potential of societal maturity by means of: a. use workforce, services and products
local according to the competencies/specifications required;
b. help community social services;
c. help with improved health, education and community training; and/or
d. assisting the development of the means and infrastructure.
Article 38
In conducting community development and empowerment activities as referred to in section 37 of the paragraph (1), the IUP holder consults with the Local Government and Government District/City.
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BAB X
INCOME AREA
Article 39
(1) IUP holders are required to pay regional income and state acceptance not tax, as per the regulations of the invitatory.
(2) The country ' s acceptance of not tax as referred to in paragraph (1) consists of: a. Fixed dues;
b. iuran production; and
c. bonus.
(3) The acceptance of the country is not a tax is the acceptance of the Government and the Local Government that its part is performed under the provisions of the laws.
(4) the terms of the country ' s acceptance of the type and rate of admission are not tax as referred to in paragraph (3) pursuant to the provisions of the laws.
BAB XI
COACHING AND SUPERVISION
Article 40
(1) The governor carries out coaching and oversight of the management of geothermal mining efforts undertaken by the Regent/Mayor based on the Abundance of Portions of the Cloud Service can be used to support the Cloud Service. implementation of the primary survey;
b. Workspace offering;
c. perizinan;
d. coaching and oversight of IUP holders; and
e. Data management and geothermal information.
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Article 41
(1) The governor carries out coaching and oversight of the execution of geothermal mining business activities conducted by IUP holders.
(2) Coaching and supervision as referred to in paragraph (1) includes:
a. exploration;
b. feasibility study;
c. exploitation;
d. financial;
e. Geothermal data processing;
f. The conservation of the quarry;
g. safety and work health;
h. Environment management and Reclamation;
i. utilization of goods, services, technology, as well as engineering and design capabilities in the country;
j. Indonesia workforce development
k. local community development and empowerment;
l. control, development, and application of geothermal mining technology;
m. other activities in the field of geothermal mining business activities along concern of common interests;
n. the application of the economy and the good.
Article 42
(1) The implementation of the coaching and supervision as referred to in Article 40 of the paragraph (1), and in Article 41 of the paragraph (1) is conducted by the Service.
(2) Special oversight against the implementation of safety and work health, environmental protection, and the technical geothermal mining was carried out by the Mine Inspector.
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BAB XII
ADMINISTRATIVE SANCTION
Article 43
(1) Any IUP holders committing a violation of the provisions as referred to in Section 21 of the paragraph (1), or paragraph (3), Section 23, Section 25 of the paragraph (1), Section 26 verses (2), Article 28 of the paragraph (1), and paragraph (2), Article 29 of the paragraph (3), or Article 36, are subject to administrative sanction.
(2) the administrative sanction as referred to in paragraph (1) shall be:
a. written warning; b. Entire activities
exploration, feasibility study, or exploitation; or
c. revocation of IUP.
BAB XIII
INQUIRY
Article 44
(1) In addition to the Investigator of the State Police of the Republic of Indonesia (Polri Investigator) who is charged with criminal conduct, the investigation of the criminal acts as referred to in the Regional Regulations This can be done by the Civil Service Investigators in the Regional Government environment whose appointment is set to comply with the laws.
(2) Civil Servant Investigators as referred to Verse (1) are authorized:
a. receive a report or complaint of a person about the presence of a criminal tinda;
b. conducted the first act at the time at the scene and did the inspection;
c. ordered to stop someone of the suspect and check the suspect ' s self-identification mark;
d. conduct forfeiture of objects and/or letters;
e. take fingerprints and photograph someone;
f. calling someone to be a suspect or a witness;
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g. bring the necessary experts in conjunction with the case check;
h. To stop the investigation after receiving a hint from Investigator Polri that there is not enough evidence, or that it is not a criminal offence, and then tells it to the Public Prosecutor, the suspect and his family; and
i. Hold other actions according to the law that can be accounted for.
BAB XIV
CRIMINAL provisions
Article 45
(1) Any person who performs the geothermal mining business activities without IUP as referred to in Article 18 of the paragraph (2) is subject to the criminal sanction of imprisonment and fine as per law.
(2) IUP holders who perform geothermal mining business activities outside of their Work Area as referred to in Article 10 of the paragraph (1) are threatened with the longest prison criminal 6 (six) months and the highest fine Rp 50,000.000.00 (fifty million rupiah)
BAB XV
TRANSITIONAL provisions
Article 46
All geothermal enterprise cooperation contracts that have existed prior to the enactment of this Regional Regulation, are stated to remain in effect until the expiration of the contract period.
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BAB XVI
provisions CLOSING
Article 47
Things that have not been set up in this Area Regulation as long as the implementation of the implementation is further set by the Governor's Rules of Governors.
Article 48
This section of the Regulation is valid for the date of promulglement.
For everyone to know it, ordering the invitational of this Regional Regulation with its placement in the Territory of the Province of North Sumatra.
Set in Medan on date
Plt. GOVERNOR OF NORTH SUMATRA,
GATOT PUJO NUGROHO
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EXPLANATION
UP
REGULATION OF NORTH SUMATRA PROVINCE
NUMBER YEAR 2012
ABOUT
THE GEOTHERMAL MANAGEMENT
I. UMUM
Article 33 of the passage (3) of the Basic Law of 1945 asserts that the earth, water and natural wealth contained in it are controlled by the state and used for the greater prosperity of the people. The natural resources of the Earth are natural wealth that can be renewed as the gift of the Almighty God of the Almighty God. The exercise of state control over geothermal is carried out by the Government, the Provincial Government and the Provincial Government/City as well as its authority.
The geothermal resources in North Sumatra have a very important role in the world. important and need to be utilized optimally, especially in order to meet the needs of electrical power and other interests directly. As such, the management needs to be done as optimal as possible, efficient, transparent, sustainable, environmental insight, and justice to gain the most benefits to drive the region's economic growth for improvement. people's welfare.
This area's Regulation is based on the Law No. 27 of 2003 on the Hot Earth. Division of Government Affairs between Government, Provincial Local Government And the District District/City Government.
The geothermal management settings in this regulation include inventory of geothermal potential, geothermal mining workspace, geothermal mining business permit, execution of geothermal mining business clearance, rights and obligations, community development and empowerment, regional revenue, as well as the coaching and supervision of geothermal mining business activities.
Guna provides a legal basis for the hosting of geothermal management and software, then it is necessary established with the Regional Rule.
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II. SECTION BY SECTION
Article 1
Is quite clear.
Article 2
Quite clearly.
Article 3
Quite clearly.
Article 4
Quite clearly.
Article 5
The letter a
Is fairly clear.
Letter b
Clearly.
The letter c
It is pretty clear.
The letter d
referred to the balance sheet and geothermal reserve is the balance sheet describing the number of resources, reserves, development plans, and the forecast needs Geothermal energy regionally.
Article 6
Quite clear.
Article 7
Verse (1)
Clearly.
Verse (2)
The Workspace is the authority of the Minister.
Article 8
It is pretty clear.
Article 9
The other party is an enterprise entity with expertise and capability. To execute the survey results, you will be able to access The assignment of the preliminary survey is the Minister's authority.
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Article 10
Verse (1)
Quite clearly.
Verse (2)
The other medium is: a. The Office of the Directorate General of New Energy ' s New Energy
And The Energy Conservation Of The Ministry Of Energy And Mineral Resources.
b. North Sumatra Provincial Office of Mining and Energy Office.
c. Office of Technical Instancy of the District/City Government that organizes government affairs in the Geothermal field.
Verse (3) Is pretty clear.
Article 11 Is Pretty Clear.
Section 12
Verse (1)
Quite clearly.
Verse (2)
Clearly.
Verse (3)
It is fairly clear.
Verse (4)
The letter a
The funding capability among others is the delivery of the financial statements of the year last of which has been audited.
The letter b
The placement of the auction guarantee is a condition of the body efforts as proof of the stupiety following the Work Area auction.
Verse (5)
Pretty clear.
Verse (6)
Quite clear.
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Article 13
Pretty clear.
Article 14
Pretty clear.
Article 15
Quite clear.
Article 16
Verse (1)
The letter of a Business Area database is a bonus, constitutes acceptance The state is not tax The basic pricing of the Workspace data is set by the Minister.
The letter b Besaran compensation data (awarded compensation) is set by the Minister.
The letter c is fairly clear.
Verse (2)
It is fairly clear.
Article 17
Quite clear.
Article 18
Pretty clear.
Article 19
Pretty clear.
Article 20
Quite clear.
Article 21
Quite clear.
Article 22
Quite clear.
Article 23
Quite clear.
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Article 24
Pretty clear.
Article 25
Pretty clear.
Article 26
Quite clear.
Article 27
Quite clear.
Article 28
Quite clear.
Article 29
Quite clear.
Article 30
Is pretty clear.
Article 31
Verse (1) referred to the kahar state between other wars, civil unrest, uprisings, epidemics, earthquakes, floods, fires, and other natural disasters outside of human ability. In the event of circumstances blocking the blockade, the strike, the labor disputes outside the IUP holders ' errors and/or the regulations of published invitations that hampered the running of the mining business activities were made.
Verse (2)
Clearly enough.
Verse (3)
It is fairly clear.
Verse (4) The point of not reducing the IUP term is that the temporary suspension does not count as the term of IUP.
Article 32
Is pretty clear.
Article 33
Is pretty clear.
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Article 34
Pretty clear.
Article 35
Quite clear.
Article 36
Quite clear.
Article 37
Quite clear.
Article 38
Quite clear.
Article 39
Verse (1)
Clearly.
Verse (2)
The letter a
referred to a fixed dues is the dues paid to the state in return for exploration opportunities, feasibility studies, and the exploitation of a Workspace.
The means of production is the dues paid to the country for the results obtained from the the geothermal mining effort.
The letter c referred to the bonus is the base price of the Workspace paid to the country.
Verse (3) Is pretty clear.
Verse (4) Is pretty clear.
Article 40
Quite clear.
Article 41
Is pretty clear.
Article 42
Is pretty clear.
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Article 43
Pretty clear.
Article 44
Pretty clear.
Article 45
Quite clear.
Article 46
Quite clear.
Article 47
Quite clear.
Article 48
Quite clear.
ADDITIONAL LEAF AREA OF NORTH SUMATRA PROVINCE
NUMBER
