Beruflich Dokumente
Kultur Dokumente
ELECTRICITY
(Law No. 30/2009 dated September 23, 2009)
COnsidering : Inviewof:
a. thatthe national development aims to aeate ajust and ArtIcle 5 paragraph (1), Article 18, Article 20, and
prosperous community, either mater1ally or spiritually, Article 33 of the 1945 Constitution of the Republic of Indo-
based on the state Ideology Panc:asila and the 1945 nesia (BN No. 7~52page ~4A),
Constitution of the Republic of Indonesia;
b. that eIectrlcal power plays a very Important andstrate- With the JointApproval of
gicrole Inachieving thegoals of the national develop- lHE·HOUSE OFREPRESENTATIVES OF
mentand therefore, the supply of elecbical power is TI-:lE REPUBliC OF INDONESIA
controlled by the state ancl mustconstantly beincreased and
in line withdevelopment growth to ensure thatelectri- THE PRESIDENTOFTHE REPUBLIC OFINDONESIA
cal power will be evenly available in adequate quanti-
ties with high quality; DECIDES:
c. that thesupply of electrical power Iscapital-and tech-
nology-intensive business and is In line with the prIn- 1lJ stipulate ;
new one; ated, transmitted and distributed fot all types ofneeds
O-IAP1$m OiAPTERIV
CONTROlANOOPERATION AUTHORITYOFOPERATION
PartOne Article 5
Control (1) The authority of the Government in the field of elec-
ArtlCleJ tricity shall cover:
(1) The supply of electrical power shall be controlled by a. setting nationalelectricity polides;
the state and conducted by the Government and re- b. making regulations in the field of electricity;
gionalgovernments based on the principles of regional c. setting guidance, standards and criteria in the field
autonany. of electricity;
(2) To conductthe supplyof electrical power as referred d. issuing guidance to set tariffs of electrical power
to in paragraph (1), the Government andregional gov- for consumers;
ernments shall, according to their respectIVe author- e. makinggeneral plan for nationalelectricity;
ity, set policies on, regulate, supervise and conduct f. setting business areas;
the supply of eJecbicaJ power. g. jcsuing permits for the sales and purchase of elec-
trical powerwith other countries;
Part Two h. issuing business pennits for the supply of elGcbical
gional governments shall provide fund$ for : tomeI'S ofthe holders ofbusiness permfts engaged
n. issuing permits to use eIedridly netwot1cs. in the g. approving the sales of electrical powersurplus from
interests of telecommunication,· multimedia and the holders of operation permits whose permits are
informatics on the network owned by the holders issued by the provincial government;
of business permitsengaged in the supply of elec- h. issuing permits to use electridty networ1<s in the
trical powerset by the Gow:r r",lent; interests of teJecommunications, multimedia, and
o. nurturing and supervising mrpoi8le bcdes engaged informatics on the networks owned by thehoklers
in the field ofeledrldly whose 'permits are issUed of business permits engaged in the supplyofetec-
GoverMlent and
(2) 11leauthority or:provtndal~etl1lMt'ltin the field of k. determining admlnisbative sanctions on~
eIedridly shaft cover: bodies whose business permits are issued bVttte
8. tssuIng provtl\deltegulationsln'the fleJd of elec- provincial government.
triCity; (3) The authority d regenc:.y/munlclpal govemmentin·the
b. making general plansfOrelectrfdty at a provincial fleIdofeJectricity shaD cover:
Ievet; a. issuing regency/munidpal regulatiOhS in theMfd
c. issuing business permits fOr the supplyof elecbical of electricity;.
power to corporate bodies wh(,se business areas b. making general pfans for eIectridty at oregertC(1
the holders of operation permits whose pennits (1) The general plan for national electricity shall be
areIssued bythe regency/municipal government; drawnup based on the national energy policies and
I. Issuing pennlts to use elecbiclty networks In the endorsed by the Government after consulting the
Interests of telecommunications, multimedia and House of Representatives of the Republic of Indo-
Infonnatlcs onthe networks owned bythe holders nesia.
of business pennitsengaged Inthe supply of elec- (2) Thegeneral plan for national electrldtyasreferred to
trical power or operatiOn permItS Issued by the re- in paragraph (1) shall be drawn up by Involving re-
gency/municipal government; gional governments.
j. nurturingandsupervising corporatebodies engaged (3) The general plan for regional electricity shall be
Inthe field of elecb1dty whose pennltsare issued drawn up based on the general plan for national
by the regencv/munfdpal government; eJectrlclty and endorsed by the regional govern-
k. appointing electricity Inspectors at a regency/mu- ment after consulting the Regional Legislative
ntdpallevel; and Council.
I. detennfnlng administrative sanctions on corporate (4) Theguidance to drawup the general plan for electric-
bodies whose permitsare Issued by the regency/ ity as referred to In paragraph (1) and paragraph (3)
munW;lpal goyemment. isto De set by the Minister.
Further provisions on the supplyof eledrical power panies, priVate corporate bodies, and cooperatives
as referred to in Article 9 up to ArtidE! 13 are b:l b@ pr0- having certificates, dassiftCations and qualifICations
according to the law.
vided for Ina Government Regulation.
(3) In conducting the electricalpower supporting service
businesses, state-owned companies, regiona' govern-
PartThree
ment""OWned companies, private corporate bodiesand
Electrical Power Supporting Businesses
cooperatives shall prioritize domestic products and
Article 15
potentials.
The electrical power-supporting businesses as re-
(4) Further provisions on certification, classification and
ferred to in Article 8 tetter b consist Of :
qualifications of electriCal power-supporting service
B. electrical power~upporting service business; and
businesses are to be provided for In a Government
b. electrical power-supporting Industrial business.
Regulation.
Artide 16
Artide 17
(1) The electrical power-supportlng service businesses as
(1) Theeledrical power-supportlng Industrial businesses
referred to In Attide 15 letter a cover :
as referred to in Article 15 letter bcover ;
a. conSUlting services in the fIefd of installations for
a. electrical power instrument IndUstry; and/or
the supply of electrical power;
b. electriCal power userindustry.
b. construction of Installations for the supply Ofe\e(;- (2) The electrical power-supporting industrial business as
trical power; referred to in paragraph (1) shallbe oondueted by state-
c. in5pectiOn end test of elecbical power installations; owned companIeS, regional government-owned com-
d. operationof elecbicalpower Installations; panles, private corporate bodies and cooperatives.
e. maintenance of electrical POWer Installations; (3) In conducting the eled:rical power~pporting Indus-
(2) Permits for electrical power-supporting servicebusi- a. provide electrical powerwhichmeetsquality standard
ness and permits·foreleCtrical power-supporting in- andreliability;
dustrialbusiness shallbe~t according to the law. b. provide as good serviees aspossible to consumers and
the public;
Artide26 c. meetelectricity safety conditions; and
Further provisions on permits for electrical power- d. prioritizedomestic products and potentials.
supporting service business are to be provided for in a
GovernmentRegulation. Part FIVe
The Rights and Obligations d Consumers
PartFour Artide29
The Rightsand ObligationS of the Holders of Pennits (1) Consumers shallhavethe right to :
for the Supply of a. receive good services;
Electrical Power b. get amtinuous electrical powerof gooct quality and
Artide27 reliability;
(1) In the interestsof the public, the holdersof permits for c. receive electrical power to which they are entitled
the supply of electrical power which conductthe sup- at reasonable prte.es;
plyof electrical power as referred to In Artk::Ie 10 para- d. get repair services in case of efectrical power dis-
gRiph (1) shell heve the right to : turbance; and
a. Q'OSS rivers or lakes, either above or beneath the e. receive compensation Tn case of bIadcout caused
sul"faa!; by errors and/or carelessness on the part of the
b. Q'OSS the sea, either above or beneath the sur- holder.;of permItS for the supply d electrica1·lXJWer
face; according to the conditions set· in the electrical
c. cross public roads andrallwav tracks; powersales purchase agreement.
d. enter publicor personal places for temporary use; (2) Consumers shall be obliged to :
e. use landand cross above or beneaththe land; a. take security measures to prevent danger that may
f. cross above or below buildings built on or beneath arise from the useof electrlcal power;
the land; and b. safeguard electrical power installations owned by .
(3) The useof electrical power networksas referred to in d. imposeadministrativesanctions on any violatorof
paragraph (1) shall be done based on a network us- licensing provisions.
age permit issued by the Government or regional gov- (3) In conducting the technical control as referred to in
ernmentaccording to their respective authority. paragraph (1), the Governmentand regional govern-
(4) further provisons on the use ofelectrteal power net- ments shall be assisted by electricity inspectors andl
works as referred to in paragraph (1) and paragraph or dvil servantinvestigators.
(2) are to be provided for in a GoVernment Regulation. (4) Further provisions on development and mntrol are to
be provided for in a Government Regulation.
CHAPTERXll
DEVELOPMENTAND CONTROL QiAPTERXm
Artlde46 INVESTIGATION
(1) The Govemmentor regional governments shall, ac- Artide47
cording to their respective authority,develop andcon- (1) Besides investigators from the Indonesian Police, cer-
trol the supplyof electrical power when it comes to ; tain civil servants whose scope of tasks end responsi-
a. the supplyand useof energysources for electrical bilities covers the eiectridty field shallbe given special
power generators; authority to serveas investigators as referred to in the
b. the fulfillment of requirements for adequate supply Penal Code to investigate criminal offences in the elec-
of electricalpower; tricity field.
c. the fulfillment of technical terms; (2) The civil servant investigators as referredto in para-
d. the fulfillmentof environmental protectionaspects; graph (1) shall havethe authority to :
e. the priority to use Iocally~made goodsand services; a. checkthe truth of reportsor information related to
f. the useof expatriates; criminal offencesin electricity business;
g. me fulfillment of quality and reliabilitystandards in b. investigate anybody suspected of committing a
h. arrest and detain the perpetrators of criminal (1) Anybody engaged in the supplyof electrical powerfor
Offences in electricity business based on the publtc.interests without l:l pennit as referred to in Ar-
(3) The ciVil servantinvestigators as referrecl to in para- mum of 3 (three) years in jail and fined a maximum of
graph (1) shall notify officials of the Indonesian Police Rp2,OOO,OOO,OOO (two billion rupiahs).
(2) Anybody engaged in the supply of eled:ricalpower with-
about the start of InvestigatIOn of crtmlnal cases ac-
cordingto the law.
out an operation pennit as referred to In Artide 22
shall be sentenced to a maximum of 5 (five) years in
(4) The authority as referred to in paragraph (2) shall be
jail and fined a maximum of Rp4,OOO,OOO,OOO (four
exercised according to the law.
billionrupiahs).
(3) Anybody selling electrical powersurplus for use in the
CHAPTER XIV
interests of the publicwithout approval from the Gov-
ADMINISTRATIVE SANCTIONS
ernment Or regionalgovernment as referred to in Ar-
Article48
tide 23 paragraph (3) shall be sentenced to a maxi-
(1) Anybody found violating provisions in Article 16 para-
mum of 2 (two) years in jan and fined a maximumof
graph (3), Article 17 paragraph (3), Article 27 para-
Rp2,OOO,OOO,OOO (two billion rupiahs).
graph (2), Article 28, Article 33 paragraph (3), Article
regents/mayors according to their respective author- mitted by the holderof permit for the supply of electri-
ity. cal power or the holder of operation permit, he/she
(3) The procedure of imposing the administrative sanc- shall be sentenced to a maximumof 10 (ten) yearsin
tions as referred to in paragraph (1) is to be provided jail and fined a maximum of Rpl.OOO,OOO,OOO (one
(3) Besides the aimlnal sancttons as referred to In para- (2) Besides the criminal sanctions as referred to in para-
graph(2) the holderof permit for the supply ofeJectri- graph (1) he/she may be liableto additional sanction
cal power or the holder of operation permit is also in the form of haVing his/herpermitfor the supply Of
(1) Anybody failing to meet eIecbidty safety as referred (five)years in jail andfined a maximum of Rp2,OOO,OOO,OOO
(two blnJon rupiahs).
to in Article 44 paragraph (1), thereby affecting the
sustained supply of electrical power shall be sentenced
Artide 54
to a maximum of 3 (three) years In jail and fined a
(1) Anybody operatingeIeclJtaJl powerInstallations with-
maximum of Rp500 /000,OOO (five hundred million ru-
out an operation worthy certificate as referred to in
piahs).
Article 44 paragraph (1) shall be seeteoced to 5 (five)
(2) If the misdeed asreferred to in paragraph (1) leads to
years in jail and fined a maximum of RpSOO,ooo,OOO
powercut so that it harms the publici he/she shall be
(five hundred million rupiahs).
sentenced to a maximum of 5 (five) yearsin jail and
(2) Anybody producing, drculating or trading electrical
fined a maximum of Rp2,SOO,OOO,OOO (two biNion, five
power instrument anduserwhich do notmeetthe In-
hundred million rupiahs).
donesian national standard as referred to in Article 44
(3) Anybody using electrical powerto which he,lshe is not
paragraph (5) shall be sentenced to a maximum of 5
titledin breach of the lawshall be sentenced to a maxi-
(five) years In jail and fined a maximum of
mumof7 (seven)years Injail and fined a maximum of
RpS,OOO,OOO,OOO (five billion rupiahs).
Rp2,500,OOO,OOO (two btUion, five hundred mtlllon ru-
piahs). Artlde55
(1) If tile almlnar Offences as referred to In ArtIde 49 up
ArtIdeS2 to Article 54 are committed by corporate body, the
(1) Anybodyengaged in the supply of electrical power \IIilo aimfnal sanctions shan be imposed on the"corporate
does not fulfill the obIigatfon to those entitled to land, body and/or its management.
buildings and plants as referred to in ArtlcIe 30 para- (2) If the criminal sandions as referred to in paragraph
graph (1) shall be sentenced to a maximum of 5 (five) (1) are imposed on the corporate body, the criminal
years in jail andfined a maximum of RJ,OOO,OOO,ooo sanctions imposed shaD be equal to the maxJroum fine
(three billion rupiahs). plusone-thirdof it.
CHAPTER XVI to Statute Book No. 3317) shall be declared null and
TRANSmONAL PROVISIONS void.
Artide56 (2) Regulations on electricityissued basedon LawNo. 15/
lic serviceelectricity company (Perum) into a state sued no later than 1 (one) year after this Law is pro--
limited liability company(Persero) shalf be consId- mulgated.
2. In the period of no more than 2 (two) years, the Gov- This Law shallcome into f'orre as from thedate of
ernmentshall have arranged and sel: iI permit for the promulgation.
supply ~ electrical power to the stBlle-owned com- For publiccognizance, this Lawshallbe promul-
panyas referred to in point 1 according to the law. gated by placing it in the statute Book of the Republic of
business pennits for publk: interests, eIecbidty busi- DR. H.SUSILO BAMBANG YUDHOYONO
on EIed:ridty (Statute Bockof' 1985 No. 74, 5uppIement 2009 NO. 133
the exploitation of natural resources, playsan impor- multimedia and informatics andthe sale andpurchase
tant role for the state to achieve the goals of national of electrical power with other countries which are not
L.etterb L.etterh
Referred to as ''the principleofjust:ice-based effi- Referred to as "the principle of environmental con-
ciency" is that the electridty development must be con- servation" is that the supply of electrical power mustpay
ductedat as minimum cost as possible but the results of attention to the conselVation of the environment In and
the electrldty developmentcan be evenly enjOyed by the
aroundinstaffations.
entirenation.
letterc
Sufficiently dear.
Referred to as "the principle of sustainability" is
that the supply of electrical powermust be managed prop-
Paragraph (2.)
eriy so that it can proceed in a sustainable way.
Sufficiently dear.
Letterd
Artide3
Referred to as "the principle of optimizing the
Paragraph (1)
economy in the useof energy sources" is that the use of
Since electrical power is oneof the importantand
energy sources for thegeneration of electrk:al power must
strategic production branches in the nationallife, the sup-
be conducted by observing the availability of energy
ply of electriQlI power is controlled by the state and is
sources.
condUcted for the greatest possible Interestandprosperity
of the people.
letrere
Referred to as "the prinCiple Of relying on own
capacity" isthat the eledricity development must be am- Paragraph (2)
Letterf Article4
practices" is that electricity businesses must be carried out State-owned company and regional government-
by applying the principles of transparency, accountability, awned companies referred to herein are those engaged in
Suffldeotly dear.
Article 11
Paragraph (1)
Sufficiently dear.
power.
Paragraph (3)
Suffldently dear.
Artide28
Letter a up to Letter c
Paragraph (3)
Suffidentty dear.
Foreign products andpotentials can be used if do-
mesticproducts and potentials are not available.
Letterd
Foreignproductsand potentialscan be use if do-
Paragraph (4)
mestic products andpotentials are nat available.
Sufficiently dear.
Article 29
Artide 17
Paragraph (1)
Paragraph (1) and Paragraph (2)
Sufficiently dear.
Sufficiently dear.
Paragraph (2)
Paragraph (3)
L.ettera
Forefgn products and.pobentiaIs am be used if d0-
Sufficientfy dear.
mesticproducts andpotentials are not available.
Letterb
Paragraph (4) Referred to as ReledJ1caI potNeI'instalIations CNmed
Sufficiently dear. byconsumersR areelectrical power installations after eIec-
t:ricaI pc;JWeI" consumption gauges or restriction instTUments.
Article 18 up to Artide 20
Sufficiently dear. letter c up to Letter e
Sufflciently dear.
Artide21
In setting pennits, theGovernment orregional gar Paragraph (3) and Paragraph (4)
emments pay attention to the capacityof.the holders of Sufficiently dear.
permits far thesupply of electrical powerwhichhavelocal
business areas. Article 30
Paragraph (5)
Article 33
SUfficiently dear.
Paragraph (1)
Theselling prices of electrical power coverall ex-
Artfde35 up to ArtIcfe 38
penses related to the sales of electrical power fromelec-
Sufflcient:IY dear.
trkal power generators.
The rents of electrical power networks cover an
Artfde39
expenses related to the lease of electr1ca1 power trans-
Lettera up to Letter d
misSion and/ordistribution networks. SUffidentIy dear.
~ph(2) Leltere
In approvingthe sellingprices of elecbical power Referred to as "the development of the domestic
and the rents of electrical power networks, the Govern- capacity In the supplyof electrical power" is the.deYeIop-
ment or regional governments mustpay attention to agree- ment of eneJW sources. human resources and technol-
mentsamong corporate bodies. ry;JoJ.
Article 40 up to ArtideSS
SUffldentIy dear.
Artide·56
Point!
sutldenttydeer.
SUPPlEMENT10 STATUTE BOOK OF
foint2 THE REPUBllCOF INDONESIA NO, 5052
Arrangement Is Intended to enable the.-..
owned company to bec:ome more eIfk:Ient and etrec.tive -===( S )====--