Policy Paper

Information:

Presently, Draft Bill on New and Renewable Energy (RUU EBT) is undergoing deliberation by the House of Representatives (DPR). Evidently, this RUU EBT is planned to be formulated to act as legal framework in relation to establishment of policy, management, provision and utilization of New Energy and Renewable Energy, with the hope that its implementation on national up to regional level will be structured and directed. Projection which is later established takes forms of acceleration in development of New and Renewable Energy (EBT) in order to replace consumption of fossil energy as majority energy supply in bid to fulfill the needs of industry and power plant.
Conceivably, there is a willingness to treat RUU EBT as formal legal document which has the function of laying out primary points as transitional mean toward clean energy.

Nevertheless, by reading RUU and its Academic Script, version as of 25 January 2021, several substantive issues still persist in its draft. Naturally, this article aims to review and criticize the substance of RUU EBT, as well as its Academic Script, specifically in regards to answering two crucial issues which lie in the contents of RUU EBT version of 25 January 2021, namely:

1) absence of justification on the needs of nuclear power plant in current condition, and

2) absence of answer regarding the actual issue and condition on energy planning and management in comprehensive manner.

Information:

Draft Bill on Job Creation (Rancangan Undang-Undang Cipta Kerja – RUU CK) which is drafted by using the Omnibus Law approach attempts to codify and integrate 79 laws, of which, the majority of them possessing different principles from one another. Omnibus Law approach is chosen with the expectation that it is able to reform licensing to become simpler, easily to be secured by businesses and giving impact toward the recruitment of workforce, as well as economic growth.

One of the affected laws is Law Number 32 of 2009 on Environmental Protection and Management (UU 32/2009). There are 30 articles under UU 32/2009 which are amended, 17 articles which are removed and 1 additional article. Amendment and removal of such articles generally raise negative impact toward UU 32/2009 and in the future implementation as well. There are at least 5 aspects which are certain to be affected, namely: risk-based business licensing, environmental licensing (environmental permit and AMDAL), access to information and public participation, supervision and law enforcement (strict liability/pertanggungjawaban mutlak).

Indonesian Version

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The Ministry of Environment and Forestry Republic of Indonesia

Ministry of Environment and Forestry, Ministry of Energy and Mineral Resources, Local Environmental Board, civil society.

Ministry of Environmental & Forestry & Local Environmental Board