- Originally, Law No. 23 of 2014 on Regional Government, as amended several times, most recently through the issuance of Regulation of the Government in Lieu of Law No. 2 of 2022 on Job Creation (collectively referred to as "Law 23/2014"), stated that the renewable energy subsector, as a part of the energy and mineral resources sector ("Renewable Energy"), was the joint responsibility of both the central and regional governments ("Concurrent Authorities").
- However, the government has now decided to introduce several new Concurrent Authorities that relate to Renewable Energy in addition to those originally set out under Law 23/2014 through the issuance of Regulation No. 11 of 2023 ("Regulation 11/2023"), which has been in force since 26 January 2023.
- Regulation 11/2023 has now added seven new matters that relate to the central government’s portion of the overall authority over Renewable Energy, including: 1) Provision of recommendations in relation to geothermal business activities for direct use that are implemented within certain areas; 2) Management of interprovincial biomass and/or biogas (collectively referred to as "Bio-Commodities"); 3) Management of the utilization of interprovincial Bio-Commodities as fuel; and 4) Management of various forms of Renewable Energy; 5) Management of energy conservation ("Conservation") through business licenses issued by the central government. The above-described authorities will be included as part of the forthcoming National General Energy Plan (Rencana Umum Energi Nasional/RUEN).
- Meanwhile, Regulation 11/2023 has also now added six additional authorities of provincial governments that relate to their overall authority over Renewable Energy, which include the following: 1) Management of Bio-Commodities within the relevant provinces; 2) Management of the utilization of intraprovincial Bio-Commodities as fuel; 3) Management of various forms of Renewable Energy within the relevant provinces; 4) Management of Conservation through business licenses that are issued by provincial governments; and 5) Implementation of Conservation through facilities and infrastructure that are managed by regional apparatuses within the energy and mineral resources sector. The above-described authorities will be included as part of the forthcoming Provincial General Energy Plan (Rencana Umum Energi Daerah - Provinsi/RUED-P).
......
Subscribe to read more legal analysis.
Hukumonline Pro Intelligence
Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda
*Syarat dan ketentuan berlaku