Yanti Fristikawati Faculty of Law Atma Jaya Catholic University
of Indonesia
Slide 2
Regulatory control of nuclear energy utilization is needed to
protect the safety of worker, public and environment. The control
is performed by Nuclear Energy Regulatory Agency (BAPETEN) through
3 main regulatory functions: regulation, Licensing, and inspection.
However, to increase the effectiveness of regulatory activities,
BAPETEN also conducts the regulatory assessments.
Slide 3
Indonesia has 3 nuclear research reactor TRIGA MARK II RESEARCH
REACTOR-1965 Bandung KARTINI RESEARCH REACTOR Yogya-1967 Siwabessy
Reactor Serpong near Jakarta - 1987 Indonesia use nuclear in the
field of: - Medical - Industry - Agriculture - Research
Slide 4
Presidential Regulation No. 5 year 2006 on National Energy
Policy The Regulation indicates the target of energy mix until 2025
and the share of nuclear energy is about 2% of primary energy or 4%
of electricity (4000 MWe)
The government plans to build Nuclear Power Plant by 2025.
Feasibility studies are expected to be completed in 2015 November
2013 the Research & Technology Ministry (RISTEK) affirmed its
intention of building a small (eg 30 MWe) power reactor, at an
unspecified place, possibly from 2015.RISTEK
Slide 7
1. Convention on the Physical Protection of Nuclear
Materials,1986, ratified by Presidential Decree Number 49 Year 1986
; 2. Convention on Early Notification of a Nuclear Accident, 1986,
ratified by Presidential Decree Number 81 Year 1993 ; 3. Convention
on Assisstance in the Case of the Nuclear Accident or Radiological
Emergency, 1986, ratified by Presidential Decree Number 82 Year
1993 ; 4. Treaty on the South East Asia Nuclear Free Zone, signed
at Bangkok on December 15, 1995, ratified by Act Number 9 Year 1997
; 5. Convention on Nuclear Safety, Vienna 1994, ratified by
Presidential Decree Number 106 Year 2001 ;
Slide 8
7. Joint Convention on the Safety of Spent Fuel Management and
on the Safety of Radioactive Waste Management, Vienna October 6,
1997; 8. Agreement between the Republic of Indonesia and the
International Atomic Energy Agency on the Application of Safeguards
in Connection with the Treaty on the Non-Proliferation of Nuclear
Weapons, Vienna July 14, 1980 (INFCIRC/283); and 9. Additional
Protocol to the Agreement between the Republic of Indonesia and the
International Atomic Energy Agency for the Application of
Safeguards in Connection with the Treaty on the Non-Proliferation
of Nuclear Weapons, Vienna September 29, 1999.
Slide 9
Strict liability of the nuclear operator Compensation without
discrimination based on nationality, domicile or residence
Mandatory financial coverage of the operator's liability Exclusive
jurisdiction (only courts of the State in which the nuclear
accident occurs have jurisdiction) Limitation of liability in
amount and in time
Slide 10
Strict liability means that the victim is relieved from proving
fault. In the case of an accident the operator (power plant,
enrichment/fuel facility, reprocessing facility) is liable whether
or not any fault or negligence can be proven. This simplifies the
litigation process, removing any obstacles, especially such as
might exist with the burden of proof, given the complexity of
nuclear science. In laymans terms: strict liability means a
claimant does not need to prove how an accident occurred.
Slide 11
Act Number 10 Year 1997 on Nuclear Energy. GR (Government
Regulations) No. 43/2006 on Reactor Licensing GR No. 63/2000 on
Safety and Health Against the Utilization of Ionizing Radiation,
revised by GR No. 33/2007 on Ionizing Radiation Safety and
Radioactive Sources Security GR No. 134/2000 on Tariff of Nuclear
Licensing GR No. 26/2002 0n Transport Safety of Radioactive
Materials GR No. 27/2002 on Radioactive Waste Management
Slide 12
Regulatory control of nuclear energy utilization is needed to
protect the safety of worker, public and environment. The control
is performed by Nuclear Energy Regulatory Agency (BAPETEN) through
3 main regulatory functions: regulation, Licensing, and inspection.
However, to increase the effectiveness of regulatory activities,
BAPETEN also conducts the regulatory assessments * Sukarman
(BAPETEN)
Slide 13
Article 28 The nuclear installation operator shall be liable
for nuclear damage suffered by the third party that is resulted
from any nuclear incident occurs in that nuclear Vienna Convention
(The operator of a nuclear installation shall be liable for nuclear
damage upon proof that such damage has been caused by a nuclear
incident)
Slide 14
Article 30 (1) Where the liability of nuclear damage under
Article 28 engages more than one nuclear installation operator and
it is impossible to exactly determine the part of nuclear damage
caused by each of the nuclear installation operator, all of the
operator shall be jointly liable (2) The liability of each nuclear
installation operator under clause (1) shall not exceed the
liability of each operator.
Slide 15
Article 29 (1) In the event of nuclear incident occurs during
the transportation of nuclear fuel or spent fuel, the nuclear
installation consignor shall be liable for the nuclear damage
suffered by third party. (2) The nuclear installation consignor
under clause (1) may transfer the liability to the nuclear
installation consignee or the management carrier, if there is a
written agreement.
Slide 16
(1) If the nuclear installation operator having paid the
compensation under Article 28 is capable of proving that the
nuclear damage was resulted from the intent of the third party
suffering the damage, then the operator may be relieved wholly or
partly from the obligation to pay compensation (2) The nuclear
installation operator under clause (1) shall have a right of
recourse of the liability she paid to the third party who act
intentionally.
Slide 17
No liability shall attach to a nuclear installation operator
for nuclear damage caused by a nuclear incident directly due to an
act of international or non- international armed conflict, or a
grave natural disaster exceeding the limit of safety requirement
design established by the Regulatory Body
Slide 18
(1) The maximum limit of liability of the nuclear installation
operators shall be Rp 900.000.000.000,00 nine hundred billion
rupiahs for each nuclear incident, either in nuclear installation
or in transportation of nuclear fuel or spent fuel. (2) The limit
of liability under clause (1) is established by Presidential
Decree. (3) The liability pursuant to clause (1) and clause (2) are
merely for nuclear damage, not including interest and Court fee.
(4) The maximum limit of liability under clause (1) may be
reconsidered through the Government Regulation.
Slide 19
(1) The right to claim the compensation due to nuclear incident
shall be extinguished if such claim is not brought within 30
(thirty) years from the date of the statement issuance by the
Regulatory Body, pursuant to Article 38. (2) If a nuclear damage
caused by a nuclear incident involving nuclear materials that are
stolen, lost, or abandoned, then the period established for
applying the claim for compensation pursuant to clause (1) shall be
accounted from the date of nuclear incident, provided that the
period shall not exceed 40 (forty) years since the nuclear
materials was theft, lost, or abandoned.
Slide 20
(3) The right to claim the compensation pursuant to clause (1)
and (2) shall be brought within a period of 3 (three) years from
the date on which the person suffers the nuclear damage had
knowledge or should have had knowledge of the nuclear damage and
the nuclear installation operator liable for the damage, provided
that the period established pursuant to clause (1) and (2) shall
not be exceeded.
Slide 21
Article8 The sender is responsible for any losses suffered by
the carrier and/or other parties as a result of non-complience-
with the provision of Article 7 paragraph (1) clause a.
Slide 22
The use of nuclear energy in Indonesia is for peace purposes,
but the nuclear incident could be happened from nuclear activities.
the operator is liable to pay compensation. The regulation applied
for this situation is Vienna Convention on the Civil Liability for
Nuclear Damage, 1963, which is already ratified by the government
of Indonesia, and the Indonesian Act number 10, 1997 on The Nuclear
Energy.
Slide 23
The limitation of liability is applied and the operator has to
closed the insurance