LEGAL FRAMEWORKOF NUCLEAR SAFETY
IN INDONESIA
Presented at:
The FNCA 2018 Study Panel on“Enhancing Domestic Measuresin the Field of Nuclear Law
Tokyo, 23 March 2018

1. Gumilang Fuadi
2. Hendig Winarno
National Nuclear Energy Agencyof Indonesia (BATAN)OUTLINE OF PRESENTATIONS

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INTRODUCTION
NUCLEAR
SAFETYNUCLEAR
SAFEGUARDBASIC
RULES ON
NUCLEARLAW

NUCLEAR
SECURITY

NUCLEAR
LIABILITY
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INTRODUCTION cont’d
Legal Framework based on the Hierarchy:CA

Act on Nuclear Energy (No. 10, 1997)

G

Government Regulations

PC
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Constitution of the RI (1945)

Presidential Regulations/Decrees
Chairman Regulations/Decrees
Legal Framework of Nuclear Safety in Indonesia

4INTERNATIONAL LEGALINSTRUMENTS
Convention Related Nuclear Safety [status: Party]
1. Convention on Early Notification of Nuclear Accident (26 Sept 1986).
2. Convention on Assistance in the Case of a Nuclear Accident orRadiological Emergency (26 Sept 1986);
3. Convention on Nuclear Safety (20 Sept 1994);
4. Joint Convention on the Safety of Spent Fuel Management andon the Safety of Radioactive Waste Management (5 Sept 1997).
Other Legal Instruments
1. International Atomic Energy Agency Regulations for theSafe Transport of Radioactive Material;
2. Code of Conduct of the Safety and Security of Radioactive Sources;
3. Code of Conduct of The Safety of Research Reactors;
4. Etc.
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Legal Framework of Nuclear Safety in Indonesia

5NATIONAL COMPLIANCE
As a form of national compliance with international legal
instruments related to nuclear safety, Indonesia has ratified The
International Legal Instruments of Nuclear Safety, such as:• Presidential Decree No. 81, 1993, ratifying theConvention on Early Notification of a Nuclear Accident(Early Notification Convention);• Presidential Decree No. 82, 1993, ratifying the Convention
on Assistance in the Case of a Nuclear Accident or Radiological
Emergency (Emergency Assistance Convention);• Presidential Decree No. 106, 2001, ratifying theConvention on Nuclear Safety;• Presidential Regulation No. 84, 2010, ratifying Joint
Convention on the Safety of Spent Fuel Management
and on the Safety of Radioactive Waste Management.
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Legal Framework of Nuclear Safety in Indonesia

6NATIONAL LEGAL FRAMEWORK
BATAN

Nuclear Activities
in Indonesia(Based on the Act
No. 10, 1997 on
Nuclear Energy)

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has the tasks to execute the use ofnuclear energy: research anddevelopment, general surveys,
explorations and exploitations ofnuclear ore, raw material
production for manufacturing andfabrication of nuclear fuel,production of radioisotopes forresearch and development,
radioactive waste management.

BAPETEN

has the tasks to control any activity
using nuclear energy byimplementing: Regulations,
Licencing, and Inspections
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NATIONAL LEGAL FRAMEWORK1) For the safety, security, peace, health ofworkers and the public, and environmental
GENERAL
protection, the use of nuclear energy shall be
PRINCIPLES of
implemented correctly and carefully and is
NUCLEAR SAFETY
aimed to peaceful purposes and for thein the ACT No.
utmost benefit for the people’s welfare and10, 1997 on
prosperity [Considering: Letter C];
NUCLEAR ENERGY 2) The control is aimed at one of them to assure
the safety and the health of worker andpublic, and the environmental protection
Safety[Article 15: Letter B];
Security3) Any activity related to the utilization ofnuclear energy shall maintain the safety,
Healththe security, the peace, the health of theEnvironmental
workers and the public, and theprotection
environmental protection [Article 16].
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Legal Framework of Nuclear Safety in Indonesia

8NATIONAL LEGAL FRAMEWORK
4) Provisions related to the radioactive
GENERALwaste
management
shallbe
PRINCIPLES of
conducted to prevent radiation
NUCLEAR SAFETY
hazards to workers, the public, andin the ACT No.
the environment [Article 22];10, 1997 on5) Provisions related to the treatment
NUCLEAR ENERGY
and classification of radioactive wastein order to ensure the safety of theworker, public and the environment[Article 24];
Radioactive6) Provisions related to the transportation
Wasteand storage of radioactive wastes shallManagement
consider the safety of workers, public,
and environment [Article 27].
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Legal Framework of Nuclear Safety in Indonesia

9NATIONAL LEGAL FRAMEWORK Implementing Regulations of ARTICLE 16 ACT No. 10, 1997:
1. Government Regulation No. 33, 2007 on IonizingRadiation Safety and Security of Radioactive Sources;
2. Government Regulation No. 54, 2012 on Safety andSecurity Nuclear Instalation;
3. Government Regulation No. 2, 2014 on Licencing
Nuclear Instalation and the Use of Nuclear Material;
4. Government Regulation No. 58, 2015 on Radiation Safetyand Security in the Transportation of Radioactive Materials;
5. BAPETEN Charmain Regulation No. 4, 2013 onRadiation and Safety Protection in the Use ofNuclear Energy.
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NATIONAL LEGAL FRAMEWORK IMPLEMENTING REGULATIONS RELATED ARTICLE 22,24, and 27 ACT NUMBER 10, 1997:
1. Gov. Reg. No. 61, 2013 on Radioactive Waste Management;
2. Gov. Reg. No. 58, 2015 on Radiation Safety andSecurity in the Transportation of Radioactive Materials;
3. BAPETEN Chairman Decree No.03/Ka-BAPETEN/V-99
on Safety of Radioactive Waste Management;

 OTHER RELATED IMPLEMENTING REGULATIONS
1. BAPETEN Chairman Reg. No. 1, 2010 on Emergency
Preparedness and Response;
2. BATAN Chairman Reg. No. 200/KA/X/2012 onGuidelines for Implementation of Safety Culture;
3. BATAN Chairman Reg. No. 14, 2016 on Nuclear
Emergency Preparedness and Response Program.
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Legal Framework of Nuclear Safety in Indonesia

11IMPLEMENTATION OF NUCLEAR
SAFETY IN BATAN

1) BATAN Safety Policy:“Safety is a top priority on all activities so as to achieve zeroaccidents in order to protect every employee, facility,community and environment from potential hazards. EveryBATAN employee must strive for the achievement of safety
objectives according to their respective responsibilities and roles.”2) Zero accidents are the achievement target of the work
unit, especially those operating nuclear facilities andinstallations.
3) Continuous improvement of safety culture throughtraining activities, socialization and self-assessment to all
stakeholders in BATAN.
4) Hearings with residents around nuclear facilities andinstallations to provide information and ensure that nuclear
facilities and installations are safely operated by BATAN.
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Legal Framework of Nuclear Safety in Indonesia

12CONCLUSIONS
Indonesia has ratified the International Convention
concerning nuclear safety as a form of national
compliance with international legal instruments
related to nuclear safety;
 Indonesia has adopted the international principle ofnuclear safety within the national nuclear legal framework; In principle, Indonesia has developed provisions andguidelines related to nuclear safety in various
implementing regulations; To update the dimensions of national nuclear law including
nuclear safety therein, Indonesia is in the process ofamending the Act No. 10 of 1997 on Nuclear Energy with thestatus of drafting and under discussion inter-institutions.
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THANK YOU
FOR YOUR ATTENTION

Terima kasih, Matur nuwun
ありがとうございますDankewww.batan.go.id

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