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Overview on new regulation on management of geothermal data in Indonesia

Drilling rig at Tulehu geothermal project, Maluku, Indonesia (source: SkyscraperCity)
Alexander Richter Alexander Richter 8 Sep 2018

With a new regulation in Indonesia on the "Management and Utilization of Data and Information on Geothermal for Indirect Utilization", law firm Baker McKenzie provides details on the regulation and how it affects the geothermal sector.

In a recently published informational note by law firm Baker McKenzie in Indonesia, the firm provides details on a new regulation effecting the geothermal sector in Indonesia. The new regulation handles the “Management and Utilization of Data and Information on Geothermal for Indirect Utilization”.

Since the beginning of geothermal development in Indonesia, there has been no concise legislation or rules that supports the responsible management of data from geothermal activities.

“Under the current Law No. 21 of 2014 on Geothermal (“Geothermal Law”) and Government Regulation No. 7 of 2017 on Geothermal for Indirect Utilization (“GR 7/2017”), the Government of Indonesia (“GOI”) controls and owns data obtained from geothermal activities. Consequently, any data relating to such activities cannot be transmitted, provided or transferred to any party by any means without prior consent of the GOI. Any transmission, provision or transfer of data obtained from general survey, exploration and exploitation activities requires prior consent from the Minister of Energy and Mineral Resources (“MEMR”). The Geothermal Law and GR 7/2017 provide that matters relating to data obtained from geothermal activities were to be regulated in a ministerial regulation.

On 25 June this year, the MEMR finally issued Regulation No. 33 of 2018 on Management and Utilization of Data and Information on Geothermal for Indirect Utilization (“Reg 33″), which came into force on the same day.

Reg 33, which sets out detailed requirements on the data management and utilization, applies to all geothermal data obtained from geothermal activities performed before and after Reg 33 came into force, including those managed and maintained by existing joint operation contractors, holders of geothermal business authority (Kuasa Pengusahaan) and holders of geothermal business licenses.”

In the article, linked below, the firm provides details on how the new regulation effects: Data Management & Utilization, Categories of Geothermal Data, Disclosure requirements, Disclosure to Indonesian entities only, and Sanctions for failure to protect data.

Source: Baker McKenzie