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Coordination Meeting on Drafting the BAPETEN Regulation on Financial Guarantees for the Utilization of Nuclear Energy
Kembali     24 September 2025 | Berita BAPETEN | 32 lihat

Financial guarantee requirements are among the stipulations set forth in Government Regulation No. 28 of 2025 on the Implementation of Risk-Based Business Licensing, specifically within the nuclear energy sector. This requirement is intended to anticipate the execution of decommissioning activities and the management of radioactive waste. Given this requirement, it is essential to formulate implementing regulations regarding financial guarantees for the utilization of nuclear energy. Accordingly, the Directorate of Regulation for Radiation Facilities and Radioactive Materials (DP2FRZR) held a coordination meeting on September 24, 2024, at the BAPETEN office to draft the BAPETEN Regulation on Financial Guarantees for the Utilization of Nuclear Energy.

The meeting commenced with a report from Soegeng Rahadhy, the Activity Manager from BAPETEN’s Regulatory Function Group for Health, Industry, and Research. The report outlined the meeting's objective: to gather information and discuss financial guarantees for nuclear energy utilization, a new regulatory provision introduced in Government Regulation No. 28 of 2025 on the Implementation of Risk-Based Business Licensing.

The coordination meeting was opened by the Director of DP2FRZR, Mukhlisin. In his remarks, he expressed the expectation that the practices employed by Bank BNI (Bank Negara Indonesia or State Bank of Indonesia), such as issuing bank guarantees, time deposits, or other financial instruments, would enrich the draft regulation currently under development. BAPETEN is preparing a regulation on financial guarantees that holds a status equivalent to a ministerial regulation, reflecting the fact that the Chairman of BAPETEN reports directly to the President. Furthermore, financial guarantees constitute a crucial pillar in the oversight of nuclear energy utilization in Indonesia. As radioactive materials lose their potency after use, proper radioactive waste management becomes necessary. “Therefore, the management of radioactive waste requires a financial guarantee; then the material will be categorized as radioactive waste and must be returned to the country of origin,” he asserted.

The event continued with a presentation titled “Draft BAPETEN Regulation on Financial Guarantees in the Utilization of Nuclear Energy,” delivered by Dwihardjo Rushartono, Head of the BAPETEN Drafting Team. His presentation outlined the regulation's objectives: ensuring the safety and health of workers and the public, protecting the environment, and safeguarding the interests of both current and future generations. The background for the regulation includes relevant legislation (Government Regulation No. 61 of 2013 and Government Regulation No. 28 of 2025), the “polluter pays” principle, the integration of BATAN into BRIN, the limited radioactive waste storage facilities at BRIN, and the future ecosystem and governance of radioactive waste.

Additionally, the presentation covered the role of nuclear energy across various sectors, the radioactive material utilization chain, regulatory developments following the enactment of the Job Creation Law, the legal framework for guarantees based on prevailing laws (underlying transactions), the concept of financial guarantees using Bank Guarantees (BG), the costs associated with waste disposal at BRIN, and practices and examples from other jurisdictions (Canada, the United States, and the European Union) regarding the repatriation of radioactive waste to its country of origin.

The subsequent presentation, titled "Bank Guarantees as Financial Security Instruments in the Utilization of Nuclear Energy," was delivered by Dwi Lutziadmi, Assistant Vice President of the Wholesale Transaction Product Specialist Department at PT Bank Negara Indonesia (Persero) Tbk. Among other points, the presentation highlighted BNI’s support for the drafting and implementation of financial security requirements as a condition for nuclear energy utilization licenses.

Additionally, the presentation covered BAPETEN’s requirements: the distinction between dependent Bank Guarantees (BG), which are legally bound to an underlying agreement, and independent Bank Guarantees (which stand alone); the parties involved in a BG; BG types based on purpose; counter-guarantee types (guarantee coverage); issuance requirements and workflows; e-Bank Guarantees; BNI m-BG Checking; and BNI’s proposed operational policies.

The discussion session addressed topics such as BG claim submissions; e-Bank Guarantee requirements; BGs accompanied by pledge agreements; insurance company clauses (as internal policies); guarantee coverage; BG issuance timelines; the types and half-lives of radioactive materials to be returned to the country of origin; financial security in the event of business bankruptcy; and financial security options that facilitate compliance for business operators regarding the return of disused radioactive materials to their country of origin. (Dwihardjo R/DP2FRZR/Ra/BHKK/Translator: GP)


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