Liability on Environmental Damage from Nuclear Activity in Indonesia

Report
Yanti Fristikawati
Faculty of Law Atma Jaya Catholic
University of Indonesia
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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.
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
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)
 Biofuel > 5 %
 Geothermal > 5 %
 Nuclear, Hydro, Solar, Wind
%
 Liquefied Coal >2 %
YEAR 2005
 Oil : 54.76%
 Natural Gas : 22.24%
 Coal : 16.77%
 Hydro : 3.72%
 Geothermal : 2.48%
And biomass >5
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.
1.
2.
3.
4.
5.
Convention on the Physical Protection of Nuclear
Materials,1986, ratified by Presidential Decree
Number 49 Year 1986 ;
Convention on Early Notification of a Nuclear
Accident, 1986, ratified by Presidential Decree
Number 81 Year 1993 ;
Convention on Assisstance in the Case of the Nuclear
Accident or Radiological Emergency, 1986, ratified by
Presidential Decree Number 82 Year 1993 ;
Treaty on the South East Asia Nuclear Free Zone,
signed at Bangkok on December 15, 1995, ratified by
Act Number 9 Year 1997 ;
Convention on Nuclear Safety, Vienna 1994, ratified
by Presidential Decree Number 106 Year 2001 ;
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.
 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

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
layman’s terms: strict liability means a claimant
does not need to prove how an accident
occurred.

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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
•
•
•
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)
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)
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.
 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.
(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.
 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 noninternational
armed conflict, or a grave natural
disaster exceeding the limit of safety
requirement
design established by the Regulatory
Body
(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.
(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.
(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.
Article8
The sender is responsible for any losses
suffered by the carrier and/or other
parties as a result of non-compliencewith the provision of Article 7 paragraph
(1) clause a.
 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”.
 The
limitation of liability is applied and
the operator has to closed the insurance

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