Energy Expert: Power Wheeling Scheme Not Included In The EBET Bill

Illustration. (Photo: Doc. Antara)

JAKARTA - Executive Director of the Center for Mining Energy Law Studies (Pushep) Bisman Bachtiar assessed that the power steering scheme cannot be included in the Draft Law on New Energy and Renewable Energy (RUU EBET), because it is contrary to the 1945 Constitution (UUD).

"There are several things in the EBET Bill that risk having a negative impact on the state and society, because it is contrary to Article 33 paragraph (2) of the 1945 Constitution," said Bisman, as reported by Antara.

This article, he said again, in his statement in Jakarta, Monday, August 5, mandates that production branches that are important for the state and concerning the livelihoods of many people are controlled by the state.

In Article 33, he also said, the electricity sector is still considered as one of the production branches controlled by the state. Even the Constitutional Court (MK) has confirmed this and rejected the power steering clause which was included in Law no. 20/2002 because it is considered contrary to the 1945 Constitution.

He stated that Law no. 20/2002 is considered to have reduced the meaning of being controlled by the state for important production branches that control the lives of many people as referred to in Article 33 Paragraph 2 of the 1945 Constitution.

"Thus, the electricity business must be controlled by the state by managing, regulating, taking policies, taking care of and providing supervision," said Bisman.

In addition, according to him, the Government and the DPR must also ensure that the principles of the state become the main guideline for the discussion of the EBET Bill.

The DPR and the government must ensure the principles of transparency of openness, democracy and public participation, as well as the process of forming the EBET Law.

In the preparation, he also said, the DPR and the Government should complete the formal requirements for the formation of the law.

"Starting from exposure to the public, receiving input until the discussion must be clearly opened. It is not carried out behind closed doors in hotels. The preparation of the EBET Bill is not transparent," he said again.

According to him, with no transparency, the power steering scheme has infiltrated the EBET Bill and is the entry point for the return of the unfundling eradication system which leads to privatization, competition and liberalization of electricity.

"Once again, power steering cannot be applied in the EBET Bill. The arrangement of power steering in the EBET Bill is an entry point to return to the unfunding business system which will lead to privatization, competition, and liberalization of electricity," he also said.