Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2024
 

Indonesia’s Carbon Capture and Storage (CCS) Regulatory Overview: Steps to Become Asia-Pacific Hub?

Indonesia is aggressively pursuing net-zero emission targets, with a focus on carbon capture and storage ("CCS") as a crucial tool to achieve its domestic net-zero target by 2060. Through a series of recent regulations, including Presidential Regulation 14/2024 on the Implementation of Carbon Capture and Storage, the country has laid out a comprehensive framework for CCS operations. This framework delineates two main avenues for CCS implementation: (i) within existing production sharing contract ("PSC") blocks; and (ii) in designated CCS areas. Within PSC blocks, CCS projects will integrate with petroleum operations, while designated areas will undergo a tender process, exploration, and development phases. The regulations provide clarity on various aspects such as taxation incentives, business processes, liability, and potential sanctions, although some gaps remain, particularly in defining royalty amounts, bilateral cooperation requirements, and post-monitoring liability.


While the regulatory framework marks a significant step towards CCS development in Indonesia, additional clarifications and implementations are necessary to fully underpin investment decisions and establish a successful CCS hub. Key areas requiring further elaboration include (i) defining royalty structures; (ii) outlining requirements for bilateral cooperation; (iii) specifying liability limitations in the post-monitoring period; and (iv) providing tax incentives. Beyond regulations, the success of CCS ventures will hinge on finding suitable injection target zones, fostering multilateral policies, and encouraging regional cooperation to establish a robust value chain. Additionally, financial considerations and international collaboration will play pivotal roles in assessing the economic viability of CCS projects and ensuring their long-term sustainability in mitigating greenhouse gas emissions while meeting global energy demands.


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Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Assegaf Hamzah & Partners
Jakarta Office
Level 36 & 37, Capital Place
Jalan Jenderal Gatot Subroto Kav 18
Jakarta 12710, Indonesia

Surabaya Office
Pakuwon Center, Superblok Tunjungan City
Lantai 11, Unit 08
Jalan Embong Malang No. 1, 3, 5,
Surabaya 60261, Indonesia
http://id.rajahtannasia.com


Contacts:

Ibrahim Sjarief Assegaf
Managing Partner
D +62 21 2555 7800
F +62 21 2555 7899
ibrahim.assegaf@ahp.co.id

Ahmad Fikri Assegaf
Senior Partner/Co-Founder
D +62 21 2555 7800
F +62 21 2555 7899
ahmad.assegaf@ahp.co.id

Bono Daru Adji
Senior Partner
D +62 21 2555 7800
F +62 21 2555 7899
bono.adji@ahp.co.id

Chandra M Hamzah
Partner
D +62 21 2555 7800
F +62 21 2555 7899
chandra.hamzah@ahp.co.id

Eri Hertiawan
Partner
D +62 21 2555 7800
F +62 21 2555 7899
eri.hertiawan@ahp.co.id


Rajah & Tann Singapore LLP


Contacts:

Hamidul Haq
Partner
D +65 62320398
hamidul.haq@rajahtann.com

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