Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 2 - Apr/May/Jun 2024
 

Time to Reflect on Indonesia's Local Content Requirement for Renewable Energy

Indonesia's push towards integrating renewable energy into its national energy mix by 2025 and beyond is underpinned by stringent local content requirements outlined in Minister of Industry Regulation No. 54/M-IND/PER/3/2012 on Guidelines for the Use of Domestic Products for the Development of Electrical Infrastructure and its amendment from time to time ("Regulation 54/2012"). Aimed at promoting domestic industry participation, these requirements mandate independent power producers ("IPP") to prioritise local goods and services in renewable energy projects. However, challenges arise as the current thresholds, largely unchanged since 2012, do not align with present market realities. This discrepancy often results in IPPs struggling to meet local content targets due to insufficient domestic supply or products that do not meet project specifications, leading to potential administrative sanctions and financial penalties under the law.


The inflexibility of Regulation 54/2012 contrasts with adaptive practices seen in the upstream oil and gas sector, where local content requirements adjust to market conditions through periodic updates and flexible application in project bidding. Comparatively, renewable energy projects face a more static framework, lacking clear procedures for waivers or exemptions when local requirements cannot be met. This legal uncertainty complicates project economics and may hinder the sector's growth potential. Aligning renewable energy local content regulations with the dynamic approach seen in the oil and gas industry could foster a more responsive framework, ensuring sustainable development and strengthening Indonesia's renewable energy ambitions in the long term.


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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


Rajah & Tann Singapore LLP


Contacts:

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

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