Indonesia Energy Ministry: The Authority of the Old BPH Migas Committee has expired on August 2, 2021

The Chair and Members of the Committee for the Downstream Oil and Gas Regulatory Agency (BPH Migas) for the term of 2021-2025 were sworn in on Monday (9/8) yesterday. This inauguration is based on Presidential Decree (Keppres) Number 99 / P of 2021 which is set on Monday, August 2, 2021.

In line with this, the term of membership of BPH Migas for the 2017-2021 period has ended since August 2, 2021, according to the date of the stipulation of Presidential Decree (Keppres) Number 99 / P of 2021 concerning the Dismissal and Appointment of the Chairman and Members of the Committee for the Provision and Distribution Regulatory Body. Oil Fuel and Natural Gas Transportation Business Activities through Pipes.

“The Presidential Decree Number 99 / P of 2021 was stipulated on Monday, August 2, 2021 or a week before the inauguration. The chairman and members of the BPH Migas Committee for the 2017-2021 period were respectfully dismissed from the membership of the BPH Migas Committee as of the date the Presidential Decree was enacted, as well as appointed The membership of the new BPH Migas Committee with a term of office from 2021 to 2025. This is clearly stated in the Fourth Dictum of the Presidential Decree. So, it is very clear that from the date of the decree the Presidential Decree is the reference for the legitimacy of the authority of the new BPH Migas Committee, not the date of inauguration . IThis is a very elementary principle and practice of administrative law, so it doesn’t need to be clarified anymore,” explained Head of the Legal Bureau of the Ministry of Energy and Mineral Resources (ESDM) M. Idris F. Sihite, Tuesday (10/8).

So, continued Sihite, practically since August 2, 2021 there should be no decisions that can be issued by the Chair and Members of the BPH Migas Committee for the 2017-2021 period because their authority has ended.

“So, if there is a decision issued by the BPH Migas Committee for the 2017-2021 Period on August 2, 2021 onwards, it will not apply,” he added.