Roof Top Solar Power and Legal Certainty of the Renewable Energy

for the Society

Tuti Widyaningrum

Faculty of Law, Universitas 17 Agustus 1945 Jakarta, Indonesia

Keywords: Energy, Electricity, Law, Sunroof PF.

Abstract: Indonesia is a country that is given the gift of solar energy that shines throughout the year which

provides many benefits for the community. With the abundance of solar energy, it is an asset for the

community to develop cheap and environmentally friendly types of energy. Rooftop PLTS is here to

provide a solution as an alternative to the use of conventional electrical energy. However, the use of

Rooftop PLTS cannot be implemented properly because the legal regulations are not clear. There is a

conflict of norms that occurs between the interests of promoting new and renewable energy with the

interests of PLN, which is oriented towards fulfilling the profits of SOEs. Reject This interest will

result in losses for the community and will not break energy dependence on electricity supply from

fossil fuels. Therefore, legal certainty is needed for the community regarding the need for achieving

clean, environmentally friendly, and sustainable energy as the G-20 vision.

INTRODUCTION

Indonesia is a very potential electric power market

considering the vast area and large population with

high activity and mobility. With the high activity in

a developing country, Indonesia requires a very large

amount of energy, especially electrical energy that is

able to support human daily activities. However, the

national electricity needs are often not sufficient and

tend to become a cost center for the community and

the business world.

So far in Indonesia, the scope of electrical energy

supplied from PLN is the conventional energy

output produced from fossil fuel power plants,

namely coal. In the concept of new and renewable

energy, the emission from fossil combustion is very

unprofitable. Therefore, the Government of

Indonesia began to launch the One Million Solar

Roof Program to become an alternative source of

clean and environmentally friendly energy.

The government gives freedom to the community

to install PLTS Roof while still regulating its use. It

aims to increase the role of new and renewable

energy (EBT) in the national energy mix. In addition

to accelerating the increase in the use of solar

energy, encouraging the development of the solar

panel business and industry, and reducing

greenhouse gas emissions (Setiawan,2020).

Rooftop PLTS can be a strategic solution for the

government to provide quality, sustainable energy

access and not burden the state budget. The

cumulative installation of 1 GWp of rooftop PLTS

can absorb 20,000-30,000 workers per year and is

able to create demand for the development of the

domestic solar industry. Also, reduce greenhouse

gas emissions by 1.05 million tons per year. The

government, he said, could replace electricity

subsidies for households or other subsidy recipient

groups with rooftop solar panels so that they can use

enough electricity for productive activities and even

don't have to pay for electricity. PLN will benefit

from the excess electricity that can be exported, in

the long term the electricity subsidy will disappear

completely (Syahni, 2021)

Minister of Energy and Mineral Resources

Regulation No. 26/2021 concerning Rooftop Solar

Power Plants Connected to the Electric Power

Network, the holder of a Business Permit for the

Provision of Electricity for Public Interest, has

actually been effective since August 20, 2021.

However, it turns out that the One Million Roof

Solar program has not been able to run optimally

because the regulation and implementation is still

difficult. Public. The process of replacing the kWh

meter is the most common problem experienced by

Widyaningrum, T.

Roof Top Solar Power and Legal Certainty of the Renewable Energy for the Society.

DOI: 10.5220/0012025100003582

In Proceedings of the 3rd International Seminar and Call for Paper (ISCP) UTA â

Z45 Jakarta (ISCP UTA’45 Jakarta 2022), pages 365-371

ISBN: 978-989-758-654-5; ISSN: 2828-853X

 2023 by SCITEPRESS – Science and Technology Publications, Lda. Under CC license (CC BY-NC-ND 4.0)

365

users of PV mini-grid roofs in the residential sector.

A brief survey by the Institute for Essential Services

Reform (IESR) on PV mini-grid engineering,

procurement and construction (EPC) companies

showed that more than 60% had to wait at least one

month and many more than three months. If many

residents use PLTS, there is concern that PT PLN

will reduce its income. The IESR simulation shows

that if there is a total installation of 1 GWp PLTS

roof, PLN's income will only decrease by 0.25%

with a net metering rate of one to one and 0.58% at a

rate of one to 0.65%. Commercial and industrial

customers are also experiencing difficulties

regarding the demand to upgrade to the premium

customer level without clear basis and the

application of SLO for installations below 500 kWp.

In some locations, PLN has even asked to upgrade to

more expensive electricity to get the net metering.

So you have to pay more. In addition to the load,

only 65% of electricity will be purchased, the

request for an upgrade from PLN practically

invalidates the PLTS economy. (Setiawan, 2020).

Interestingly, the motive for saving PLN

electricity financing for people who want to install

Rooftop PLTS is sometimes hampered by electricity

regulations from PLN. As experienced by Aji, a

Balinese resident who installed PLTS Roof, when he

was going to take care of Kwh export-import to

PLN, it was even more difficult. The electrical

power of Aji's house, which was originally 1600

watts, was requested to be upgraded to 7700 watts to

be able to install PLTS Roof. In addition to having

to upgrade electrical power, PLN also has to be

surveyed as a condition for obtaining an SLO

(Operational Worthy Standard) permit. Then some

time later, when trying to take care of it from PLN,

he said that it was permissible to upgrade to 2200

watts so that he finally installed PLTS Roof. But

later on, it turned out that Aji actually got a warning

and was asked to pay a fine because the installation

of the Rooftop PLTS had affected the Kwh

calculation because the excess power produced by

the Rooftop PLTS made the electricity meter

backward so he was fined approximately 18 million

for 9 months of use (Ajikonline, 2022).

This condition has raised doubts and distrust of the

public when they are about to switch to PLTS

Roofing, faced with the high costs of preparing for

installation and upgrading power that exceeds the

ability of the community. Whereas Article 19 of the

ESDM Ministerial Regulation states that the

Rooftop PLTS System built and installed by Rooftop

PLTS Customers is not subject to a capacity charge

and the cost of purchasing emergency electricity

(emergency energy charge) which is part of the

parallel operating costs. Seeing this condition, there

is legal uncertainty in the regulation of PLTS Roof

which is detrimental to the community, furthermore,

the government's target to create clean and

environmentally friendly energy is hampered.

Furthermore, the regulations governing the use of

PLTS Roofs for the community have not yet been

implemented due to political factors and the refusal

of interest between PLN and the Ministry of Energy

and Mineral Resources. Based on the background of

the problem above, the writer is interested in

researching the legal certainty of PV mini-grid

arrangements for the community to support the

achievement of new and renewable energy

fulfillment.

LITERATURE REVIEW

Since the beginning of the twentieth century, a new

conception of the rule of law has emerged, namely

the welvaart staat or the welfare state. Where

according to the concept of the Welvaart staat or

welfare state, the State actually needs and even has

to intervene in various social and economic

problems to ensure the creation of shared welfare in

society (Asshidiqie, 2004: 222-223).

In the concept of the welfare state, the state is

required to expand its responsibilities to socio-

economic problems faced by many people, the

personal role to control the lives of many people is

eliminated. It was this development that provided

legislation for the interventionist state in the

twentieth century. The state actually needs and even

has to intervene in various socio-economic problems

to ensure the creation of shared prosperity in society

(Muntoha, 2013: 7).

The right to control from the state is the

delegation of public authority, consequently the

authority is only public. (Santoso, 2008: 78).

According to Muhammad Bakri who explained the

notion of "controlled by the state", which must be

interpreted to include the meaning of state control in

a broad sense which is sourced and derived from the

conception of the sovereignty of the Indonesian

people over all sources of earth, water and natural

resources contained therein, including the notion of

public ownership. by the people's collectivity for the

sources of wealth in question. The collective people

are constructed by the 1945 Constitution of the

Unitary State of the Republic of Indonesia giving a

mandate to the state to carry out its functions in

implementing policies (Beleid) and management

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actions (Besturrsdaad), regulation (Regelenddaad),

management (Begeersdaad) and supervision

(Toezichthoudensdaad) by Country (Achmad Sodiki,

2012).

State intervention in economic business as a

consequence of one of the functions of the state as a

guarantor (provider) and in charge of people's

welfare. The direct involvement of the state in

economic business as an entrepreneur is intended to

be able to carry out efficiency and effectiveness in

the exploitation of natural resources that are

intended for the greatest prosperity of the people

(Abrar Saleng, 2004: 34).

The right of state control as stated in Article 33

of the 1945 Constitution positions the state as a

regulator and guarantor of the people's welfare. The

functions of the state cannot be separated from one

another, meaning that releasing a business field over

natural resources to cooperatives, the private sector

must be accompanied by special forms of regulation

and supervision, therefore the obligation to realize

the greatest prosperity of the people can still be

controlled by the state (Tri Haryati, 2005: 17)

Talking about legal norms, Hans Kelsen's

opinion cannot be abandoned regarding the order of

legal norms (Stufentheorie). Hans Kelsen argues that

legal norms are not a system of norms that are

coordinated with one another standing parallel or

equal but are stratified in a legal system that has a

relationship of superordination and subordination.

The formation of one (lower) norm is determined by

another higher norm, henceforth the formation of

this legal norm ends at the highest basic norm so that

it becomes the highest basic norm of the entire legal

system that forms the unity of this legal system.

(Hans Kelsen, 2007:55)

According to Hans Kelsen, the hierarchy of legal

norms consists of (i) fundamental norms, (ii) general

norms, and (iii) concrete norms. "Fundamental

norms" are contained in the constitution, "general

norms" are contained in laws, "statutes" or

"legislative acts", while "concrete norms" are

contained in court decisions (vonnis) and decisions

of state administration officials. (Asshiddiqie, 2006:

38). Hans Nawiasky then perfected his teacher's

theory (stufen theory) that legal norms in addition to

being tiered and layered are also grouped, namely:

a. Staats Fundamental Norm or Norma

Fundamental Negara Staats Fundamental Norm.

(norma fundamental negara) according to Hans

Kelsen is the same as the Grundnorm (basic

norm) as previously described in the stuffen

theory. However, the form of staats fundamental

norm has not yet been shown as a real legal

norm.

b. Staats Ground Gesetz orAturan Dasar Negara.

Staats Ground Gesetz (Basic Rules of the State)

where the legal norms have begun to be seen

when compared to the staat fundamental norm

which contains a series of sentences and contains

elements of legal norms. In Indonesia are the

articles of the 1945 Constitution.

c. Formell Gesetz or Aturan Formal.

Formell Gesetz is also known as Formal Act.

However, Indonesia does not recognize formal

laws or material laws. Get to know material law

and formal law. Material law is a law that

contains the contents of the law. The contents of

the law are in the form of orders or prohibitions.

Its properties are:

1. Forcing / imperative is a rule that cannot be

ruled out. In general, most of it is in public

law and conversely a small part is in private

law.

2. Regulating / facultative are rules that can be

ruled out. In general, most of it is in private

law and conversely a small part is in public

law.

d. Verordnome And Autonome Satzung.Verodnome

satzung

Verodnome satzung is the implementing

regulation of the regulations above it (for

example in Indonesia it is a law, the regulation

above it is a Government Regulation).

Verodnome satzung was born because it was

ordered by the regulations above it, either

directly ordered or authority born from

implementing regulations because it has been

determined by the constitution (staat ground

gezets). Verodnome satzung is the authority of

Distribution/Delegation.

METHODS

The research method use in this paper is normative

juridical, namely legal research which is carried out

by examining library materials (Soekanto, S., &

Mamudji, S. (1985). The approach used in this study

is the statute approach. The statute approach is

carried out by examining all laws and regulations

that are related to the legal issue that is being in

discussion. (Marzuki, P. M. 2006).

Roof Top Solar Power and Legal Certainty of the Renewable Energy for the Society

367

RESULTS AND DISCUSSION

Since the beginning of the development of legal

theory and philosophy, especially since the teachings

of legal ideals (idee des recht) developed by Gustav

Radbruch as quoted by Sudikno Mertokusumo, it is

stated that there are 3 (three) elements of legal ideals

that must exist proportionally, namely legal certainty

(rechssicherkeit), justice (gerechtikeit), and

expediency (zweckmasigkeit). (Sudikno

Mertokusumo, 1999:88). The three elements of the

above legal objectives should receive proportional

and balanced attention. However, in practice it is not

always easy to get all three to appear in a balanced

way. (Sudikno Mertokusumo dan A. Pitlo, 1993: 2).

Rooftop PLTS is the process of generating

electricity using photovoltaic modules, which are

placed on roofs, walls, or other parts of buildings

owned by PLN customers. The benefits of installing

rooftop PLTS include saving on electricity bills for

PLN customers, new renewable energy applications

replacing fossil energy, helping to reduce the impact

of climate change because it is more

environmentally friendly. (Kementerian Energi dan

Sumber Daya Mineral, 2020).

In accordance with article 5 paragraph 1

(Regulation of the Minister of Energy and Mineral

Resources of the Republic of Indonesia No. 49 of

2018 concerning the Use of Rooftop Solar Power

Generation Systems by Consumers of PT. PLN

(Persero), 2018), it is stated that "The capacity of the

rooftop PLTS system is limited to at least high 100%

(one hundred percent) of the connected power of PT.

PLN (Persero)”. The main benefit of installing

rooftop PLTS by PLN customers is electricity

savings, because electricity using a rooftop PLTS

system will reduce the number of kWh of electricity

that PLN subscribes to each month. Meanwhile, the

export scheme of excess kWh of electricity from PV

mini-grid customers to the PLN network is not

intended for commercial buying and selling of

electricity, but as a backup for electricity savings

that can only be accumulated for 3 months. The

electricity reserve in the calculation of PLN's

electricity bill is only 65% of the PLN's basic

electricity tariff (TDL). (Handoko Bayu & Jaka

Windarta, 2021: 131)

Regarding PLTS Roof, the Minister of Energy

and Mineral Resources Regulation No.26/2021

concerning Rooftop Solar Power Plants that are

connected to the Electric Power Network is

regulated by the holder of a Business Permit for the

Provision of Electricity for Public Interest,

hereinafter referred to as MEMR Regulation

No.26/2021. ESDM Ministerial Regulation No. 49

of 2018 which revised the scope of the rules

regarding PLTS Roofs. The main substance of the

Minister of Energy and Mineral Resources

Regulation Number 26 of 2021 is:

1. The terms of export of electricity kWh are

increased from 65% to 100%.

2. Excess accumulated difference in claims is

eliminated, extended from 3 months to 6 months;

3. The application period for Rooftop PLTS is

shorter (5 days without an adjustment to the

Electricity Purchase Agreement (PJBL) and 12

days with an adjustment to the PJBL);

4. Application-based service mechanism for the

convenience of submitting applications,

reporting, and supervising the PLTS Rooftop

program;

5. The opening of carbon trading opportunities

from Rooftop PV mini-grid;

6. Availability of the PLTS Rooftop Complaint

Center to receive complaints from PLTS Rooftop

customers or IUPTLU holders; and

7. Expansion of regulation not only for PLN

customers but also for customers in non-PLN

Business Areas (IUPTLU holders)

This change is certainly an improvement in the

direction of the national energy policy that should be

appreciated. However, so far, this regulation has not

been implemented properly. One of the reasons is

because the Government is still considering the

impact on the PLN electricity system.

In fact, with the intensification of the Rooftop

PLTS program, quite a lot of people are interested in

installing it. The community in this case is industry

players and non-industrial communities (household

electricity consumers). Considering that it can save

on electricity usage and financing, Rooftop PLTS

can be a cheap, clean, and sustainable energy

alternative. However, when in the field there is a

confusion of information and unclear authority

between PLN and the government, it is ultimately

the people who are harmed.

This needs to be looked at in depth regarding

Indonesia's involvement in the Paris Agreement. G-

20 countries including Indonesia in the energy sector

agreed and took action steps for energy efficiency.

Therefore, in order to support energy efficiency, the

Rooftop PLTS program is a means of creating a fair,

affordable and safe transitional energy. The Paris

Agreement as the latest international legal

instrument in the environmental field adopted by

Indonesia determines quantitative guidelines for

each member country in terms of reducing the

amount of emissions, by converting from fossil-

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based energy and other steps, in order to achieve the

target of the Electricity Law establishing the priority

of using new and renewable energy. Electricity Law,

Law no. 32 of 2009, it is stated in Article 6

paragraph (2) that the utilization of primary energy

sources as referred to in paragraph (1) must be

carried out by prioritizing new energy sources and

renewable energy.

However, the mandate of this law has not been

implemented optimally, considering: (1) the fact that

the General National Energy Plan (RUEN) and its

derivative documents still budget for the use of

renewable energy in the mix portion of less than

25% in 2025, and (2) the reality of the realization of

renewable power plant development projects which

are still below 10% of the total number of power

plants for public use. From this it can be seen that

the Government has not prioritized the use of

renewable energy. (Modjo, 21)

Thus in the implementation of government

policies need to be based on the legal basis of proper

regulation in order to be able to meet the desired

goals. In the electricity sector, the existence of PLTS

Roof is a polemic in itself because the Government

(Ministry of Energy and Mineral Resources) has

issued regulations that are not in line with the object

of the field that has been previously regulated in the

Electricity Law.

In terms of energy efficiency, the Electricity Law

stipulates the priority of using new and renewable

energy. UU no. 32 of 2009, it is stated in Article 6

paragraph (2) that the utilization of primary energy

sources as referred to in paragraph (1) must be

carried out by prioritizing new energy sources and

renewable energy. However, the mandate of this law

has not been implemented optimally, considering:

(1) the fact that the General National Energy Plan

(RUEN) and its derivative documents still budget for

the use of renewable energy in the mix portion of

less than 25% in 2025, and (2) the reality of the

realization of renewable power plant development

projects which are still below 10% of the total

number of power plants for public use.

From this it can be seen that the Government has

not prioritized the use of renewable energy. The

planned capacity of PLTS with batteries in the

General National Electricity Plan (RUKN) is only

targeted at 200 MW (out of a total need of 127 GW)

in 2025. (Rencana Umum Ketenagalistrikan

Nasional Tahun 2019 Sampai Dengan 2038,

Keputusan No. 143 K/20/MEM/2019, hlm. 119).

Thus, it can be understood that PLN's target to

increase the energy mix from PLTS in the Electricity

Supply Business Plan (RUPTL) by 3,200 MW in

2025-2028 mainly relies on consumers installing

solar panels and not from the national plan for

commercial PV mini-grid development. (Menteri

Energi dan Sumber Daya Mineral,

Pengesahan

Rencana Usaha Penyediaan Tenaga Listrik PT

Perusahaan Listrik Negara (Persero) Tahun 2019

Sampai Dengan 2028, Keputusan No. 39

K/20/MEM/2019, hlm. V-64).

The PLTS planned in PLN's RUPTL actually

does not include self-help facilities built by the

community or business actors to fulfill their own

interests. This is very unfortunate, considering the

data from the Ministry of Energy and Mineral

Resources indicates the potential use of new and

renewable energy is 442 Gigawatt Peak (GWp), with

the hope that PLTS can contribute 207.8 GWp while

the realization of new utilization is 0.092 GWp.

(IDZ/BIR, “Energi Terbarukan Bisa Bikin

Pemerintah Hemat Puluhan Triliun,” (CNN

Indonesia, 2019).

Dependence on fossil energy sources as fuel for

power generation still dominates most systems to

meet the needs of electrical energy in Indonesia.

Efforts to reduce fossil fuels for power generation

and switch to new and renewable energy are pursued

by the government with the issuance of regulations

concerning the National Energy Policy. Currently,

the use of renewable energy in the electricity sector

is still dominated by the use of hydropower,

followed by the use of geothermal, biomass,

biodiesel, and solar power. (Handoko Bayu, 2021).

As with other power plants, the RUPTL only

regulates PLTS built for the public interest. The

PLTS in question is a large-scale project that was

built as an industry for selling electricity to PLN's

transmission lines for distribution to general

customers. Rooftop PLTS is not included in the

capacity planned in the RUPTL because it is self-

sufficient and follows the needs and abilities of the

owner. (Modjo, 23)

When the arrangement regarding the permit for

the installation of the Rooftop LPTS is regulated in

the ESDM Ministerial Regulation, both in the

Ministerial Regulation No. 49 of 2018 and the

ESDM Ministerial Regulation No. 26 of 2021

creates legal ambiguity and confusion, so it is

necessary to revisit the rules regarding electricity as

the main object that is regulated. Legal problems

also arose related to the assignment of PLN from the

ESDM to grant a PLTS Roof permit. The authority

of the Central Government (ESDM) according to the

Electricity Law that can be delegated to PLN is

limited to certain electricity facilities. When it is

related to regional autonomy, the regional

Roof Top Solar Power and Legal Certainty of the Renewable Energy for the Society

369

government has the authority to make arrangements

related to Rooftop PLTS because it is micro and

does not support national electricity supply.

Based on Article 5 of Law no. 12 of 2011 which

in its explanation requires statutory regulations to be

established by taking into account the principles of

appropriate institutions or forming officials and the

principle of conformity between types, hierarchies,

and content materials. Based on this, the head of the

regional government itself is authorized to assign

business entities or other agencies to carry out their

functions. This principle is also explicitly stated in

the Electricity Law, which separates the authority for

providing electricity to each Central, Provincial, and

Regency/City Government units equally in

accordance with the extent of exploitation and

connection of the power plant to the network.

Bagir Manan explained that every statutory

regulation has natural defects and artificial defects,

where this is a consequence of the written law which

results in the regulation having a limited reach, only

hospitalization moments from the political,

economic, social, cultural and defense elements that

were most influential at the time of formation,

because it was easy to be "out of date" when

compared to the changes in society that were getting

faster and faster. (Ridwan,2014:5).

In the General explanation of Paragraph 2 of the

Electricity Law Given the importance of electric

power for the state in realizing public welfare in all

fields and in line with the provisions in Article 33

paragraph (2) of the 1945 Constitution of the

Republic of Indonesia, this Law states that efforts to

provide electric power is controlled by the state and

used for the greatest prosperity of the people whose

implementation is carried out by the Government

and regional governments.

The authority for administering the provision of

electricity by the Government broadly includes the

authority to establish policies, regulate, supervise,

and carry out the business of providing electricity.

Article 5 of the Electricity Law states that the

authority to determine policies, regulate and

supervise electricity supply remains with the

Government and local governments which in

practice include:

a. stipulation of electricity supply business

license (for generator owners for public

purposes);

b. determination of operating license (for

generator owners for their own interests); and

c. stipulation of approval for the sale of excess

electricity from the holder of the operating

license

In accordance with Article 10 paragraph (1) of

the Electricity Law, the scope of business of PLN

as a BUMN appointed by the Government as the

provider of electricity supply for the public

interest includes only:

a. power generation;

b. electric power transmission;

c. distribution of electric power; and/or

d. electricity sales.

That the assignment of PLN does not include

the granting of a permit as regulated by the

Minister of Energy and Mineral Resources

regarding the Use of the Rooftop PLTS System by

PT PLN Consumers. includes “the

implementation of business activities” and the

nature of the activities is very specific for

business as described in Article 10. Other powers

of the Government in the form of “policy setting”,

“regulation”, and “supervision” are not also

delegated in the Electricity Law.

Consequently, the Government is not authorized

to assign PLN to carry out these functions even

though the assignment is carried out through the

ESDM Ministerial Regulation. In theory, the laws

and regulations, the ESDM Ministerial Regulation

violates the legal basis for its issuance because the

assignment is not permitted by the Constitution and

the Electricity Law which expressly limits the scope

of functions of business entities as implementers of

electricity supply.

(Zaka Firma Aditya dan M. Reza

Winata,

2018).

Judging from the nature of the permits required

by the ESDM Ministerial Regulation as mentioned

above, ESDM also appears to have created a new

category of licensing that is not based on the

Electricity Law. Ministerial regulations are not

allowed to conflict with the basic regulations. In the

Electricity Law and Government Regulation No. 14

of 2012 concerning Electricity Supply Business

Activities, there are only two types of permits for the

construction of power generation facilities, namely

the Electricity Supply Business Permit (IUPTL)

which is intended for power plants for commercial

purposes. general, and Operating Permit (IO) for

power plants for their own use with a certain

capacity. The two permits are required before the

construction of the power plant can be carried out,

so that they are similar in nature to the PLTS Roof

permit which is required by Article 10 paragraph (1)

of the Minister of Energy and Mineral Resources

regarding the Use of the Rooftop PLTS System by

PT PLN Consumers.

Theo Huijbers expressed Radbruch's opinion that

the legal system loses its meaning as law at all if the

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legal system no longer recognizes equal rights

before the courts. This can no longer be called fair

because here the legal system loses what is the

essence of law, namely being the embodiment of

justice. (Theo Huijbers, 1982: 162). If you pay

attention to the opinion of Gustav Radbruch, it can

be concluded that when there is a conflict between

the principle of legal certainty and the principle of

justice, the principle of justice must be prioritized.

Therefore, in terms of setting up PLTS Roof, it is

necessary to review the business license for

providing electricity as regulated in the Electricity

Law.

CONCLUSION

The regulation on PLTS Roof which is carried out in

the Minister of Energy and Mineral Resources

Regulation No. 26 of 2021 has not provided legal

certainty for the community. This ESDM Ministerial

Regulation needs to be re-examined regarding the

content of the regulation that is not properly

regulated in the Ministerial Regulation. This creates

a conflict of regulations and violates the provisions

of making applicable laws because in fact the

regulation is more appropriate to be carried out in

the Electricity Law. In connection with the interests

of accelerating the new and renewable energy mix

from Rooftop PLTS, it is necessary to revise the

Electricity Law which is able to accommodate the

regulation on licensing of Rooftop PLTS both for

industry and for household electricity. In addition, in

order to be able to fulfill the mandate of the Paris

Agreement and the commitments of the G-20, the

scope of management and implementation of

Rooftop Solar Power Plants needs to be supported

by the role of local governments to encourage

community participation in creating a wider new

energy mix.

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