indonesia tsa1

8/9/2019 Indonesia TSA1

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RADIATION AND WASTE SAFETY INFRASTRUCTURE

PROFILE (RaWaSIP)

Indonesia

Prepared by:

The Regulatory Infrastructure and Transport Safety Section

Radiation, Transport and Waste Safety Division

For Internal Use Only

Radiation and Waste Safety Infrastructure Profiles (RaWaSIPs)provide a summary of

information on the radiation and waste safety infrastructure in Member States receivingAgency assistance for which the International Basic Safety Standards and other related

standards are therefore to be applied. This document has been prepared using various

available resources such as end-of-mission reports, internal travel reports, peer reviewmissions, Radiation Safety and Security Infrastructure Appraisal Missions, IRRS reports,

Member States' inputs and other relevant information made available through official

correspondence and Agency databases.

RaWaSIPsare, for the time being, prepared for confidential use only, and are intendedas basic reference material for the Agency's Staff as a tool for proactively identifying

needs and prioritising assistance to a Member State in conjunction with the Action Plan

for that country and also for briefing material. Although great care has been taken tomaintain the accuracy of information contained in the manuscript, the views expressed

do not necessarily reflect those of the Agency.

Formal periodic updating is foreseen once new relevant sources of information are

available, in particular when an Appraisal mission has taken place. Thus, depending on

the date of preparation or update of the current profile, the information contained

therein does not necessarily reflect the latest status.


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DETAILS SECTION

TSA1 - Regulatory

Infrastructure

Legislation

The principal and primary law governing atomic energy utilization in Indonesia is Act No 10/1997 on

Nuclear Energy, which was enacted in 10 April 1997 and promulgated in State Gazette of Republic of

Indonesia Year 1997 No. 23 Supplementary State Gazette 3676. This Act contains several chapters suchas institutions, research and development, exploration, regulatory authority, radioactive waste

management, liability for nuclear damage, and penal provisions. In order to implement the Actcomprehensively, it requires some more detail and technical regulations that become its secondary andderivatives regulations, which includes Government Regulation, Presidential Regulation and BAPETEN

Chairman Regulation as the lowest level of regulations.

The following legal instruments, in descending order, are used in Indonesia: Acts, Government

Regulations (GR), Presidential Regulations (PR), and BAPETEN Chairman Regulations. TheChairman, in this case, is the senior official of "Badan Pengawas Tenaga Nuklir" (BAPETEN), the

Nuclear Energy Regulatory Agency of Indonesia.

Act No. 10 (1997) on Nuclear Energy provides the legal framework for radiation safety in Indonesia.

Nuclear energy is defined as energy arising from nuclear transformations and ionizing radiation sources.In particular, in the Act:

Article 4 establishes an independent Regulatory Body "Badan Pengawas Tenaga Nuklir"(BAPETEN) with direct responsibility to the President. The Regulatory Body is charged with

establishing regulations, and conducting licensing processes and inspections.

Article 15 details purposes for controls on radiation sources.

Article 16 indicates the safety, the security, the health of the workers and the public, and the

environmental protection will be developed in Government Regulations.

Article 17 allows for exemptions from licensing requirements to be prescribed.

Article 18 indicates licensing fees.

Article 19 regulates the provision for Radiation Protection Officer (RPO).

As noted above, Act No 10 (1997) stipulates effective separation between the regulatory body,BAPETEN, and the promoting body, the National Nuclear Energy Agency, BATAN. In principle, the

Nuclear Energy Act is in accordance with the BSS and GS-R-1.

The principal radiation safety regulations in Indonesia are the following:


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GR No.33 (2007) on Safety of Ionizing Radiation and Security of Radioactive Sources as an

amendment to GR No. 63 (2000). GR No. 63 is concerned generally with radiation safety it

does not address occupational and medical safety in any detail. The detail is provided throughChairmans Decrees. This was amended and replaced by the GR No. 33 (2007) to include

amendments for its shortcomings such as adding occupational exposure, medical exposure,

TENORM and security of radioactive sources in compliance with the BSS and Code of Conduct.

GR No.29 (2008) on the Licensing of Ionizing Radiation Source and Nuclear Material as anamendment to GR No. 64 (2000). GR No 29 included three categories of license (A, B and C).

GR No 29 also adopts exemption criteria in compliance with the BSS and Code of Conduct.

GR No. 27 (2009) on Licensing Fees as an amendment to GR No. 134 (2000).

GR No. 26 (2002): Safe Transport of Radioactive Material; is now in the process of the

amendment (expected to be submitted to the State Secretary for finalization in 2013) in

harmonization with recent IAEA safety and security standards.

GR No. 27 (2002): Radioactive Waste Management. This GR is in the process of amendment toadopt IAEA safety criteria set forth in, among others, IAEA SF-1: Fundamental Safety

Principles, SS 111-F: The Principles of Radioactive Waste Management, and GSG-1:

Classification of Radioactive Waste. The amendment is expected to be submitted to the State

Secretary for finalization in 2012. GR No. 43 (2006): Licensing of Nuclear Reactor. This GR is in the process of amendment to

also cover the licensing process of fuel cycle facilities. The amendment is expected to be

submitted to the State Secretary for finalization in 2013.

The GRs are supplemented by:

Presidential Decree (PD) No. 76 (1998), and amendments PD No. 103 (2001) and PD No. 30

(2003), which specifies BAPETEN as the Regulatory Body and prescribes some of its functions;and

a significant number of BAPETEN Chairman Regulations that detail licensee requirements and

prescribe codes of practice.

It is noted that PD No. 76 (Articles 17 and 18) provides for compensation for radiation workers. Thisprovision is inconsistent with international standards.

The national legal framework of radiation safety has been thoroughly established in the aforementioned

GRs. For instance, safety requirements in the BSS and GS-R-1 have been adopted in GR No 33 (2007).

To make it fully compatible with the BSS, some specific BAPETEN Chairman Regulations will beestablished in near future. The upcoming Integrated Regulatory Review Service (IRRS) in 2014 will

further evaluate the completeness of the regulatory framework.

Regulatory aspects of emergency preparedness and response are, as follow:

Act No.10 (1997) on Nuclear Energy,

Act No. 24 (2007) on National Disaster Countermeasure,

Presidential Decree No.81 (1993) on Ratification of Convention On Early Notification of a

Nuclear Accident,

Presidential Decree No. 82 (1993) on Ratification of Convention on Assistance on the Case of a

Nuclear or Radiological Emergency,

Presidential Decree No.106 (2001) on Ratification of Convention on Nuclear Safety.


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Presidential Regulation 27 (2002) on Ratification of Joint Convention on the Safety of the

Management of Spent Fuel and on the Safety of the Management of Radioactive Waste.

Government Regulation No. 54 (2012) on the Safety and Security of Nuclear Installations,

Chapter 5 on Nuclear Emergency Preparedness and Response.

BAPETEN Chairman Regulations No 1 (2010) on Nuclear Emergency Preparedness andResponse.

Responsibility of the natural disaster belong to BNPB (Badan Nasional Penanggulangan Bencana)

National Disaster Management Agency. Every year BAPETEN visit local government who has duty for

emergency and disaster to discuss topic concerned.

Act No 10 (1997) has established the maximum of third party nuclear liability. The liability limit is

amended in GR No. 46 (2009). Detailed liability limits for each nuclear installation will be covered in

the Presidential Regulation which is expected to be issued shortly.

Act No. 10 (1997) on Nuclear Energy provides the legal framework for radiation safety in Indonesia.Among other things, the Act establishes an independent regulatory body, "Badan Pengawas Tenaga

Nuklir" (BAPETEN).

The Act, GRs, PRs and BCRs cover most of the administrative and technical requirements of the

facilities and activities to be regulated, but are at times incompatible with international standards. Tomake it fully compatible with the BSS, some specific BAPETEN Chairman Regulations will be revised

and established in near future. Two new GRs replacing previous older regulations including GR no. 33

(2007) entitled "Safety of Ionizing Radiation and the Security of Radioactive Sources" and GR no. 29(2008) entitled "Licensing of Ionizing Radiation Sources and Nuclear Material" have been approved.

The national legal framework of radiation safety has been thoroughly established in the aforementioned

GRs. For instance, safety requirements in the BSS and GS-R-1 have been adopted in GR No 33 (2007).Some regulatory aspects of emergency preparedness and response include some Acts, Government

Regulation, and Presidential Decrees.

Act No 10 (1997) has established the maximum of third party nuclear liability. The liability limit is

amended in GR No. 46 (2009). Detailed liability limits for each nuclear installation will be covered inthe Presidential Regulation.

2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion within

a defined time scale.

Regulations and Guidance

The main regulatory framework for occupational exposure control in Indonesia is provided by GR No.33 (2007) and the following specific BAPETEN Chairman Regulation (BCR):

No BCR NUMBER TITLE

1 BCD No 01/Ka BAPETEN/V-99

Working Safety against Ionizing Radiation

based on ICRP No 26, it is being amended in2012, based on ICRP 103 and GSR Part 3 (BSS).


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2 BCD 12/Ka-BAPETEN/V-99Working Safety of Nuclear Ore Mining and

Refinery

3 BCD 14/Ka-BAPETEN/V-99Safety of Pressurized Lantern Mantle

Manufacture

4 BCR NO. 7 Year 2007 Security of Radioactive Sources

5 BCR No. 5 (2008) Working Permit Requirements

6 BCR NO. 5 Year 2009 Radiation Safety in Well Logging7 BCR NO. 6 Year 2009 Radiation Safety in Gauging

8 BCR NO. 7 Year 2009 Radiation Safety in Radiography Industry9 BCR NO. 9 Year 2009 Intervention on TENORM

10 BCR NO. 6 Year 2010 Health Surveillance of Radiation Worker

11 BCR NO. 8 Year 2011Radiation Safety in Radiology Diagnostic and

Interventional

12 BCR NO. 9 Year 2011Compliance Test in Radiology Diagnostic and

Interventional

All the content of the BCRs above have direct link with the previously mentioned GRs. The structure of

BCR is :

Chapter 1. License Requirements

Chapter 2. Management, Radiation Protection and Technical Requirements

Chapter 3. Verification of Safety

Chapter 4. Intervention

Etc.

According to Nuclear Installation, BAPETEN prepare BCR on: BCR No. 5 year 2007, Site Evaluation;

BCR No. 1 year 2009, Reactor Design; BCR No. 3 year 2009, Operation of Reactor; BCR No. 4 year

2009: Decommissioning of Reactor.

Current Status of Indonesian Government Regulations are as follow:

No Title Current Status


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1.

GR No 63/2000 on the Safety andHealth against the Utilization of

Ionizing Radiation.

Main chapters:

Dose limits system.

Management system for radiation

safety: General, Radiation protection

organization; Radiation dose and

radioactivity monitoring; Radiationprotection equipment; Health

examination; Documentation; Qualityassurance; and, Education and training.

Calibration.

Emergency preparedness and

response.

Administrative provisions.

GR No 33/2007 on Safety of Ionizing

Radiation and Security of RadioactiveSources.

This new revision was based mainly on

BSS-115, Code of Conduct on The

Safety and Security of RadioactiveSources including the Guidance on the

Import and Export of Radioactive

Sources.

Main chapters:

Radiation safety in the utilization of

nuclear energy: General; Management

requirements; Radiation protectionrequirements; Technical requirements;

and, Safety verification.

Intervention: General; and, Intervention

implementation.

Security of radioactive sources:General; and, Security of imported and

exported; Security of used, stored and

transported radioactive sources.

Regulatory inspection.

Administrative sanction.

2.

GR No 64/2000 on the Licensing of

Nuclear Energy Utilization.

Main chapters:

Requirements and procedure inobtaining license.

License period.

Authorities and responsibilities of

licensee.

Regulatory inspection.


Penal provision.

GR No 29/2008 on the Licensing of

Ionizing Radiation Source and Nuclear

Material.

This new revision is based on BSS-115,Code of Conduct on The Safety and

Security of Radioactive Sources

including the Guidance on the Importand Export of Radioactive Sources and

also Safety Standard Series No. GS-G-1.5.

Main Chapters:

Grading of Utilization of Ionizing

Radiation Souce and Nuclear Material (

Group A, B and C).


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License Requirements (Administrative,

Technical and/or Specialized)

License Procedure and Process

Obligation of Licensee

Clearance

Exemption

Approval

Inspection


3.

GR No 26/2002 on the Safe Transportof Radioactive Materials.

Main chapters:

Approval.

Authorities and responsibilities.

Packaging.

Radiation protection program.

Training.

Quality assurance program.

Type and activity limit of radioactive

material.

Radioactive material with other

hazard.

Emergency preparedness and

response.


Penal provision.

In force.

Amendment to this GR is to be done nextyear. Conception of the amendment

refers to these following publications:

TS-R-1, Regulations for the SafeTransport of Radioactive Material, 2009

Nuclear Security Series No. 9, Securityin Transport of Radioactive Material,

2008

Nuclear Security Series No. 10,Development, Use, and Maintenance of

the Design Basis Threat, 2008

Nuclear Security Series No. 11,Security of Radioactive Sources, 2009

Others


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4. Decrees of Chairman of BAPETEN on Clearance Level still on final draft. BAPETEN adopts

the IAEATECDOC-1000 on Clearance of materials resulting from the use of radio nuclides inmedicine, industry and research, the RS-G-1.7 on Application of the Concepts of Exclusion,

Exemption and Clearance, etc.

General Safety Provisions for Transport of radioactive material

Transport of radioactive material shall be managed within an appropriate legal framework through act,regulations, guides etc.

Established national regulation related to the safe transport of radioactive material:

1. Act No. 10 Year 1997 on Nuclear Energy;

2. GR No. 29/2008 on The Licensing of Ionizing Radiation Souce and Nuclear Material.;

3. GR No. 26/2002 on Safe Transport of Radioactive Material;

4. CR No. 04/1999 on Safety Provision of Transport of Radioactive Material;

5. CR No. 05-P/2000 on Guideline for Safe Transport of Radioactive Material Requirements.

General Safety Provisions for Nuclear Reactor

All of the regulation must harmonize with the IAEA recommendation and international standard. It

means that the change of the international standard will influence the regulation.

GR No. 43/2006 on The Licensing for Nuclear Reactor and there are 7 related draft of BAPETEN

Chairman Regulation on:

1. Site Evaluation for Nuclear Reactor

2. Guide for Dispersion of radioactive materials in air and water

3. Guide for Vulcanology aspect on site evaluation of Nuclear Reactor

4. Guide for Meteorological Events in site evaluation of Nuclear Reactor

5. Guide for Geotechnical Aspects of Nuclear Reactor site evaluation and Foundations

6. Guide for Seismic Hazards of Nuclear Reactor

The main regulatory framework for medical exposure control in Indonesia is provided by the Act 10,GR No. 33 and No. 29, and the following BCRs:

BCD No 01/Ka-BAPETEN/V-99: Working Safety against Ionizing Radiation based on ICRP No 26;

It is being amended in 2012, based on ICRP 103 and GSR Part 3 (BSS);

BCD 21/Ka-BAPETEN/XII-02: Quality assurance in radiotherapy facility based on Tecdoc 1040;


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BCR NO. 8 Year 2011: Radiation Safety in Radiology Diagnostic and Interventional;

BCR NO. 9 Year 2011: Compliance Test in Radiology Diagnostic and Interventional.

Final drafts of some BCR documents related to medical exposure to be approved by BAPETENChairman are:

BCR (Final draft): Regulation on Safety and Security of Radioactive Source in Radiotherapy facility

BCR (Final draft): Regulation on Safety in Nuclear Medicine.

BCR (Final draft): Radiation Safety for Ionizing Radiation (BCD No. 01 year 1999, Revised )

Radioactive Waste is regulated through GR No. 27 (2002) and BCD No 03/Ka-BAPETEN/V-99.

Transport of Radioactive Materials is regulated through GR No. 26 (2002) and BCD 04/Ka-BAPETEN/V-99 which will be amended in 2013 to be harmonized with recent IAEA safety and

security standards.

Indonesia has established a national framework for Nuclear Emergency Preparedness System, as

stipulated in the Government Regulations No. 54 (2012) on the Safety and Security of NuclearInstallations, Chapter 5 on Nuclear Emergency Preparedness and Response. The draft structure of

National Nuclear Emergency Response Organization (NERO) has been agreed.

Government Regulations (GR), supplemented by Presidential Regulation (PR) and BAPETENChairman Regulation (BCR), form the remainder of the legal framework for radiation safety in

Indonesia. The Agency during the GC 2008 bilateral meeting with Indonesia was informed that two

regulations have been amended and approved by the President of Indonesia including GR no. 33 (2007)

entitled "Safety of Ionizing Radiation" and GR no. 29 (2008) entitled "Licensing of Ionizing RadiationSources and Nuclear Material". These two regulations respectively replace the GR No. 63 and the GR

No. 64 (2000). To make the regulations fully compatible with the BSS, some specific BAPETEN

Chairman Regulations shall be established and updated.

3 - Appraisal criteria fully met

Regulatory Body Establishment and Independence

Act No. 10 (1997) on Nuclear Energy stated that Government was to establish a regulatory body under,

and directly responsible to, the President. This regulatory body was to have the task of controlling allactivities using nuclear energy, for establishing regulations, conducting the licensing processes and

organizing inspections.

A new structure of organization of BAPETEN established on May 8, 2008 (as shown below) set up an

Education and Training Unit. Main structure of organization are the same with the one stated in theCountry Status Report, May 2007 Version.

Presidential Decree No. 76 (1998) established BAPETEN as an effectively independent regulatory

body, reporting directly to the President. This Decree has been amended several times by amendments


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PD No. 103 (2001) and PD No. 3 (2003), which specifies BAPETEN as the Regulatory Body and

prescribed some its functions.

The level of independency:

The regulatory body, is effectively independent, reporting directly to the office of the president.

Ministry of science and Technology coordinates BAPETEN routine activity. Budget sources: State Budget

Organization structure of BAPETEN, from the country report 2009 (RCA Philippines) is shown below:

The regulatory body, BAPETEN, is effectively independent, reporting directly to the Office of the

President. It is adequately empowered by legislation, with the right to communicate directly with other

governmental authorities.


Regulatory Body Staffing and Training

BAPETEN has around 441 staff in total with about 219 staff (including 12 lawyers) allocated to

licensing and inspection and associated regulatory functions. The qualifications, experience andexpertise of staff members varies widely.


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A 5-year plan is followed for staffing recruitment. Licensing and inspection staffs are generally

recruited at basic degree level.

New staff receives a 2-week initial training in basic radiation protection applicable legislation and

fundamentals of nuclear science and technology. A training program including syllabus, training

material, etc. for inspectors have been established (Training for licensing evaluator; computation and

codes for assessment) from 2007.There are 4 levels of inspectors, promotion from one level to the nextbeing by examination and/or training. The decision whether personnel are qualified to perform different

procedures independently is not formalized, but attention is being given to the development of job

descriptions. Basic Professional Training Courses (BPTC) are also provided for different groups oftechnical staff regulating radiation and nuclear.

BAPETEN employs an adequate number of personnel. The qualifications, experience and expertise of

staff members vary widely. Some training of new staff and technical staff is provided, but a well-

established, systematic mechanism for ensuring the adequate training of staff members has not yet beenestablished.

Staffing levels

Ranks: Start from IIIa (for fresh bachelor new employee) to IIId; and, IVa to IVe for senior

employees. It normally takes 4 years to reach the next higher level rank. Exception can be given basedon criteria of professionalism.

Echelons (Managerial): Start from Echelon I for the Chairman and Deputies and the Executive

Secretary, with minimum ranks of IVc; Echelon II for Director levels, with minimum ranks of IVb;

Echelon III for Head of Subdirectorate or Division, with minimum ranks of IVa; Echelon IV for Headof Subdivision, with minimum ranks of IIIc.

Qualification and training

Technical staff: Minimum D3 from technical school, preferably bachelor or higher degree from

science and technology; Bachelor degree from law school for staff in Rulemaking Directorates andBureau of Legal and Organizational Affairs.

Training arrangements:

o Introduction to BAPETEN for all new staff.

o Radiation protection for all new staff (class for technical and non-technical staff).

o Basic Professional Training Course (BPTC) for all new technical staff

o Technical training: Training for inspector with leveling; Training for licensing evaluator; Computationand codes for assessment; QA/Management System;

o Introductory training to legal affair for technical staff.

o Legal drafting training for legal staff.


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When the staff begin work in BAPETEN they shall take course on introduction of the duties of

BAPETEN. In this course all of the directors as lecturers give explanation about the directorate or unitjob in detail. It is include organization supporting job or administrative job. From this training will be

expected that all of the fresh employee will be familiar with the duty of the Regulatory Agency.

The next training is Radiation Protection Course for technical and supporting staff. For supporting staff

the training is more easier because they do not need to continue but for technical staff is more difficultbecause it will be used when they take another course for their career. The training course on Radiation

protection is carried out by BAPETEN and all of the lecturers are from BAPETEN.

For the Safeguards, there is National Training Course on Safeguards and Additional Protocol. It can beparticipated by BATAN or BAPETEN staff.

Recently BAPETEN is still developing the training course for inspector. There are 3 groups of inspector

such as Nuclear Installation and Nuclear Material, Safeguards, and Medical and Industrial inspector.

The training inspector consist of 4 levels viz : Pratama, Muda/Junior, Madya/ Intermediate, andUtama/Senior Inspector. BAPETEN has executed training for level Pertama and Muda. To reach higher

level the participant shall pass examination.

Besides some in-house training (organized by BATAN and BAPETEN), BAPETEN has made use of

external resources. Selected staff members received training abroad and in-house under the auspices ofthe IAEA and since 1996 under a bilateral agreement with MITI at NUPEC in Japan on nuclear safety

regulation and safety analysis. BAPETEN has also sent our staff to take Train the Trainers (TOT)

Course on Nuclear Safety at Argonne National Laboratory in the USA (2002).

For the User/ Licensee staff they have to take training course on Radiation Protection before tested byBAPETEN to get personal license. The personal license will be given to the participant after they pass

test and valid for 3 (three) up to 5 (five) years. To be an operator reactor or a supervisor reactor

BAPETEN carry out a test. If they pass test they will get personal license that valid for 5 year. Thecourse its self is executed by BATAN because BATAN has been accredited by National Accreditation

Commission of Indonesia.

BAPETEN employs an adequate number of personnel. The qualifications, experience and expertise of

staff members vary widely. Some training of new staff and technical staff is provided, but a well-established, systematic mechanism for ensuring the adequate training of staff members has not yet been

established.


Regulatory Body Funding

The legislation through PD No. 76 (1998) provides for funding of BAPETEN by Government

allocation. The different divisions within BAPETEN prepare an annual funding plan to cover their

anticipated needs based on the projected workload for the next year.

BAPETEN has recently moved location to occupy different premises. A new 8-storey building was built

in 2004. Other equipment, such as vehicles, computers and nuclear and radiation instrumentations, are

adequate.


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Licensing fees are paid to Government, rather than to BAPETEN. GR No. 27 (2009) sets the licensing

fees.

The regulatory authority appears to be provided with adequate financial resources to discharge its

responsibilities and maintain its independence.

Funding for the operation of BAPETEN is provided directly by Government allocation. Budgeting is

through the Parliament, and in coordination with Ministry of Science and Technology, Ministry ofFinance and the Agency of National Development Plan. Fees from licensing are paid into the

Government consolidated fund. BAPETEN has adequate financial resources to discharge its

responsibilities.

Funding for the operation of BAPETEN is provided directly by Government allocation. Fees fromlicensing are paid into the Government consolidated fund. BAPETEN has adequate financial resources

to discharge its responsibilities, but it does not have appropriate radiation detection survey instruments

for all the practices that are inspected.


Coordination and Cooperation at the National Level

List of Mo U signed with:

Ministry of Health;

University of Indonesia, Jakarta;

Bandung Institute of Technology, Bandung;

Gadjah Mada University, Yogyakarta;

Diponegoro University, Semarang;

Academy of Environmental Institutes (STTL), Yogyakarta

National Agency for Information and Geospatial (BIG)

National Agency for Disaster Management (in progress for Mo U signature);

Director General of Customs and Excise (in progress for Mo U signature);

National Coordination Agency for Maritime Security (in progress for Mo U signature);

Police of Indonesia (in progress for Mo U signature).

Cooperation and coordination at the national level have been formally established with the Ministry of

Health, several Local Governments, and intensive collaboration has been established with other

government agencies.


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Cooperation and coordination at the national level have been formally established with the Ministry of

Health and informal links are maintained with several other Departments.



International Cooperation

Indonesia has been an IAEA Member State since 1957 and is party to the following MultilateralAgreements:

Multilateral Agreements

TitleIn

ForceStatus

P&I Agreement on the Privileges and Immunitiesof the IAEA

1971-06-04

acceptance: 1971-06-04

CPPNM Convention on the Physical Protection ofNuclear Material

1987-02-08

Signature: 1986-07-03

ratification: 1986-

11-05

VC Vienna Convention on Civil Liability for

Nuclear Damage

Non-Party

NOT Convention on Early Notification of aNuclear Accident

1993-12-13

Signature: 1986-09-26

ratification: 1993-

11-12

ASSIST Convention on Assistance in the Case of a

Nuclear Accident or RadiologicalEmergency

1993-

12-13

Signature: 1986-

09-26

ratification: 1993-11-12

NS Convention on Nuclear Safety 2002-

07-11

Signature: 1994-

09-20


VC/OP Optional Protocol Concerning theCompulsory Settlement of Disputes

Non-Party

JP Joint Protocol Relating to the Application of

the Vienna Convention and the Paris

Convention

Non-Party

RADW Joint Convention on the Safety of Spent Fuel

Management and on the Safety of

Signature: 1997-


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Radioactive Waste Management 10-06

ratification:

2011.04.01

PVC Protocol to Amend the Vienna Convention

on Civil Liability for Nuclear Damage

Signature: 1997-

10-06

SUPP Convention on Supplementary Compensationfor Nuclear Damage Signature: 1997-10-06

ARCAL Co-operation Agreement for the Promotion

of Nuclear Science and Technology in Latin

America and the Caribbean (ARCAL)

Non-Party

RSA Revised Supplementary Agreement

Concerning the Provision of TechnicalAssistance by the IAEA (RSA)

1980-

07-04

Signature: 1980-

07-04

RCA Third Agreement to Extend the 1987

Regional Co-operative Agreement for

Research, Development and Training Related

to Nuclear Science and Technology (RCA)

2002-

02-15

acceptance: 2002-

02-15

ARASIA Co-operative Agreement for Arab States in

Asia for Research, Development and

Training Related to Nuclear Science andTechnology (ARASIA)

Non-Party

AFRA African Regional Co-operative Agreementfor Research, Development and Training

Related to Nuclear Science and Technology

(AFRA) - Third Extension

Non-Party

CPPNME Amendment to the Convention on thePhysical Protection of Nuclear Material


Last updated on 2010-06-09 by OLASafeguards Agreements

Reg.No TitleIn

ForceStatus

1404 Application of safeguards in connection with

the Treaty on Non-Proliferation of Nuclear

Weapons

1980-

07-14

Signature: 1980-

07-14

1710 Protocol Additional to the Agreement between

the Republic of Indonesia and the IAEA for theApplication of Safeguards in Connection with

the Treaty on the Non-Proliferation of NuclearWeapons

1999-

09-29

Signature: 1999-

09-29

The regulatory body also has links with a number of other external organisations, principally related tosafeguards matters.

It has a formal agreement with the USA, Canada, Australia, Malaysia, South Korea, and Slovak

Republic to enhance and improve its radiation protection programme.


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Indonesia has expressed support for the Code of Conduct on the Safety and Security of Radioactive

Sources.

Necessary cooperation is formaly established and maintained with the IAEA and agreements for

cooperation exist with the USNRC, USDOE, and Canadian radiation safety regulatory authority.

In regional level, Indonesia is one of member state to SEANWZ (South East Asia Nuclear Weapon

Zone) who participate to maintain nuclear security and safety in this region.

Necessary cooperation is formally established and maintained with the IAEA and agreements forcooperation exist with the USNRC, USDOE, and Canadian radiation safety regulatory authority.

Indonesia has expressed support for the Code of Conduct on the Safety and Security of Radioactive

Sources.


Notification and National Register of Radiation Sources

GR No. 33 (2007) on "Safety of Ionizing Radiation and the Security of Radioactive Sources" and GR

No. 29 (2008) on "Licensing of Ionizing Radiation Sources and Nuclear Material" which respectivelyreplaced the GR No. 63 and the GR No. 64 (2000) appears to have extended the regulatory processes to

include all notification, licensing, exemption and clearance practices.

There is no legal provision yet for the maintenance of a national register of radiation sources and the

current national register of sources may be incomplete and is dependent on licensing applications.BAPETEN has records of imported sources and of those subject to licensing control, but there are other

sources that remain outside its database. Indonesia is not using RAIS, but has developed its own system

with a web platform (BAPETEN Licensing and Inspection System B@LIS).

For notification of radiology diagnostic and Interventional practices, BAPETEN has established aNational Project (2008-2012), by BAPETEN in cooperation with the MOH, Radiographer and

Radiologist Association, and Local Government in Province, to obtain further information on medical

practices for further regulatory actions. This includes information on the number, location and the statusof diagnostic and interventional radiology equipment; number of radiologists, radiographers, medical

physicist, etc. A training program included of clinical training for medical physicist

Indonesia has a 30 MW Multi Purpose Reactor (MPR), two TRIGA Mark II research reactors, a fuel

fabrication facility for the MPR, a radioisotope production facility, and a radioactive waste managementand storage facility.

Medical uses of radiation include about 5000 diagnostic radiography units, 18 radiotherapy units, and

16 nuclear medicine facilities.

Industrial uses include 4 irradiator facilities, about 500 industrial radiography units, about 2000 nucleargauges including neutron gauges, about 100 facilities using radiation sources for analytical or research

techniques, and many users of unsealed radioactive materials.


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BAPETEN utilizes BAPETEN Licensing and Inspection System (B@LIS), a multi tasking web based

database system, to organize all information regarding licensing and inspection. BAPETEN gives eachapplicant a specific password, where she/he can use it in BAPETEN website to monitor the progress of

their licensing process. Currently, B@LIS 1.5 has been setup in line with the application of GR No.

29/2008, which reorganize the structure of licensing process based on BSS-115.

The present legal framework does not make provision for notification and a national register ofradiation sources. However, the two new Regulations; GR no. 33 (2007) "Safety of Ionizing Radiation

and the Security of Radioactive Sources" and GR no. 29 (2008) "Licensing of Ionizing Radiation

Sources and Nuclear Material" which respectively replaced the GR No. 63 and the GR No. 64 (2000)appears to have extended the regulatory processes to include all notification, licensing, exemption and

clearance practices. The current register of sources may be incomplete and is dependent on licensing

applications.

2 - Appraisal criteria is partially met and an action plan is implemented to fully meet the criterion withina defined time scale.

Authorization

By the Nuclear Energy Act and GR No. 29/2008, prior to any utilization of nuclear energy, a licenseshall be obtained from BAPETEN. As stated by the GR, there are three categories (groups) of license,

i.e.:

Category A, such as: Import, export and transfer of radioactive sources, production of radiation

sources, industrial radiography, well logging, diagnostic radiology and interventional, radiotherapy,nuclear medicine (therapy or in vivo), radioisotope production, radioactive waste management, etc.

Category B, such as: import, export and/or transfer of apparatus containing radioactive materials for

consumers product, storage of radioactive materials, nuclear medicine in vitro, industrial gauging andbaggage fluoroscopy;

Category C, such as: export or import of radiation sources, the uses of radioactive materials for

education, research and development, check source, etc.

To obtain a license, the applicant shall fulfill administrative, technical and/or special requirements. The

technical requirements (with grading) are as follows:

Operating procedures;

Technical specification in accordance with radiation safety standards;

Radiation protection and/or radioactive source security apparatus (N.A. for Category C);

Radiation protection and safety program and/or radioactive source security program (N.A. for

Category C);

Radiation safety and/or radioactive source security verification report (N.A. for Category B and C);

Medical checkup result of radiation worker (N.A. for Category C); and/or


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Personnel qualification data:

? Radiation protection officer and other qualified personnel (N.A. for Category C);

? Authorized personnel for ionizing radiation sources (N.A. for Category B); and/or

? Radioactive source security nuclear material officer (N.A. for Category B and C).

For a specific type of Category A, in the case of evaluation of site, construction, commissioning,

operation, and/or enclosure, there are special requirements, such as:

Environmental impact analysis;

facility design in accordance with radiation protection and/or radioactive source security standard;

construction program or technical specification for construction;

commissioning program

quality assurance for construction and/or operation; and/or technical specification for ionizing

radiation sources; and

final condition detail of the facility in the case of enclosure.

Procedure for obtaining a license for Category A is as follows:

the applicant shall send an application documents to BAPETEN;

BAPETEN provides a completeness statement of the documents within three days;

If the documents are complete as required, BAPETEN assess the documents, otherwise they are

returned to the applicant;

The assessment shall be performed within 15 days (12 days for Category B; 10 days for Category C)

since the documents were stated as complete;

BAPETEN issues a license within 7 days (5 days for Category B or C) if the documents assessed as

fulfill all related requirements, otherwise BAPETEN informs the applicant within 5 days after the

assessment;

In the last case, the applicant shall resubmit the revised application documents within 15 days (12 daysfor Category B; 10 days for Category C) after BAPETEN inform the applicant, otherwise the applicant

is considered as withdrawing the application;

Revised application are treated the same with new application.

Noted that time frame and detail requirements would be different for license Category with specialrequirements.


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Government Regulation No.33/2007 on Safety of Ionizing Radiation and Security of Radioactive

Sources. This government regulation (GR) replacing the government regulation no. 63/2000 on theSafety aspect of Radiation Application. Some items are added in the new regulations, such as: Safety

aspect of NORM; Security of radiation sources including transportation

Current regulations do not specify clear actions with respect to orphan sources, but BAPETEN is

implementing an action plan to bring orphan sources under control. BAPETEN made some effort todeal with orphan source and prevent illicit trafficking with some cooperation with other local

authorities, such as Department of Transport, Police and Customs. Especially in the last four years, this

cooperation was materialized with technical seminar and workshops both for managerial and technicalstaff in the fields. BAPETEN considers continuing this cooperation in the future

The SECURITY OF RADIOACTIVE SOURCES PROGRAM includes:

SECURITY PLAN

Description of radioactive sources and its use

Description of the environment, building and/or facility where the source is use or store

location of the building or facility relative to areas accessible to the public

inventory of the sources

MEASURE

In use

Storage

Transport

SECURITY ORGANIZATION

In Indonesia, all of the DSRS are defined as radioactive waste, and if can not be repatriated to the originmanufacturer, must be stored in Radioactive Waste Technology Center (RWTC) - BATAN.

Consequently industries/hospitals must send the DSRS immediately to RWTC-BATAN. Management

of DSRS inside RWTC is well established, i.e., the database is always updated periodically using theMIS developed by BATAN; and conditioning follows the national regulations and international

recommendations. The challenge is on the transportation of DSRS. Indonesia is the biggest archipelago

country in the world, and in consequence, the transportation of DSRS is complicated. By consideringthe weak infrastructure on transportation and also frequent denial of shipment of DSRS in all modes

make every stakeholders (BAPETEN, BATAN, Transportation Ministry and other parties) must work

hard to solve this problems.

For the Import/export of sources:

Importer or Exporter shall have license from Regulatory Authority


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Importer must ensure that recipient has a license from the Regulatory Authority before transfer of

category 1 and 2 radioactive sources.

Prior to the exportation of radioactive sources of Category 1 and 2 the exporter shall ensure that

recipient has license from the Regulatory Body or authorized institution of the destination state

Licensees intending to export Category 1 or 2 radioactive sources shall also notify the regulatory body

of the importing State, and for Category 1 sources receive consent from this Regulatory Body beforeexportation.

Importer or Exporter shall make available a temporary storage facility or radioactive sources that in

accordance with relevant security requirements.

License shall return disused imported radioactive sources to the State of origin.

If such return is not possible, disused sources shall be sent to the Executing Body for storage.

In case of the abnormal condition, loss of control or other security incident during practice or transportof radioactive sources, the licensee shall promptly report to Regulatory Authority and others relevant

competent authority.

License must provide security measures in case of emergency due to malicious act.

The current legislative framework provides the basis for safety and security of radioactive sources,BAPETEN has put the Security of Radioactive Sources in GR No. 33 Year 2007. There are some

important Articles (Chapter V) related to security. On Article 60 until 74 of the GR, it is stated that

categorization, security in Import, Export, Use, Storage and Transport, Responsible of Licensee and alsosecurity measures in case of emergenccy and orphan source. More detail and technical regulation on

security, were put in BCR No.7 Year 2007 on Security of Radioactive Sources (effective on 8 June

2010). In 2008 until now, BAPETEN held workshops on source security to Stakeholders. In cooperationwith the US-DOE (Department of Energy USA), BAPETEN is assisting the users with security

equipments, infrastructure and training to Security Guards.

In order to ensure the safety and security of radioactive sources, BAPETEN uses some procedures, such

as licensing procedure (including notification, registration, exemption and exclusion) and inspectionprocedure (including enforcement). BAPETEN also performs regulatory assessments to improve its

regulatory system. With the application of B@LIS, management procedure of document control and

record is implemented by BAPETEN to ensure that data related to the safety and security of radioactivesources are keep up to date. The data includes source import, use, export, transfer, storage and disposal.

BAPETEN currently develops an electronic information storage system, as a backup for hardcopies.

BAPETEN made some effort to deal with orphan source and prevent illicit trafficking with some

cooperation with other local authorities, such as Department of Transport, Police and Customs.Especially in the last few years, this cooperation was materialized with technical seminar and

workshops in these fields. BAPETEN considers continuing this cooperation in the future.

The current legislative framework provides the basis for safety and security of radioactive sources, but

future revisions will include specific requirements for the security of radioactive sources.


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BAPETEN has established a regulation on the security of sources (GR No 33 (2007) and BCR No 7

(2007)). These regulations has been made public and its compliance is required for licensingapplication.

BCR no. 7 (2007) on Security of radioactive sources effective on 8 June 2010.



Inspection

There is an established inspection program. BAPETEN has set a goal of inspecting all higher risk

facilities such as radiotherapy and brachytherapy sources annually and to inspect other facilities for

example for diagnostic radiology every 3-5 years.

Frequencies of inspection:

Research reactors for radiological safety: 2 times in a year.

Other nuclear installation for radiological safety: Once in a year.

License Category A: Once in a year.

License Category B: Once in 2-3 years.

License Category C: Once in 4-5 years.

BAPETEN conducts announced inspections at licensed facilities. There are inspection procedures and

checklists to be utilized by inspectors during routine inspections and for event follow-up. Inspectionfrequencies have been established based on legally prescribed risk categories; however this

categorization is not based on IAEA criteria.

The RaSIA team concluded that while the planning for inspections appeared to be well-organized, the

guidance to inspectors and the check lists used do not cover all aspects of radiation safety and the

requirements of the existing legal framework.

The RaSIA team also noted that training of some inspectors in radiation measurements andinstrumentation appeared inadequate. Nonetheless, the inspectors training programme has been

established and the inspectors must undergo qualification training.

BAPETEN carries out inspections using staff from different groups/sections. This may give rise to a

potential conflict of interest between different work programmes as well as inconsistencies in approach.In order to avoid conflicts of interest and to ensure the consistencies of inspection results and

coordination among inspectors from different groups, inspectors coordination meetings are regularly

held.

Following inspections, written inspection reports are provided to the licensee within a prescribed timeperiod.


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The geography of Indonesia places particular demands on any inspection programme, and inspections of

facilities in remote places are unlikely to occur.

The inspection and review programme is operational, including the establishment of inspection

procedures and checklists to be utilized by inspectors during routine inspections and for event follow-

up. Inspection frequencies have been established based on legally prescribed risk categories.

Inspector guidance and inspection forms are continuously updated to cover all aspects of radiationsafety and security and satisfy the requirements of the existing legal framework.

General:

By the Nuclear Energy Act, BAPETEN has a right to perform both announce and non-announce

inspection to any facility utilizing nuclear energy in the country, in a normal or in an emergencysituation.

Inspection can be performed regularly for all licensees or prior to the license granted as a method for

verification of licensing data given by the applicant.

Procedure:

In regular inspection, BAPETEN sends a letter to announce the date and program of inspection,including the team of inspectors.

Inspection performed with: opening meeting, audit of documentation, field verification, inspection

report preparation, exit meeting with signature of the inspection sheet by the licensee or applicant.

Inspection sheet contain description of finding(s), regulation and guide violated, and related plan ofactions, both corrective and preventive actions, with the dead line of implementation.

Inspector prepares and signs the inspection (final) report.

In the case of inspection during an emergency situation, BAPETEN inspector monitors the progress

and the plan of actions both for the response and recovery plan. After the emergency situation can bedeclared as terminated and in the case that inspection was performed after the emergency situation can

be declared as closed, BAPETEN make some investigation to comprehend the cause of the event.

BAPETEN may start with the incident report that shall be made by the licensee, if available. Obviously,

the Police have their authority to investigate the accident and declare the site as crime scene. BAPETENinspector then can be asked by the Police to be the expert witness, during the investigation and the trial,

should it goes to the Court of Law.

Reporting system:

Directorate of inspection prepares the cover sheet of inspection report package with the stressing oflegal aspect that the licensee shall aware of. The Directorate sends the package to the licensee and other

interested parties if necessary, such as the employer of the licensee, and the Police in the case of

significant violation and/or engaging Penal provision in the Law.

The inspection and review programme is operational, including the establishment of inspectionprocedures and checklists to be utilized by inspectors during routine inspections and for event follow-


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up. Inspection frequencies have been established based on legally prescribed risk categories; however

this categorization is not based on IAEA criteria.



Enforcement

BAPETEN is empowered to issue sanctions including written notices of violations, or the revocation ofthe licence. There are also monetary penalties/fines. Typically BAPETEN uses successive reminders for

corrective action before resorting to a particular sanction.

Guidance on procedures to be followed with enforcement actions has been formalized. Intensive

collaboration with other enforcement agencies (e.g. Police, Justice) have been established.

Legislation system in Indonesia arranges that the Police have the right to perform law enforcement

regarding all articles in any law with penal provision. BAPETEN has a right to do the administrative

enforcement such as suspending and terminating a license according to any administrative provision.Therefore, BAPETEN inspector, as a government employee, shall report any violation of penal

provision she/he observed to the Police, which then perform their enforcement duties.

Information on infringements is being collected in order to develop a policy on graded responses.

BAPETEN is empowered to issue sanctions including written notices of violations, or the revocation of

the licence. There are also monetary penalties/fines. Typically BAPETEN uses successive reminders forcorrective action before resorting to a particular sanction.

Guidance on procedures to be followed with enforcement actions has been formalized. Intensive

collaboration with other enforcement agencies (e.g. Police, Justice) have been established.

1 - Appraisal criteria is not met and actions are under way to make improvements, but these will notachieve full compliance with the criterion.

Information Management

There is no written policy for the collection of national and international information with a bearing onsafety in authorized practices, or for provision of public information.

However BAPETEN has a website, containing general information as well as downloadable files of all

the Acts, GRs, PDs and BCDs. (http://www.bapeten.go.id).

There is a systematic programme for public information, in accordance with Act No 14 (2008) on

Public Transparency. Hence BAPETEN has to obey the act and its lower regulation; a websitecontaining general information as well as downloadable files of all the Acts, GRs, PRs and BCRs is

available.

The Public may submit a report any incident involving radiation source and radioactive materials [email protected], or inquiring any regulatory information or arrangement via [email protected]. It


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is arranged internally that BAPETEN has to answer any incoming letter or email inquiring the

information ASAP, in three days at maximum.

There is systematic programme for public information. BAPETEN has a website containing general

information as well as downloadable files of all the Acts, GRs, PRs and BCRs.



Quality Management

In May 2005 BAPETEN establishes SIJAMUPATEN (Quality Assurance System for Nuclear

Regulation) as the quality manual. In October 2011 BAPETEN has revised the SIJAMUPATEN with

BAPETENs Management System as a Level-1 document. All directorates have to establish their ownprocedures as the Level-2 documents, especially procedures related to radiation safety and security

which are in the top priorities. Internal Quality Team is scheduled to performed internal audit to these

documents.

Quality management systems for maintaining the effectiveness and efficiency of the regulatory

programme are in place and an action plan has been proposed to develop such a programme.

1 - Appraisal criteria is not met and actions are under way to make improvements, but these will not

achieve full compliance with the criterion.

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