Jakarta – Executive Director of the Center for Energy and Mining Law Studies (Pushep), Bisman Bachtiar, believes that the power wheeling scheme should not be included in the New Energy and Renewable Energy Bill (EBET Bill). According to him, this scheme contradicts the 1945 Constitution (UUD) and the discussion process is considered less transparent.
“There are several things in the EBET Bill that risk harming the state and society because it contradicts Article 33 Paragraph (2) of the 1945 Constitution,” said Bisman Bachtiar, on Tuesday, August 6.
He said that the Article highlights that branches of production that are important to the state and concern the lives of many people must be controlled by the state. In Bisman’s view, the electricity sector is one of the important branches of production and should remain under state control.
He added that the Constitutional Court (MK) has reinforced this by rejecting the power wheeling clause in Law No. 20/2002 because it is considered contrary to the 1945 Constitution.
“Law No. 20 is considered to have reduced the meaning of being controlled by the state for important branches of production that control the lives of many people as referred to in Article 33 Paragraph 2 of the 1945 Constitution,” he explained.
Bisman emphasised that the electricity business must remain controlled by the state, starting from management, and regulation, to supervision. In addition, he highlighted the importance of state principles in the discussion of the EBET Bill. The DPR and the government must ensure that the principles of transparency, openness, democracy, and public participation are carried out properly.
“The process of forming the EBET Law must be carried out with public exposure, receiving input, and discussions that are opened. Not done behind closed doors in hotels. The drafting of the EBET Bill is not transparent,” he said.
The lack of transparency in the drafting process of the EBET Bill, according to Bisman, paved the way for the inclusion of power-wheeling schemes that could lead to privatisation, competition, and electricity liberalisation. He reiterated that power wheeling cannot be applied in the EBET Bill.
“The arrangement of power wheeling in the EBET Bill is an entry point to return to the unbundling business system which will lead to privatization, competition, and liberalization of electricity,” said Bisman.
Thus, Bisman urged the government and the House of Representatives to be more careful in drafting the EBET Bill and ensure that all provisions regulated do not conflict with the Constitution and continue to safeguard national interests. (Hartatik)
