Circular Letter of the Head of BAPETEN Number 0375 of 2026 Establishes Nuclear Energy Licensing Standards for Non-Business Actors

Introduction

On February 26, 2026, the Nuclear Energy Regulatory Agency (Badan Pengawas Tenaga Nuklir, "BAPETEN") issued a Circular Letter of the Head of the Nuclear Energy Regulatory Agency Number 0375 of 2026 on Nuclear Licensing Services for Non-Business Actors ("BAPETEN Circular Letter 0375/2026"). BAPETEN Circular Letter 0375/2026 aims to ensure that the nuclear licensing process for non-business actors remains simple, straightforward, and efficient, consistent with good governance principles and fairness throughout the process.

BAPETEN Circular Letter 0375/2026 follows up on the provisions of Article 17 paragraph (1) of Law Number 10 of 1997 on Nuclear Energy, which mandates that any utilization of nuclear energy must obtain a license to ensure safety, security, and safeguards. In addition to affirming that Government Regulation Number 29 of 2008 and Government Regulation Number 2 of 2014 remain in effect and continue to serve as the licensing basis for non-business actors, BAPETEN Circular Letter 0375/2026 applies risk-based licensing standards in line with Government Regulation Number 28 of 2025 and Regulation of the Nuclear Energy Regulatory Agency Number 5 of 2025, on the basis that the risk level of nuclear energy utilization activities does not differ between business actors and non-business actors.

Key Provisions

Scope of Facilities and Activities

As stipulated in Letter C, BAPETEN determines that the implementation of nuclear licensing for non-business actors encompasses the following facilities and/or activities:

1. Utilization of Ionizing Radiation Sources;

2. Nuclear Installations and Nuclear Materials;

3. Mining of Nuclear Mineral Materials; and

4. Nuclear Sector Support.

Substitution of the Business Identification Number Requirement

As set forth in Letter E number 2 letter a, BAPETEN stipulates that non-business actors are not required to include a Business Identification Number (Nomor Induk Berusaha, “NIB”) in their nuclear licensing applications. In substitution, non-business actors must attach documents evidencing their legal entity status or equivalent documents.

Obligation to Fulfill Cross-Sectoral Basic Requirements

As set forth in Letter E number 2 letters b and c, BAPETEN stipulates that non-business actors must continue to fulfill the basic licensing requirements issued by other competent authorities. These requirements include:

1. Approval of Conformity of Space Utilization Activities (Persetujuan Kesesuaian Kegiatan Pemanfaatan Ruang, “PKKPR”);

2. Environmental Approval (Persetujuan Lingkungan, “PL”); and/or

3. Building Approval (Persetujuan Bangunan Gedung, “PBG”) and Certificate of Feasibility of Function (Sertifikat Laik Fungsi, “SLF”); and

4. Administrative requirements established by other competent authorities (e.g., hospital operational licenses).

Exemption for Irrelevant Requirements

BAPETEN exempts other requirements deemed irrelevant for non-business actors in the nuclear licensing process. This provision limits the application of requirements to those relevant to the characteristics of non-business actors, as stipulated in Letter E number 2 letter d.

Imposition of Non-Tax State Revenue Tariffs

BAPETEN continues to impose nuclear licensing tariffs and fees on non-business actors in accordance with the Non-Tax State Revenue (Penerimaan Negara Bukan Pajak, “PNBP”) provisions applicable at BAPETEN. These provisions refer to Government Regulation Number 42 of 2022 on the Types and Tariffs of Non-Tax State Revenues Applicable at the Nuclear Energy Regulatory Agency and Regulation of the Minister of Finance Number 137/PMK.02/2021 on the Types and Tariffs of Volatile and Urgent Non-Tax State Revenues at the Nuclear Energy Regulatory Agency, as stipulated in Letter E number 3.

Registration Obligation and Use of the Balis System

BAPETEN requires non-business actors that do not yet have an account to register on Balis (BAPETEN Licensing and Inspection System) before submitting a license application. Furthermore, non-business actors must submit applications for new licenses, license amendments, license extensions, and approvals through the Balis system, as set forth in Letter F numbers 1 and 2.

Closing

BAPETEN Circular Letter 0375/2026 establishes that nuclear licensing for non-business actors encompasses the utilization of ionizing radiation sources, nuclear installations and materials, mining of nuclear mineral materials, and nuclear sector support activities, and applies risk-based licensing standards that are equally applicable to business actors. Non-business actors are not required to hold a Business Identification Number but must attach documents evidencing their legal entity status or equivalent documents; they must also continue to fulfill basic requirements from other competent authorities, such as the Approval of Conformity of Space Utilization Activities, Environmental Approval, Building Approval, and Certificate of Feasibility of Function, and pay Non-Tax State Revenue tariffs according to the applicable provisions at BAPETEN. Other requirements deemed irrelevant for non-business actors are exempted, and all submissions for new licenses, license amendments, license extensions, and approvals are processed through Balis. Accordingly, non-business actors should ensure the completeness of required documentation and the fulfillment of cross-sectoral requirements prior to submitting applications to facilitate a smooth licensing process in accordance with applicable provisions.