THE MINISTER OF MINES AND ENERGY OF
REPUBLIC OF INDONESIA
THE DIRECTORATE GENERAL OF OIL AND GAS
DECREE OF THE DIRECTOR GENERAL OF OIL AND GAS
NO.: 108.K / 075 / DJM / 1998
ON
THE PROCEDURES FOR DATA SUBMISSION, MANAGEMENT AND PUBLICATION OF OIL AND GAS
GENERAL SURVEY, EXPLORATION AND EXPLOITATION THE DIRECTOR GENERAL OF OIL AND
GAS,
|
Considering: |
1. that in the framework to support
the smoothness of mining activities of oil and gas, the Government has
stipulated data acquisition, management and publication of the oil and gas
General Survey, Exploration and Exploitation; 2. that in the context of the above
matter and as stipulated on Article 21 of the Decree of the Minister of Mines
and Energy No. 1815.K/702/M.PE/1997 dated 10 October 1997, it is deemed
necessary to determine Procedures on the Data submission, management and
publication of oil and gas General Survey, Exploration and Exploitation in a
decree of the Director General of Oil and Gas; |
Considering:
In view of:
1. Law No. 44 of 1960 (State Bulletin
No. 133 of 1960, State Bulletin Supplement No. 2070);
2. Law No. 8 of 1971 (State Bulletin
No. 76 of 1971, State Bulletin Supplement No.2971);
3. Mijn Politie Reglement of 1930 (Stb. 1930, No.
341);
4. Government Regulation No. 17 of
1974 (State Bulletin No. 20 of 1974, State Bulletin Supplement No. 3031);
5. Government Regulation No. 35 of
1994 (State Bulletin No. 64 of 1994 , State Bulletin Supplement No. 3571);
6. Presidential Decree No. 374/M of
1995 dated 23 November 1995;
7. Regulation of the Minister of Mines
and Energy No. 02.P/075/M.PE/1992 dated 18 February 1992;
8. Decree of the Minister of Mines and
Energy No. 1815.K/702/M.PE/1997 dated 10 October 1997
DECIDED:
To establish:
DECREE OF THE DIRECTOR GENERAL OF OIL AND GAS ON THE DATA
SUBMISSION,
MANAGEMENT AND PUBLICATION OF OIL AND GAS GENERAL SURVEY,
EXPLORATION AND EXPLOITATION
CHAPTER I
GENERAL STIPULATIONS
Article 1
In this Decree:
1. Ministerial Decree means the Decree
of the Minister of Mines and Energy No. 1815.K/702/M.PE/1997 on the Data
acquisition, management and publication of oil and gas General Survey,
Exploration and Exploitation in a decree of the Director General of Oil and
Gas;
2. Data, General Survey, Exploration,
Exploitation, The Mining Concession Area, Working Area, Pertamina,
Contractor, Director General, and Directorate General have same meaning as on
Article 1 of the Ministerial Decree;
3. Active Data means Data obtained by Pertamina or Contractor from Exploration and Exploitation
on a Mining Concession Area or Working Area, which are still being used to
support its activities;
4. The Statutory Mining Territory of
Indonesia means the whole
5. Open Area means The Statutory
Mining Territory of Indonesia which has not been assigned as a Mining
Concession Area or Working Area;
6. Integrated Data Management means
activities encompassing Data storage, processing, arrangement, and utilization,
in a system with specified standard to enable easy access and increase benefit
value of Data;
7. Access means activities that
includes see or take Data from a Data management system electronically and or
with other common ways;
8. Data Publication means giving
license to use Data by Government to Data user, with an obligation not to
transfer or sell the license to third party;
9. Production Sharing Contract means
cooperation between Pertamina and Contractor to carry
out Oil and Gas Exploration and Exploitation with production sharing scheme;
10. Agreement means agreement between
11. Interest means right and obligation
of Contractor related to a Production Sharing Contract;
12. Operator means Production Sharing
Contract operator;
13. Director means Exploration and
Production Director of Directorate General of Oil and Gas;
14. Directorate means Exploration and
Production Directorate of Directorate General of Oil and Gas.
CHAPTER II
DATA SUBMISSION PROCEDURES
Article 2
Pertamina and Contractor shall be obliged to
submit all Data originating from the Mining Concession Area or Working Area
under their control, physically to the Director General c.q.
the Director.
Article 3
1. Data submission shall be carried
out using format and storage media specified in Exhibit 1 of this Decree.
2. Data submission by Pertamina or Contractor shall be done with a Minute of Data
Submission.
3. Pertamina and Contractor shall be
responsible for the cost of Data submission to the site as specified by the
Director.
Article 4
1. The business entity that cooperates
with the Directorate General in establishing General Survey,
shall be obliged to submit General Data obtained from related General Survey to
the Director General c.q. the Director, at the latest
3 months after the completion of the data acquisition.
2. The business entity that cooperates
with the Directorate General in establishing General Survey, shall submit Basic
Data obtained from related General Survey physically to the Director General c.q. the Director, on the completion of the related
cooperation agreement.
3. The Director General may ask Copy
of Data obtained from the General Survey for the interest of the Directorate
General prior to the Data submission as referred in paragraph (2).
4. The business entity that
establishes General Survey shall be responsible for the cost of Data submission
as referred to in paragraph (2) to the site specified by the Director.
CHAPTER III
DATA MANAGEMENT, FORMAT, STORAGE MEDIA AND ACQUISITION
Article 5
1. Integrated Data Management at the
national level will be established by the Directorat
General or a business entity so appointed by and in cooperation with the
Director General as an executing agency for and on behalf of the Directorate
General, encompassing the activities such as:
1. Storage and provision of physical
data and establishment of database
2. Data processing including remastering, copying and other processing
3. Data arrangement using standard
catalogue
4. Data utilization to support
Exploration and Exploitation activities
1. The business entity as referred to
in paragraph (1) shall undertake the Integrated Data Management in professional
and efficient manner
2. The business entity as referred to
in paragraph (1) may cooperate with other parties in the form of technology
provision, technical assistant, or operational
cooperation upon prior notification to the Director General.
Article 6
1. The Integrated Data Management of
data originating from Open Area is exclusively done by the Directorate General
or the business entity cooperating with the Director General as executing agent
for and on behalf of the Directorate General.
2. The business entity referred to in
paragraph (1) shall undertake the service of provision of Data originating from
Open Area to support opening new Working Area, and Open Data provision services
in general.
3. All cost and financial risk arising
from the Data management of data originating from Open Area by the business
entity referred to in paragraph (1), shall be the responsibility of the said
business entity.
Article 7
1. Management of Active Data
originating from Mining Concession Area or originating from Working Area shall
be undertaken by Pertamina, Contractor, and the
Directorate General, and shall be carried out professionally and efficiently.
2. Active Data management by Pertamina or Contractor as referred to in paragraph (1)
shall be established in an Integrated Data Management system and shall
interactively link to the Integrated Data Management system of the Directorate
General, minimum at catalogue and General Data Access level.
3. All cost arising from the
management of Active Data as referred to in paragraph (2) shall be borne by Pertamina or Contractor.
Article 8
1. Data storage shall be done using
format and storage media specified in Exhibit 1 of this Decree.
2. Data storage shall meet storage
requirement specified in Exhibit 2, Exhibit 3, and Exhibit 4 of this Decree.
3. Pertamina and Contractor shall store copies
of Data in the warehouse located in
4. Data storage by Pertamina
and Contractor as referred to in paragraph (3) and Data storage by the Director
General of those submitted Data as referred to in Article 2, is part of Data
disaster recovery system.
Article 9
1. Before storing rock samples (cores)
must be cut in slabs and separated between those to be used for operational
purposes by Pertamina or Contractor and those to be
submitted to the Director General.
2. Core sample storage shall be made
by giving them covers which maintain the purity of the core sample conditions
at its original conditions
3. The part of core sample used for
operational purposes shall leave a minimum amount.
Article 10
Storage of Data in form of solid goods such as core samples acquired
from drilling wells (including bore cutting, core samples, side core) or
surface outcrops, shall be marked by the locations of its sampling and their
depths (for samples taken from wells).
Article 11
Data arrangement shall be done using standard catalogue as specified
in Exhibit 5 of this Decree.
Article 12
1. The establishment and use of a new
corporate database in the framework of an Integrated Data Management shall use Petrotechnical Open Software Corporation (POSC) standard.
2. The establishment and use of a
project database by Pertamina and Contractor can be
done using format in accordance to used technology and applications.
Article 13
The establishment and use of database by Pertamina
and Contractor under the framework of implementation of an Integrated
Data Management of Active Data may be carried out under a variety of choices,
as follows:
1. to build a complete database
encompassing corporate database and project database under the coordination and
supervision of the Director, and providing interactive link facility to the
database of the Directorate General or the business entity so appointed by the
Director General, at least link to the catalogue and General Data presentation
system, or
2. to build a Project database under
the coordination and supervision of the Director, while the corporate database
shall be provided by the Directorate General, or
3. using the database of the Directorate
General as their need level, minimum the catalogue and General Data
presentation system.
Contractors whose Production Sharing Contracts were signed after the
enactment of the Ministerial Decree shall use the database of the Directorate
General at their need level, minimum the catalogue and General Data
presentation system.
Article 14
1. For operational sake, Pertamina or Contractor may appoint third parties being a
Data processing and Data storage firm.
2. The status of third parties
appointed by Pertamina or Contractor as referred to
in paragraph (1) shall be as service firms that having the obligation and the
responsibility of the confidentiality, originality, security and ownership of
the Data shall remain with the Government and they shall not have the right to
do Data Publication over all the Data being managed by them.
Article 15
Data processing in terms of re-mastering shall comply with quality
control standards as specified in Exhibit 6 of this Decree.
Article 16
1. Data utilization by Pertamina or Contractor shall be made for operational
purposes of their Mining Concession Area(s) or Working Area(s).
2. In the implementation of Data
utilization, Pertamina and Contractor may choose
method and technology of processing, analysis and interpretation as needed.
3. Interest holders in the Production
Sharing Contract over a Working Area may use Active Data of the said Working
Area as long as for operational needs of the Working Area and they have the
status as the interest holders
Article 17
1. For the purpose of transfer of part
or whole of Interests, a Contractor may provide a Data Access opportunity for a
specific period of time to an aspiring Interest holder for Active Data
which are still confidential for a certain amount and types
of Data upon prior approval of the Director General.
2. Such granting of Data Access as
referred to in paragraph (1) shall not influence the confidentiality status of
the Active Data until the expiration of its confidentiality term.
3. Interest holder may present Active
Data as referred to in paragraph (1) to an aspiring Interest holder.
4. Aspiring Interest holders that need
Data as referred to in paragraph (3) shall access the Data at the Directorate
General or the business entity so appointed by the Director General as Data
management executing agency.
5. An Interest Holder transferring all
its interests shall be obliged to return all the Active Data acquired during
its period of time as Interest holder to the Production Sharing Contract
Operator and the said Operator shall report the implementation hereof to the
Director.
Article 18
1. The use of Active Data and any Data
in general, whether for scientific purposes or for any other purpose by Pertamina, Contractor or any other party other than to
support Exploration and Exploitation purposes, shall have prior approval from
the Director General.
2. Application for approval shall be
submitted by the applicant prior to accessing the Data as referred to in
paragraph (1), providing descriptions on the purpose, objective and place where
the usage of the Data will be carried out.
Article 19
1. For the sake of Data utilization, Pertamina and Contractor may exchange Active Data which status are still confidential with other Contractors in
2. Application for approval shall be
submitted by Pertamina and Contractor prior to the
Data exchange as referred to in paragraph (1), providing descriptions on the
type of Data to be exchanged, purpose and objective of exchange and entities
who exchange the Data.
3. Confidential Active Data which be
exchanged by Pertamina or Contractor as referred to
in paragraph (1), remain confidential during the period stipulated in the
Ministerial Decree according the type of the said Data.
4. Parties who exchange Data, as
referred to in paragraph (1), who receive the exchanged Data from
5. Exchanged Data from other country
received by Pertamina or Contractor are belong to the
Government and shall be submitted to the Director General in the relinquishment
or termination of the Mining Concession Area or Working Area.
6. The Director General or business
entity appointed by the Director General may carry out the management and
publication of the exchanged Data received from the other country party as
referred to in paragraph (1), as long as in accordance to laws or not be
stipulated by any laws of the country where the Data are acquired.
Article 20
1. Pertamina or Contractor may acquire
Exploration Data in Open Area adjacent to a Mining Concession Area or Working
Area to support Exploration activities in its Mining Concession Area or Working
Area upon prior approval of the Director General c.q.
Director.
2. Application for approval shall be
submitted by Pertamina and Contractor prior to the
Data acquisition as referred to in paragraph (1), providing descriptions on the
purpose, objective and location where the Data acquisition will take place.
3. The Director General c.q. Director may give refusal or approval based on
technical consideration or other Government interest.
4. General Data, Basic Data, Processed
Data and Interpretive Data those acquired in part of Open Area, directly have
Open Data status and shall be submitted to the Director General as stipulated
in the Ministerial Decree.
5. Pertamina or Contractor as referred to in
paragraph (1) may utilize those Data as referred to in paragraph (4) as long as
it holds the concession of the said Mining Concession Area or Working Area.
Article 21
1. Pertamina may carry out Exploration Data
Acquisition in Working Area adjacent to its Mining Concession Area.
2. Contractor may carry out
Exploration Data Acquisition in Mining Concession Area or Working Area adjacent
to its Working Area.
3. Pertamina or Contractor who intend to carry
out Exploration Data acquisition as referred to in paragraph (1) and paragraph
(2) shall apply approval to operator of petroleum activity area where the Data
acquisition will be carried out and shall report to the Director General prior
to the Data Acquisition activities.
4. Petroleum activity operator of the
Mining Concession Area or Working Area where the Data acquired as referred to
in paragraph (3) may utilize the said Data.
5. The acquired Data shall be subject
to Data confidentiality laws and shall be submitted by Pertamina
or Contractor who acquire the Data as stipulated in
the Ministerial Decree.
Article 22
1. Exploration Data acquisition
activities in neighboring countrys petroleum open
area or Working Area adjacent to the Statutory Mining Territory of Indonesia,
may be carried out by Pertamina or Contractor who
operates oil and gas mining activities adjacent to the area where the Data
acquisition will take place.
2. Prior to Exploration Data
acquisition activities as referred to in paragraph (1), Pertamina
and Contractor shall apply for approval to the Director General, providing
descriptions on the purpose, objective and location where the Data acquisition
will take place.
3. The acquired Exploration Data are subject
to Data confidentiality law of the country where the Data are acquired or if
not stipulated by the country the Data are subject to the Indonesian Data
confidentiality law.
4. Pertamina and Contractor who acquire the
Exploration Data as referred to in paragraph (1) shall submit the Data as
stipulated by laws.
5. Exploration Data as referred to in
paragraph (1) that are acquired by Pertamina or
Contractor are belong to Government and shall be submitted to the Director
General on the termination of the said Mining Concession Area or Working Area.
6. The Director General or business
entity appointed by the Director General may carry out the management and
publication of the acquired Exploration Data as referred to in paragraph (1),
as long as in accordance to laws or not be stipulated by any laws of the
country where the Data are acquired.
Article 23
1. General Survey activities are
exclusively carried out by the Directorate General or business entity under
cooperation agreement with the Director General that established by the
Director.
2. Prior to implementing the General
Survey the business entity as referred to in paragraph (1) shall present the
working plan to the Director General c.q. the Director.
3. Business entity that implement
cooperation in General Survey with the Director General, establish Data
Management of the General Survey Data under its possession professionally for
and on behalf of the Director General during the period of the agreement.
4. Business entity
that implement cooperation agreement as referred to in paragraph (1)
shall be liable to all cost and financial risk arising from the implementation
of the agreement.
CHAPTER IV
DATA PUBLICATION
Article 24
1. Data Publication shall only be made
by the Directorate General or the business that cooperate with the Director
General as executing agency for and on behalf of the Directorate
General, under the provision that in the implementation it will keep that the
ownership of the Data shall remain with the Government.
2. Data Publication which include the activity of Data Access shall be implemented
professionally taking into account the Data confidentiality and preservation
and efforts to encourage oil and gas Exploration and Exploitation activities in
3. Data Publication may be made in
Article 25
1. Data Publication shall only be made
of Open Data including Active Data which have had the status of Open Data.
2. The Director General, on the basis
of conservation considerations shall reserve the right to prohibit Data
Publication pursuant to the type of Data, in the event that the said action
will cause the said Data used up.
Article 26
All Data Publication made by the business entity appointed by the
Director General to a third party shall be made under a Data Usage Agreement
which shall contain the prohibition of duplicating the said data for selling
the license purpose or transferring the utilization to any other party
CHAPTER V
DATA TYPES
Article 27
Further specifications regarding the types of General Data, Basic
Data, Processed Data and Interpretive Data shall be further stipulated pursuant
to Appendix 7 of this Decree.
CHAPTER VI
OTHER STIPULATIONS
Article 28
1. The Data originating from a zone of
cooperation between Indonesia and neighboring country that adjacent to The
Statutory Mining Territory of Indonesia are owned by the Government which the
management and publication are carried out by the Director General or business
entity appointed by the Director General.
2. The Data publication as referred to
in paragraph (1) is only carried out for Open Data that have followed Data
confidentiality regulation in the agreement of the zone of cooperation.
CHAPTER VII
TRANSITION STIPULATION AND CONCLUSION
Article 29
1. Data submission by Pertamina or Contractor for the Data those acquired prior
to the enactment of the Ministerial Decree may be done physically as referred
to in Article 2 or electronically.
2. Data submission as referred to in
paragraph (1) shall be carried out for General Data, navigation data (digital
or base map), survey reports (digital or hardcopy), study reports (digital or
hardcopy), well logs (digital and hardcopy), well reports (digital or
hardcopy), post stack seismic data (digital and hardcopy), and production data
(digital or hardcopy).
3. Submission of Data those acquired
prior to the enactment of the Ministerial Decree that are not listed in
paragraph (2) shall be carried out in the relinquishment of the Working Area,
or at the latest 5 years after the enactment of the Ministerial Decree.
4. The Director General may access to
any Data that has not been submitted as referred to in paragraph (3).
5. Data submission by Pertamina or Contractor for the Data those acquired after
the enactment of the Ministerial Decree is implemented with the stipulation as
referred to in Article 2.
Article 30
1. The Basic Data those are acquired
prior to the enactment of the Ministerial Decree become Open Data 4 years and 3
months after the acquisition of those Data.
2. The Processed Data those are
obtained prior to the enactment of the Ministerial Decree become Open Data 6
years and 3 months after the existence of those Data.
3. The Interpretive Data those are
obtained prior to the enactment of the Ministerial Decree become Open Data 8
years and 3 months after the existence of those Data.
Article 31
1. Pertamina shall be obliged to submit all
Data originating from areas that are Open Area, Active Data that have been
submitted by Contractors to Pertamina, and General
Survey Data as referred to in Article 32, which are still under its possession,
to the Director General c.q. Director.
2. Contractor shall be obliged to
submit all data under its possession, including digital data and samples, which
originating from Exploration and Exploitation activities in part of its Working
Area that has been relinquished, to the Director general.
Article 32
Operator of General Survey whose cooperation agreement with Pertamina has been expired shall submit be obliged to all
related General Survey Data that has been under it possession to the Director
General.
Article 33
Data submission as referred to in Article 31 and Article 32 may be
done in current format and storage media provided that the Data shall be in
usable condition.
Article 34
1. Data storage by Pertamina
or Contractor of Data those acquired prior to the enactment of the Ministerial Decree, may be implemented not using specified media and
format as referred in Article 8 paragraph (1) until those Data are re-mastered.
2. The implementation of re-mastering
as referred in paragraph (1) shall use output format and media specified in
Exhibit 1 of this Decree.
Article 35
1. Contractor who has been using a corporate
database system that is not in accordance to specified standard as referred to
in Article 12 paragraph (1), may continue using the said system.
2. If Contractor intend
to replace the current corporate database system as referred to in paragraph
(1), the new system shall be compliant to the specified standard as referred to
in Article 12 paragraph (1).
Article 36
This Decree of the Director General becomes effective on the date of
its establishment.
Established in
On October 27th , 1998
The Director General of Oil and Gas
(signed)
Soepraptono Soeleiman