Legal and Compliance Aspects of Electric Vehicle Charging Station Infrastructure

Global warming is a phenomenon characterized by the increase in the average temperature of the atmosphere, primarily caused by the rising emissions of greenhouse gases like carbon dioxide (CO2). These emissions stem from various human activities, particularly the burning of fossil fuels for energy, transportation, and industry. This leads to global temperature increases and significant climate change. Efforts to combat global warming include reducing dependence on fossil fuels, enhancing energy efficiency, and developing environmentally friendly industrial and transportation sectors. Indonesia is participating in efforts to reduce greenhouse gas emissions and respond to global climate change issues in the transportation sector through the implementation of Battery Electric Vehicles (KBLBB).

Regulations Related to Electric Vehicle Charging Stations

Regulations related to Battery Electric Vehicle Charging Stations (KBLBB) are a series of rules established by the government to regulate the establishment, operation, and supervision of providing charging infrastructure for Battery Electric Vehicles (KBLBB). These regulations aim to accelerate the development of Battery Electric Vehicle (KBLBB) infrastructure by providing ease and certainty for business entities to build SPKLU and SPBKLU, as outlined in the Minister of Energy and Mineral Resources Regulation No. 1 of 2023.

As previously mentioned, KBLBB charging infrastructure consists of Public Electric Vehicle Charging Stations (SPKLU), Public Electric Vehicle Battery Exchange Stations (SPBKLU), and Private Electrical Installations. The Minister of Energy and Mineral Resources Regulation No. 1 of 2023 facilitates and ensures certainty for business entities to build SPKLU and SPBKLU by regulating aspects such as charging infrastructure, licensing processes, business schemes, connector types, charging types, mapping of locations and recharging technologies, electricity tariffs, facilitation of incentives, and electrical safety.

Given the various needs such as charging locations and times, charging stations can be categorized based on the charging location, connector type, voltage system used, and charging time. Based on the charging location, charging stations can be divided into private or home locations, which can be used individually by users, and public locations such as malls, hotels, parking lots, toll road rest areas, Public Fuel Stations (SPBU), Gas Fuel Stations (SPBG), and others. Based on charging time, charging stations are divided into slow charging, taking 8 hours, medium charging, taking 2 to 4 hours, fast charging, taking 30 minutes to 1 hour, and ultrafast charging, taking 15 to 30 minutes. Residential, office, mall, parking lot, or other open space locations must have at least one unit of medium charging technology, while arterial road and toll road rest area locations must have at least one unit of fast charging technology, and SPBU must have at least one unit of fast charging or ultrafast charging technology.

Specifically for fast charging or ultrafast charging technology, SPKLU service fees are implemented to provide business certainty and transparency to the public through the Minister of Energy and Mineral Resources Decree No. 182.K/TL.04/MEM.S/2023, which sets service fees for SPKLU using fast charging technology at a maximum of Rp. 25,000 and SPKLU using ultrafast charging technology at a maximum of Rp. 57,000. This means that KBLBB owners may be charged for one-time electric charging at SPKLU fast or ultrafast charging. The implementation of service fees is due to the higher investment required to provide fast charging facilities compared to slow or normal charging. These SPKLU service fees also serve as an incentive for SPKLU business entities to continue developing SPKLU Fast and Ultrafast Charging, making it easier for electric vehicle owners to charge and supporting the development of battery electric vehicles. This service fee amount is evaluated every two years or as needed to assess economic feasibility and reasonableness. Based on these provisions, service fees are not applied to SPKLU with Medium Charging Technology and electric charging technology for two-wheeled or three-wheeled KBLBB.

Based on the voltage system and connector type, charging stations consist of alternating current charging systems using Type 2 connectors, direct current charging systems using AA series configuration connectors, and combined charging systems using FF series configuration connectors.

The specification requirements for batteries for Public Electric Vehicle Battery Exchange Stations (SPBKLU) include facilities containing batteries with a nominal voltage of 48 volts, 60 volts, or 70 volts. The nominal capacity of the batteries must be at least 20 ampere-hours. The choice of voltage and capacity specifications is based on the nominal voltage and capacity minimums in SNI 8928:2020 “Electric Motor Vehicle Battery Systems Category L – Specifications for Removable and Exchangeable Batteries for Electric Motor Vehicles”. Similarly to SPKLU, SPBKLU are provided in various locations to accelerate the KBLBB program, including SPBU, SPBG, central and regional government offices, defense places, and public roadside parking lots.

Public access to information regarding charging stations, including for business entities, is facilitated through an online application system with a Single Gateway Directorate General of Electricity system. This application is useful and helps KBLBB owners and business entities engaged in charging activities for KBLBB by serving as a registration medium for KBLBB owners, providing information on KBLBB charging machine locations and available socket types, providing information on electricity charging tariffs used for KBLBB charging, providing information on the amount of electricity used for each nozzle used for KBLBB charging, and as a transaction reporting medium for KBLBB users, providing information on battery exchange machine locations, and providing information on empty cabins at battery exchange machines for placing batteries to be recharged. SPKLU and SPBKLU Business Entities must have online applications integrated with the Single Gateway Directorate General of Electricity system that contains data such as business entity identities, SPKLU and SPBKLU locations and coordinates, connector types (SPKLU) and battery types (SPBKLU), charging availability information, electricity tariff information, electricity usage and sales kWh, and electricity supply sources.

The Minister of Energy and Mineral Resources Regulation No. 1 of 2023 regulates the business licensing for the provision of electric charging infrastructure for KBLBB. The license for conducting electricity supply business for public interest is called the Electricity Supply Business License (IUPTLU), and there is also a license for conducting electricity supporting service business (IUJPTL). Unlike SPKLU and SPBKLU, Private Electrical Installations do not require business licenses for electricity supply because they are charging facilities for KBLBB for personal use and not for resale. However, they still need to have an Operation Worthiness Certificate (SLO) from the Electrical Power Safety Inspection Institute.

Basically, SPKLU business licensing includes the establishment of business areas across provinces, SPKLU identification numbers, Integrated IUPTLU or Sales IUPTLU, and the approval of the Electricity Supply Business Plan (RUPTL) which is a plan for procuring electricity covering the fields of generation, transmission, distribution, and/or sale of electricity to consumers in a Business Area. While SPBKLU business licensing includes SPBKLU identification numbers and the approval of the establishment of Business Entities from the Ministry of Law and Human Rights. It should be noted that SPKLU is provided by SPKLU Business Entities, which are holders of integrated IUPTLU and sales IUPTLU who have business areas to sell electricity at SPKLU.

The SPKLU business scheme for Integrated IUPTL Holders of Business Areas (TWU) across provinces (LP) as providers can use five schemes, namely:

• Provider, owner, self-operated (POPO)
• Provider, owner, privately operated (POPO)
• Provider, privately owned, and operated (PPOO)
• Provider, lease, self-operated (PLSO)
• Provider, lease, privately operated (PLPO)

The SPKLU business scheme for Sales IUPTLU Holders of Business Areas (PWU) across provinces as retailers buy electricity from other IUPTL holders, both across provinces and non-across provinces, including:

• Retailer, owner, self-operated (ROSO)
• Retailer, owner, privately operated (ROPO)
• Retailer, privately owned and operated (RPOO)
• Retailer, lease, self-operated (RLSO)
• Retailer, lease, privately operated (RLPO)

The SPBKLU business scheme is divided into Battery Provider, Cabinet Owner (BPCO) and Battery Provider, Cabinet Lease (BPCL).

Legal Aspects in Providing Electric Vehicle Infrastructure

Businesses must comply with existing regulations to ensure their legal standing. Electric Vehicle Charging Infrastructure (EV Charging) for Battery Electric Vehicles (BEVs) must adhere to electrical safety standards, including meeting equipment and electrical installation standards, and protecting humans and the environment. Charging stations must obtain an Operation Worthiness Certificate from the Technical Inspection Agency and ensure that products used comply with standards set by Certification Bodies such as BSN and KESDM. These requirements aim to ensure the reliable operation of charging stations, user safety, and support for environmentally friendly principles in electric vehicle usage. Compliance with existing regulations reflects the commitment to the primary goal of implementing Battery Electric Vehicles (BEVs).

Legal Compliance in Electric Vehicle Infrastructure Provision

Businesses must pay attention to existing regulations and their developments due to the dynamic nature of the law, changing with time. Adherence to regulations must be coupled with compliance. Several legal aspects to consider in providing infrastructure include environmental regulations, business permits, and consumer protection.

1. Environmental Regulations The development of electric vehicle infrastructure must comply with stringent environmental regulations. Although electric vehicles are seen as environmentally friendly solutions, supporting infrastructure must also reduce environmental impacts. This includes monitoring and controlling emissions, managing toxic battery waste, and minimizing impacts on habitats and natural resources. Businesses need to ensure that the design and operation of charging stations comply with environmental standards set by law to support environmental sustainability.
2. Consumer Protection Electric vehicle infrastructure must comply with consumer protection standards, which include providing clear and accurate information to users about using charging stations through online applications integrated with the Single Gateway system of the Directorate General of Electricity. This also includes the charging costs. Implementing electricity tariffs for BEV charging ensures that consumers are not exploited or charged unfairly for charging services. This is also done to accelerate the development of the BEV program as a replacement for conventional vehicles. Businesses must ensure that their business practices do not violate consumer rights and comply with applicable legal provisions to protect consumer interests.
3. Permits and Licensing Obtaining permits and licenses is a crucial initial step in developing electric vehicle infrastructure. Complying with permit requirements ensures that the infrastructure operates legally and minimizes legal risks from regulatory violations. Businesses providing EV Charging infrastructure, whether as providers or retailers, must have:
   • Determination of electricity supply business area (WILUS)
   • Ratified electricity supply business plan (RUPTL)
   • Electricity supply business permit for public interest (IUPTLU) – sales
   • Charging station identification number (SPKLU number)

The EV Charging infrastructure provision business process includes four steps:

1. Application and Determination of Business Area A business area is an area designated by the minister where electricity distribution and/or sales businesses conduct electricity supply activities. The administrative requirements for the business area application include a Business Identification Number (NIB) and a list of beneficiaries. The requirements for determining the business area for EV Charging activities include an analysis of electricity supply needs, business conditions, EV Charging business plan, and documentation such as a site map and coordinate points of the planned EV Charging station. The application process is conducted through the Online Single Submission (OSS) system, and the Directorate General of Electricity (Diten Gatrik) verifies the technical requirements within five working days. If complete, the Business Area Determination is issued and becomes effective.
2. Application for RUPTL Ratification The RUPTL is a business plan for electricity supply that includes a letter of application for ratification and the RUPTL document. The document must contain an introduction, electricity sales strategy, business plan, investment needs, and risk analysis. The application process involves submitting the ratification application to the Directorate General of Electricity, which verifies the requirements. If complete, the RUPTL is ratified.
3. Application and Issuance of IUPTLU This application is possible if the business already has an NIB, feasibility study, Business Area Determination, and RUPTL. The process involves submitting the application and completing the basic requirements through the OSS system, followed by verification by the Directorate General of Electricity. If complete, the business fills out a compliance commitment letter.
4. Application for Identification Number The business submits the EV Charging station scheme and location data to the Minister. If complete, within five working days, the Director General issues the Identification Number on behalf of the Minister.

SPBKLU businesses must also have an identification number, and the application process is similar to that for SPKLU.

In conclusion, compliance with legal aspects in providing electric vehicle infrastructure involves adhering to environmental regulations, protecting consumer rights, and obtaining necessary permits and licenses. This ensures the safe, reliable, and lawful operation of EV Charging infrastructure, supporting the growth and sustainability of the electric vehicle ecosystem.

Legal Basis

1. Law No. 30 of 2009 on Electricity
2. Government Regulation No. 14 of 2012 on Electricity Supply Business Activities
3. Government Regulation No. 62 of 2012 on Supporting Electricity Service Business
4. Presidential Regulation No. 55 of 2019 on the Acceleration of Battery Electric Vehicle (BEV) Program for Road Transportation
5. Presidential Regulation No. 97 of 2021 on the Ministry of Energy and Mineral Resources
6. Minister of Energy and Mineral Resources Regulation No. 1 of 2023 on Providing Electric Charging Infrastructure for Battery Electric Vehicles
7. Minister of Energy and Mineral Resources Regulation No. 7 of 2024
8. Minister Regulation No. 11 of 2021 on the Implementation of Electricity Business
9. Minister of Energy and Mineral Resources Regulation No. 5 of 2021 on Standards for Business Activities and Products in the Risk-Based Licensing for the Energy and Mineral Resources Sector
10. Minister of Energy and Mineral Resources Regulation No. 10 of 2021 on Electrical Safety
11. Minister of Energy and Mineral Resources Regulation No. 11 of 2021 on the Implementation of Electricity Business
12. Minister of Energy and Mineral Resources Regulation No. 12 of 2021 on Classification, Qualification, Accreditation, and Certification of Supporting Electricity Service Businesses

Key Points

The provision of Battery Electric Vehicles (BEVs) as a primary strategy to reduce greenhouse gas emissions showcases Indonesia’s progressive steps towards promoting sustainable mobility. Government support through regulations such as Presidential Regulation No. 55 of 2019 and Minister of Energy and Mineral Resources Regulation No. 1 of 2023 demonstrates a strong commitment to accelerating the development of electric vehicle charging infrastructure. These regulations not only govern the provision of infrastructure but also set compliance standards that businesses must adhere to in their operations.

The legal aspects, including business licensing for Public Electric Vehicle Charging Stations (SPKLU) and Public Electric Vehicle Battery Exchange Stations (SPBKLU), underscore the importance of regulatory compliance to minimize legal risks. This step ensures the safety and reliability of services for electric vehicle users and establishes a strong foundation for the growth of the electric vehicle industry in Indonesia.

Through close synergy between the government, industry, and society, Indonesia is not only accelerating the transition to sustainable mobility but also making a positive contribution to mitigating global climate change. The strict enforcement of laws in the provision of electric vehicle infrastructure is not just an obligation but a strategic step to build a good reputation and support global goals to effectively and sustainably reduce the impacts of global warming.