PUBLIC WORKS MINISTER REGULATION

No

: 72 / PRT / 1997

ABOUT

DAM SAFETY

PUBLIC WORKS MINISTER REGULATION

No

: 72 / PRT / 1997
ABOUT
DAM SAFETY

PUBLIC WORKS MINISTRY

Considering:
a. Dam is an infrastructure with potential of hazard to community and environment so
that it needs special treatment in its handling, start from design preparation,
construction, and management;
b. Based on Law No 11 Year 1974 about Irigation, and Government Regulation No 22
Year 1982 about Water Regulation, the minister that hold a responsibility about
Irigation has an authority and responsibility to coordinate all regulations about
irigation including water infrastructure construction and also other infrastucture in
water resource;
c. As a follow up of Article 15, 16, and 17 in Government Regulation No 35 Year 1991
about River, it is needed to establish the foundation of policy regulation about dam
safety, start from design preparation, construction, and management;
d. In connection with that matter, it is needed to establish Public Works Minister
Regulation about Dam Safety

Remembering:
1.
2.
3.
4.
5.
6.
7.

Law No 11 Year 1974 about Irigation;

Government Regulation No 22 Year 1982 about Water Regulation;
Government Regulation No 35 Year 1991 about River;
Government Regulation No 51 Year 1993 about Environment Impact Analysis;
Presidential Decree No 44 Year 1974 about Department Organization Specifics;
Presidential Decree No 32 Year 1990 about Protected Areas Management;
Presidential Decree No 96/M Year 1993 about Pembangunan VI Cabinet
Establishment;

8. Presidential Decree No 18 Year 1994 about the change of Presidential Decree No 15

Year 1984 about Department Organization Specifics as already change twenty two
times with Presidential Decree No 14 Year 1994.

DECIDE:
Assigned: PUBLIC WORKS MINISTER REGULATION ABOUT DAM SAFETY

CHAPER 1
GENERAL REQUIREMENTS
First Part
Definition

Article 1

In this Minister Regulation, the definition is as follow:

1. Minister is Public Works Minister;
2. Dam Owner is government instantion, corporation, charities, or individual that
responsible for dam construction and management;
3. Dam Manager is the Dam Owner, or other parties representing the Dam Owner that
responsible for dam supervision, exploitation, and management based on Dam Owner
decision
4. Free Expert Panel is a expert team or individual expert that have no attachment with
the Dam Owner and have a responsibility of giving opinion and advice about certain
dam safety;
5. Engineering dam expert is indivual or team that recognized as experts and have
experience in dam field and give planning service and or dam construction
supervision;
6. Dam is every water-retaining infrastructure whether artificial, levelling type, or other
type that hold water or can hold water, including foundation, hill/cliff pedestal, also

complement infrastructure and its equipments, that in this definition is including dam
excavation waste, but not including weirs and dykes;
7. Complement infrastructure and its equipments is infrastructure or its components and
facility that functionally has a connection with dam, among others are spillway
building, expenses building, the main tapping building and conduit, water gate and
power plant facility that are part of dam, including dam equipment;
8. Reservoir is a place that can hold water whether naturally or artificially because dam
is being made;
9. Dam rehabilitation is an action to improve a broken dam, worsen, or not safety, to
make sure the safety of structure condition and or operational;
10. Dam extension is every changes made to dam that can increase or has a possibility to
improve the area or elevate the dam until maximum or increase the high of
surveillance
11. Dam function deletion is to stop using the dam forever, by empty the dam and let the
river create natural flow with or without unload the dam and erase from dam register
12. Emergency plan is a guidance to show the emergency action that must be taken in
hazard-prone areas to hazard if dam downfall and or the water discharge that excess
the river capacity;
13. Design report is a report prepared by engineering dam expert that consist of design
including the drawing and infrastructure specification for a new dam, extension work,
or dam existing rehabilitation complement with licensing required document;
14. Hazard classification of the dam is the hazard rank of dam taht based on residential
density and development rate in downstream that get influence by flooding if the dam
downfall happened;
15. Inspection is detail examination of

the dam and its complement infrastructure,

whether in above oir below water surface, that will be done at least one time in 5
(five) years, depends on the clasification hazard of the dam;
16. Periodic checking is a checking that will be dong one time in 1 (one) year, to the dam,
complement infrastructure and its equipment to check the dam behavior;
17. Extraordinary checking is a checking that will be done after extraordinary event
occur, for example big flood, earthquake, and sabotage.

Second Part
Purpose and Objectives

Article 2
(1) Dam safety regulation has a purpose to realize olderly development and dam using so
that the dam has proper technical design and construction, safe in management, so can
prevent or at least decrease the risk of dam infrastructure failure
(2) Dam safety regulation as state in Article (1) has a purpose of continuity of dam
function and give dam safety assurance and protecy the community and property in
influence region by hazard dam potential.

Third Part
Scope

Article 3
(1) Scope of safety dam regulation is a regulation toward development activity,
management, rehabilitation, extension, and dam function abolition due to dam safety
aspect
(2) Dam as state in Article (1) is the dam with following criteria:
a. Dam with its height reach 15 m or more, measured from the deepest valley floor
and with its capacity at least 100.000 m cubic; or
b. Dam with its height reach less than 15 m, measured from the deepest valley floor
and with its capacity at least 500.000 m cubic; or
c. Water-retaining building outside the criteria as state in item a and or b as assigned
by Dam Safety Commission
(3) Surveillance area for dam safety also cover the reservoir area and green belt area.

CHAPTER II
ORGANIZATION
First Part
Organization Manager

Article 4

(1) In implementing dam safety activity, Minister will be assisted by dam safety
organization with composition as below:
a. Dam Safety Commission
b. Dam Safety Unit
(2) Dam Safety Commission has a function of giving recommendation and advice to
Minister in organize the coordination of handling activitity that related with dam
safety and responsible to Miniter.
(3) Dam Safety Unit ia a work unit of Public Works Department in dam sefety division,
that technically operation below Director General of Irrigation, and functionally give
support to Dam Safety Commission.

Second Part
Dam Safety Commission

Article 5
Dam Safety Commission has a function:
a. Give recommendation to Minister in order to give approval about regulation and
implementation of development, management, rehabilitation, extension, and abolition
of dam function, related with dam safety.
b. Evaluate the result activity of Dam Safety Unit in order to make a recommendation to
Minister
c. Prepare the report of accountability task to Minister

Article 6
(1) Membership of Dam Safety Commission consist of:
a. Head and also a member
b. Member
c. Secretary but not a member
(2) Head of Dam Safety Commission is General Director of Irrigation
(3) Member of Dam Safety Commission is representation form government instantion
and State-owned Enterprise with the status of dam owner, representation from
association profession in dam dividion and related government instantion, approved
by Minister.

(4) Secretary of Dam Safety Commission is functionally chaired by Head of Dam Safety
Unit

Third Part
Dam Safety Unit

Article 7

Dam Safety Unit has a function:

a. Assessment of development, management, rehabilitation, extension, and abolition of
dam function
b. Collection and management of dam data
c. Inspection of dam behaviour from dam safety aspect

Article 8
In doing the duty and responsibility as state in Article 4 verse (3) and Article 7, Dam Safety
Unit can have a direct connection with Dam Owner, and other related party.

Article 9
Further regulation about organization and working procedure of Dam Safety Unit will be
determined by a separate decision.

CHAPTER III
FREE EXPERT PANEL

Article 10

(1) In case it needed to make technical consideration about dam safety especially that
have a connection with:
a) New technology implementation; or
b) The height of the dam from the deepest valley floor at least 75 m with a capacity
at least 100.000.000 m3; or
c) High hazard Dam Classification
It can be appointed Free Panel Expert in phase of design, constrcution, and damfilling.
(2) Free Expert Panel as state in verse (1), is appointed by Dam Owner based on request
of Dam Safety Unit with approval of Dam Safety Commission.
(3) The cost occured from appointment of Free Expert Panel is responsibility of Dam
Owner.

CHAPER IV
DEVELOPMENT

First Part
Licensing of Dam Development

Article 11
Dam development must get the licence as the following:
a) Licence of using Water Resource and its location in accordance with Public Works
Minister Regulation.
b) Approval of Environmental Impact Assessment in accordance with Public Works
Minister Regulation.
c) Approval that related with dam saefty as regulated in this Minister Regulation.

Second Part
Design

Article 12
(1) Dam design must comply with technical requirements and conditions assigned by the
Minister.
(2) Design preparation of the dam can only be done if the Dam Owner employ the
Engineering dam expert.
(3) Dam design must get approval first from Minister
(4) Dam Safety Unit musy do the study of dam design report as an evaluation material of
Dam Safety Commission to formulate the recommendation to the Minister
(5) Design Agreement will be issued by Minister at the latest of 6 (six) months after the
application is accepted from Dam Owner
(6) If in 6 (six) months, the Design Agreeement is not given yet, the Dam Owner can
assume of getting the agreement, except if the design is not proper yet.
(7) Dam Owner has to review the design before the development and report the result to
Dam Safety Unit
(8) The cost occured from study of the design as state in verse (4) is the responsibility of
Dam Owner.

Third Part
Construction Implementation and Dam-Filling Planning

Article 13
(1) The Dam Owner have to do the construction in accordance with the technical
requirement and construction provision as approved by the Minister
(2) In construction implementation, the Dam Owner have to supervise by employ the
engineer dam expert.
(3) Dam Safety Unit must do periodic check to do sthe study of construction
implementation.
(4) In each design changes that can lead to structure modification, must be consulted to
Dam Safety first before the implementation.
(5) Dam Owner in dam-filling in case the requirement is fulfilled for filling and must get
approval from the Minister
(6) Dam Safety Unit must do the study of construction implementation document, damfilling planning and initial plan of operational and maintencance guidance and
Emergency Action Plan as evaluation material of Dam Safety Commission in making
recommendation to the Minister

(7) Dam-filling Agreement will be issued by Minister at the latest of 3 (three) months
after the application is accepted from Dam Owner.
(8) If in 3 (three) months, the Dam-filling Agreeement is not given yet, the Dam Owner
can assume of getting the agreement, except if the dam is not proper yet to be
fulfilled.
(9) The cost occured from study of the construction implementation and dam-filling
planning as state in verse (6) is the responsibility of Dam Owner.

Fourth Part
Filling Implementation and Dam Operational Planning

Article 14
(1) Dam-filling implementation must comply with technical requirements and conditions
assigned by the Minister.
(2) In implement the dam-filling, the Dam Owner must employ Engineering Dam Expert
to evaluate the dam behavioir during the filling
(3) Dam Safety Unit must do periodic check to study the dam-filling implementation
(4) At the latest of 2 (two) years from Dam-filling Agreement, the Engineering Dam
Expert have not state that the dam behaviour is safe, the Dam Owner have to give
explanation in writing to Dam Safety Commission through Dam Safety Unit which
state the reason for review of filling agreement.
(5) Dam Owner can operate the dam, if the dam is filled until normal water level, dam
behaviour is safe and must get the approval first from the Minister
(6) Dam Safety Unit must do study of dam-filling planning document that consist of
review result and instrument evaluation, dam behaviour and complet report of dam
development, and final plan of operational and maintenance guidance and alsi the
explanation and data needed for as evaluation material for Dam Safety Commission in
writing a recommendation to Minister
(7) Operational Agreement will be issued at the latest of 3 (three) months after the
apllication from Dam Owner is accepted.
(8) If in 3 (three) months, the Operational Agreement have not given yet, the Dam Owner
can operate the dam, except for the dam is not ready to be operated yet.
(9) The cost occured from the study activity of filling implementation and operational
planning as stated in verse (6) is the responsibility of Dam Owner.

CHAPTER V
MANAGEMENT

First Chapter
Monitoring and Evaluation

Article 15
(1) Dam Owner must do dam monitoring in accordance with operational and maintenance
guidance that has been approved before from the Minister
(2) The dam Owner has obligation:
(a) Collect and archive document and data of dam in accordance with applicable
regulation
(b) Conduct, install, and maintain the related instrument with dam safety
(c) Note and evaluate periodically the related data with dam safety as determined by
Engineering Dam Expert or defined time period in inspection report, hereinafter
report to Dam Safety Unit
(d) Arrange the dam to always in supervision of responsible entity that supervise the
dam behaviour
(e) Do normal periodically checking and extraordinary checking by the responsbile
entity as stated in letter (d) less than 1 (one) year) and the Dam Owner must report
the inspection report to Dam Safety Unit.
(3) The cost occured from the supervision and evaluation activity is the responsibility of
Dam Owner.

Article 16
In case the Dam Owner give the dam management to Dam Manager so towards the Dam
Manager has to follow the regulation in this Minister Regulation

Second Part

Dam Inspection

Article 17
(1) The dam inspection Implementation done by Dam Safety Unit less than 5 (five) years
or approved by Dam Safety Commission.
(2) The Initial Inspection to the dam based on the result of development, extension, or
rehabilitation, is the first inspection done at the latest of 2 (two) years after the
operational agreement is given.
(3) With agreement from Dam Safety Commission, Dam Safety Unit can ask the Dam
Owner to appoint the Engineering Dam Expert to do the inspection
(4) The Engineering Dam Expert, as stated in verse (3) is not fixed expert or part time
expert of Dam Owner, and not Engineering Dam Expert that responsible fro the
design or supervision of related dam construction
(5) Dam Safety Unit or Engineering Dam Expert as stated in verse (3) must prepare the
inspection report to the Dam Owner the longest in time in 6 (six) months start from
the date inspection, that consist of advice about the step that must be taken by the
Dam Owner for the safety and about the next inspection.
(6) The result of inspection as stated in verse (5) must be reported to Dam Safety
Commission by Dam Safety Unit to get the approval
(7) If asked by the Dam Owner, with the agreement of Dam Safety Commission, The
Dam Safety Unit must do dam inspection
(8) The Dam Owner have to take safety action soon in accordance with the advice in
inspection report as stated in verse (6) which the implementation must be under
Engineering Dam Expert supervision.
(9) The cost occured by the dam inspection activity is the responsibility of Dam Owner.

Third Part
Emergency Measure

Article 18
(1) In condition that might influence the dam safety and or water output that excess the
river capacity that can be classified as emergency situation, and need emergency

action to protect the community and property, so the Dam Owner can do the action
according to Emergency Action Plan.
(2) The guidance of Emergency Action Plan is arranged in a separate decision.
(3) The cost occured by Emergency Action Plan is the responsibility of Dam Owner.

CHAPTER VI
REHABILITATION, EXTENSION, AND FUNCTION ABOLITION

First Part
Rehabilitation

Article 19
(1) The Dam Owner has to do rehabilitation, as needed for safety action as stated in
Article 17 verse (8).
(2) Design for dam rehabilitation must be consulted to Dam Safety Unit.
(3) Design for dam rehabilitation that cause the change and or basic structure repairment
has to get the approval first from the Minister.
(4) The implementation or rehabilitation as stated in verse (3), is followed the regulation
as stated in Article 12, 13, and 14.

Second Part
Extension

Article 20
The Dam Owner who will do the dam extension, must follow the regulation as stated in
Article 12, 13, and 14.

Third Part

Dam Function Abolition

Article 21
(1) The abolition of dam function must comply the regulation/rule about water and water
resource management in related river area and technical regulation of abolition of dam
function as assigned by the Minister.
(2) In condition of the dam is never used again or can not be functioned and the Dam
Owner intends to remove the obligation of dam management, so the Dam Owner must
do abolition of dam function.
(3) The Dam Safety Unit have a right to ask the Dam Owner to do the abolition of dam
function, if the dam is not fulfilled the safety requirement in its management.
(4) The Dam Owner must make the abolition function design that done by Engineering
Dam Expert that will be consulted to Safety Dam Unit before the implementation of
physically modification.
(5) The termination of dam management must get the approval of dam function abolition
from the Minister
(6) Dam Safety Unit must do field study and the result of dam last condition as a
evaluation material of Dam Safety Commission in writing the recommendation to the
Minister
(7) The cost occured by the study of dam fuction abolition as stated in verse (6) is the
responsibility of Dam Owner.

CHAPTER VII
DAM INFRASTRUCTURE FAILURE

Article 22
(1) Dam infrastructure failure is condition of dam collapse or can not be functioned partly
or in a whole and or the complement infrastructure as a result of design fault and or
development implementation fault and or dam management that cause loss to
community and environment.
(2) In infrastructure failure as stated in verse (1), the Dam Owner is responsible according
to applicable law.

(3) In event of dam infrastructure failure cause by planning fault and or contruction
supervision fault, planner and or construction supervisor obligate to take
responsibility according to its profession and according to applicable law.
(4) In event of dam infrastructure failure cause by construction implementation fault, the
contractor obligate to take responsibility according to its profession and according to
applicable law.
(5) In event of dam infrastructure failure cause by dam management fault, the manager
obligate to take responsibility according to its profession and according to applicable
law.

Article 23
(1) In event of dam infrastructure failure, Dam Safety Unit will do field research to
collect the data needed to review the cause of dam technical fault.
(2) All parties that have connection with dam infrastructure failure problem as state in
verse (1), obligate to give data and information needed to Dam Safety Unit.

CHAPTER VIII
ADMINISTRATION SANCTION

Article 24
(1) Dam Owner and or Dam Manager who break the regulation as stated in Article 12, 13,
14, 15, 16, 17, 18, 19, and 20 in this Minister Regulation will get administration
sanction as stated in Article 27, 28, and 29 of Minister Regulation No 22 Year 1982
about Water Regulation.
(2) The administration sanction as stated in verse (1) will be imposed gradually as the
following:
a) Written warning three times in a row within a reasonable lapse of time.
b) Temporary suspension of activities
c) Revocation of permits that have been issued by the minister, related with dam
safety, and dam development.
(3) In real condition which endanger the community and environment, with the
recommendation of Dam Safety Commission, administration sanction will be given
differently from the phase stated in verse (2)

Article 25
Besides administration sanction as stated in Article 24, to failure to regulation as stated in this
Minister Regulation which contains elements of criminal will be given criminal sanction as
stated in Law No 11 Year 1974 about Water and apllicable law.

CHAPTER IX
TRANSITIONAL REGULATION

Article 26
With the publication of this Minister Regulation, all the regulation related with dam safety is
still applicable, as long as not contradictory with this Minister Regulation.

Article 27
(1) For existing dams, the activity related with dam management has to follow this
Minister Regulation.
(2) For dam whose its development still under going, must follow this Ministies
Regulation.

CHAPTER X
CLOSING CONDITIONS

Article 28
(1) This Minister Regulation shall take effect on the date set
(2) Things that have not regulated in this Minister Regulation will be assigned with other
decision.
(3) This Minister Regulaton will be spreaded to related parties to be known and
implemented.

ASSIGNED

: IN JAKARTA

DATE

: 1th Juli 1997

MINISTRY OF PUBLIC WORKDS

[SIGNED]

RADINAL MOOCHTAR