Review of regulatory control of transport of radioactive material based on government regulation (GR) No. 26 year 2002 and its amendments

GR No. 26 Year 2002 on Safety Transport of Radioactive Material have been enacted about 12 years. GR is the legal basis in controlling the transport of radioactive material performing through licensing, inspection and enforcement. Until now, discussion has been doing five times for harmonization amendments in the Ministry of Justice and Human Rights. The main points of this paper is Article 6, paragraph (1) GR No. 26 Year 2002 which establishes ″the transport of radioactive substances can only be done if the consignor and consignee of radioactive material have a license of utilization of nuclear energy from Regulatory Body″ and Article 55 paragraph (1) a draft final is amendments which establishes ″the consignor and the consignee before carrying out the transport required to have a license of utilization of sources of ionizing radiation″. It was concluded that these provisions can not be applied carefully, especially for the consignor, unless the radioactive material will be managed to be a radioactive waste. Even for the consignee itself also can not be applied depending on the type of absolute transport activities. Also provisions governing administrative sanctions violations set forth in Article 34 - Article 35 of Regulation 26 Year 2002 and Article 82 - Article 85 amendments can not be applied. (author)