| Full title | Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 3 Tahun 2026 tentang Sertifikasi Kelapa Sawit Berkelanjutan Indonesia terhadap Usaha Bioenergi Kelapa Sawit |
|---|---|
| Citation | Permen ESDM 3/2026 |
| Jurisdiction | Indonesia |
| Enacted by | Minister of Energy and Mineral Resources |
| Signed | 13 January 2026 |
| Promulgated | 21 January 2026 |
| Effective | 21 January 2026 |
| Certification obligation from | 20 March 2027 |
| Implements | Perpres 16/2025 |
Peraturan Menteri Energi dan Sumber Daya Mineral 3/2026 (Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 3 Tahun 2026 tentang Sertifikasi Kelapa Sawit Berkelanjutan Indonesia terhadap Usaha Bioenergi Kelapa Sawit) is an Indonesian ministerial regulation that extends Indonesian Sustainable Palm Oil (ISPO) certification to businesses producing biofuel, biomass or biogas from palm oil. It was signed by the Minister of Energy and Mineral Resources, Bahlil Lahadalia, on 13 January 2026 and took effect on its promulgation on 21 January 2026.[1][2] It implements four provisions of Peraturan Presiden 16/2025 on the ISPO certification system, and belongs to the energy rules surveyed at mining and energy regulation in Indonesia.[3]
The regulation obliges every palm oil bioenergy company to obtain ISPO certification from an accredited certification body, against three principles: legal compliance, traceability of raw materials and continuous improvement of the business. Certificates are valid for five years and are subject to periodic surveillance, appeal and complaint procedures, and transfer between certification bodies.[4][5][6] The obligation to be certified applies from 20 March 2027.[7]
The Minister supervises implementation and may impose administrative sanctions, from written warnings through fines to temporary suspension of the business, on companies that fail to certify, renew, report or maintain compliance.[8] CRPG's regulatory tracker published three analyses of the regulation between April and July 2026.[9][10][11]
The preamble cites Pasal 3 ayat (4) huruf c, Pasal 5 ayat (3) huruf c, Pasal 13 huruf c and Pasal 14 ayat (3) huruf c of Perpres 16/2025 on the ISPO certification system as requiring a regulation of the Minister of Energy and Mineral Resources on the certification of palm oil bioenergy businesses. Its legal bases include the Energy Law, UU 30/2007, the State Ministries Law as amended in 2024 and Perpres 169/2024 on the ministry.[3:1]
Pasal 1 defines ISPO as a system of palm oil plantation businesses, downstream palm oil industries and palm oil bioenergy businesses that is socially, economically and environmentally viable under the law. A palm oil bioenergy business (Usaha Bioenergi Kelapa Sawit) is one that produces palm-based biofuel (bahan bakar nabati), biomass or biogas, and a bioenergy company is an individual or business entity established in Indonesia that produces them. Certification is carried out by an ISPO certification body (Lembaga Sertifikasi ISPO, LS ISPO), an independent conformity assessment body, and the certification bodies are accredited by the National Accreditation Committee (Komite Akreditasi Nasional, KAN).[12]
Pasal 2 makes certification mandatory for bioenergy companies and sets three principles. The criterion for legal compliance is holding a business licence for biofuel, biomass or biogas; the standards for the biofuel and biogas licences are set in Permen ESDM 7/2026. The criterion for traceability is a system for tracing raw materials, covering their origin and a supply chain model. The criterion for continuous improvement covers economic, social and environmental aspects.[4:1]
Two supply chain models are available at the company's choice. Segregation applies where all raw material is ISPO-certified and every processing facility handles only certified material; mass balance applies where certified material makes up from 10 per cent to less than 100 per cent of the input.[4:2] The annex breaks the principles into indicators and parameters, each verified by document review, interview and observation. Among them are an annual productivity calculation and a net energy balance for the bioenergy produced, a wage policy, corporate social responsibility plans and reports, an occupational safety and health system, and an environmental approval under the rules on environmental approval (an AMDAL or UKL-UPL) with records of environmental management and monitoring reported to the authorities.[13][14]
A company applies to an LS ISPO accredited by KAN for the palm oil bioenergy scope, attaching its business licence and an ISPO certificate for oil palm plantation, or, failing that, one for the downstream palm oil industry. The body checks the application within three working days and, if it is complete, carries out certification under an agreement with the company, which bears the cost.[15] The audit, comprising an administrative and a field assessment, must be completed within three months of the agreement. A company that falls short has three months to make corrections, after which the application is cancelled if it still fails; otherwise the body decides to grant or refuse the certificate.[16]
The certificate states the company's name and address, the plant's location with geolocation and its capacity, the registration number, the certification body and its accreditation number, the dates of issue and expiry, the supply chain model, the KAN and ISPO logos and a QR code confirming registration of the KAN accreditation symbol. It is valid for five years, and a company must apply for recertification at least one year before it expires.[17][5:1] A certified company may display the ISPO logo at its plant or on product packaging. The body publishes the certificate within five working days of issue, and the company must report it to the Minister within the same period.[18]
The issuing body conducts surveillance (penilikan) within twelve months of issue and then at intervals of no more than two years, each within one month. Where it finds non-conformity, the company has three months to correct it, failing which the certificate is revoked and the company must report the revocation to the Minister within five working days.[6:1] Certificates may be amended for a change of name, address, plant location, capacity or supply chain model.[19]
A company dissatisfied with a decision may appeal to the certification body, and the company or an affected community may complain about the issue or operation of a certificate; the body must decide either within 30 calendar days, publish the result, and report to KAN, with copies to the Minister and the ISPO Committee. The certificate remains valid while an appeal or complaint is pending.[20] A certificate may be transferred to another certification body at the holder's request after one certification cycle, or must be transferred within 60 days when the issuing body's accreditation ends or is revoked; the new certificate runs for the remaining term.[21] Applications and publications are made through the ISPO information system, or outside it while it is not yet available.[22]
The Minister supervises implementation through consultation and information for guidance and through monitoring and evaluation for supervision.[8:1] Pasal 34 imposes administrative sanctions on a company that fails to certify, to apply for recertification, to report its certificate, to maintain the principles and criteria, or to report a revocation or amendment. Up to three written warnings of 30 calendar days each are followed by an administrative fine under the ministry's rules on non-tax state revenue. A company that neither complies nor pays is temporarily suspended where the Minister issued its licence, or proposed for suspension to the governor who issued it; where no rules on the fine yet exist, suspension follows the warnings directly. The suspension is lifted once the company complies and pays.[8:2] Pasal 35 defers the certification obligation to 20 March 2027, and Pasal 36 brings the regulation into force on promulgation.[7:1]
K107 · Work URI /akn/id/act/permen-esdm/2026/3 · RegVault PERMENESDM_3_2026[P] Permen ESDM 3/2026, closing formula (Ditetapkan di Jakarta pada tanggal 13 Januari 2026, signed by Bahlil Lahadalia). The promulgation date and Berita Negara number are not legible in the held text. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM No. 3 Tahun 2026, JDIH BPK: enacted 13 January 2026, promulgated and in force 21 January 2026, Berita Negara 2026 No. 46. https://peraturan.bpk.go.id/Details/350242/permen-esdm-no-3-tahun-2026 ↩︎
[P] Permen ESDM 3/2026, preamble, Menimbang and Mengingat angka 1 to 6. regulation_id PERMENESDM_3_2026. ↩︎ ↩︎
[P] Permen ESDM 3/2026, Pasal 2 and Pasal 3. regulation_id PERMENESDM_3_2026. ↩︎ ↩︎ ↩︎
[P] Permen ESDM 3/2026, Pasal 14. regulation_id PERMENESDM_3_2026. ↩︎ ↩︎
[P] Permen ESDM 3/2026, Pasal 24 and Pasal 25. regulation_id PERMENESDM_3_2026. ↩︎ ↩︎
[P] Permen ESDM 3/2026, Pasal 35 and Pasal 36. regulation_id PERMENESDM_3_2026. ↩︎ ↩︎
[P] Permen ESDM 3/2026, Pasal 32 to Pasal 34. regulation_id PERMENESDM_3_2026. ↩︎ ↩︎ ↩︎
[E] "ISPO Certification Framework for Palm Oil Bioenergy: PERMEN 3/2026", CRPG regulatory tracker, crpg.id, 10 April 2026. https://crpg.id/what-are-the-key-requirements-under-permen-3-2026-for-sustainable-palm-oil-bioenergy-certification/ (free sign-in required on crpg.id) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎
[E] "ISPO Certification for Palm Oil Bioenergy Producers: PERMENESDM 3/2026", CRPG regulatory tracker, crpg.id, 28 April 2026. https://crpg.id/what-are-the-key-requirements-under-permenesdm-3-2026-for-sustainable-palm-oil-bioenergy-certification/ (free sign-in required on crpg.id) The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎
[E] "ISPO Certification for Palm Oil Bioenergy: PERMENESDM 3/2026", CRPG regulatory tracker, crpg.id, 4 July 2026. https://crpg.id/ispo-certification-for-palm-oil-bioenergy-permenesdm-3-2026/ The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎
[P] Permen ESDM 3/2026, Pasal 1 angka 1 to 5 and 8. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 4. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Lampiran (Indikator dan Parameter Pemenuhan Prinsip dan Kriteria), principles 1 to 3. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 5 to Pasal 8. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 9 to Pasal 12. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 13. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 15 to Pasal 18. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 26. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 19 to Pasal 23. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 27 to Pasal 30. regulation_id PERMENESDM_3_2026. ↩︎
[P] Permen ESDM 3/2026, Pasal 31. regulation_id PERMENESDM_3_2026. ↩︎