| Full title | Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 5 Tahun 2026 tentang Pemberian Tunjangan Kinerja Pegawai di Lingkungan Kementerian Energi dan Sumber Daya Mineral |
|---|---|
| Citation | Permen ESDM 5/2026; BN 2026 No. 147 |
| Jurisdiction | Indonesia |
| Enacted by | Minister of Energy and Mineral Resources |
| Signed | 24 February 2026 |
| Promulgated | 2 March 2026 |
| Effective | 2 March 2026 |
| Implements | Perpres 94/2018 |
| Replaces | Permen ESDM 44/2018, as amended in 2019 and 2021 |
Peraturan Menteri Energi dan Sumber Daya Mineral 5/2026 (Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 5 Tahun 2026 tentang Pemberian Tunjangan Kinerja Pegawai di Lingkungan Kementerian Energi dan Sumber Daya Mineral) is an Indonesian ministerial regulation on the performance allowance (tunjangan kinerja) paid to employees of the Ministry of Energy and Mineral Resources. It was signed by the Minister of Energy and Mineral Resources on 24 February 2026 and promulgated, and took effect, on 2 March 2026.[1][2] It implements Pasal 10 of Peraturan Presiden 94/2018 on the ministry's performance allowance, and replaces Permen ESDM 44/2018 and its two amendments.[3][4] It belongs to the ministry's internal personnel law, an area of public administration in Indonesia, and covers the staff of the ministry whose sectoral work is described at mining and energy regulation in Indonesia.
The regulation grants the allowance monthly according to each employee's job class, and calculates it from three weighted inputs: the performance of the organisational unit (20 per cent), the employee's own performance (40 per cent) and attendance (40 per cent).[5][6][7] It then sets graded deductions for poor organisational or individual performance ratings, for absence and late arrival, for disciplinary penalties and for the extension of study leave.[8][9][10]
The regulation also fixes the allowance of the Minister and Deputy Minister as a percentage of the highest allowance in the ministry, lists the employees who receive no allowance, and sets rules for acting officials, probationary staff, payment and the transition from the old rules.[11][12][13][14][15] CRPG's regulatory tracker reported the regulation in July 2026.[16]
The preamble states that the regulation was issued to improve organisational and employee performance, and because Permen ESDM 44/2018 on the performance allowance, as last amended by Permen ESDM 4/2021, no longer fitted legal developments and the needs of the organisation.[3:1] Its legal basis includes the state finance and state treasury laws (UU 17/2003 and UU 1/2004); the ministries law, UU 39/2008, as amended by UU 61/2024; the civil service law, UU 20/2023; Peraturan Presiden 94/2018 on the performance allowance of the ministry's employees; and Peraturan Presiden 169/2024 on the ministry.[3:2]
Pasal 1 defines an employee (Pegawai) as an ASN employee, that is a civil servant (PNS) or a government employee under a work agreement (PPPK), or another employee appointed with the approval of the minister for state apparatus, who holds a post and works full time in an organisational unit of the ministry, including the Secretariat General of the National Energy Council. The performance allowance is defined as an allowance given in central government agencies for the results of bureaucratic reform, and the job class (kelas jabatan) as the rank of a post used as the basis for pay.[17]
Employees receive the allowance every month, in addition to their other income.[5:1] The Minister receives 150 per cent, and the Deputy Minister 135 per cent, of the highest allowance in the ministry.[11:1] No allowance is paid to an employee without a specific post, one temporarily dismissed or suspended, one removed from an organic post on waiting pay, one on unpaid leave or pre-retirement leave, or one in a public service agency (badan layanan umum) that already pays remuneration; an employee suspended because of detention by law enforcement loses the allowance from the following month until reinstatement.[12:1][18]
The allowance follows the job class. Probationary civil servants and PPPK with less than one year of service receive 80 per cent of the amount for their class.[6:1] An employee acting in a post at the same level receives an extra 20 per cent of the allowance for that post, and one acting one level up receives the difference between the two allowances.[13:1] An employee holding both a functional and a managerial post receives one allowance, and one receiving a professional allowance is paid the difference between that and the performance allowance.[19] An employee released from a post for training of more than six months or for study leave receives the allowance of the executor (pelaksana) job class in full.[20] After a promotion or transfer that changes the job class, the new amount applies from the following month.[21]
Under Pasal 11 the allowance is calculated from organisational performance with a weight of 20 per cent, employee performance with a weight of 40 per cent, and attendance in line with the ministry's working days and hours with a weight of 40 per cent.[7:1] Organisational performance is evidenced by the rating of the unit in the most recent annual performance report submitted to the ministry responsible for state apparatus reform, entered by the head of the unit in the performance management information system; employee performance is evidenced by a monthly performance report submitted by each employee through the same system. Technical guidance on both assessments, and the details of working days and hours, are left to decisions of the Minister.[22]
Deductions are graded. A unit rated "needs improvement", "poor" or "very poor" costs its employees 10, 20 or 100 per cent of the organisational component, and an employee rated "needs improvement", "poor" or "very poor" for the month loses 10, 20 or 30 per cent of the individual component, rising to 100 per cent for an employee who submits no monthly report.[8:1] Each day of unexcused absence, or a day with no attendance record or only one, costs 3 per cent of the attendance component; late arrival costs 0.5, 1 or 2 per cent a day depending on whether it is up to 60 minutes, 61 to 120 minutes, or longer, and a weekly shortfall in working hours is deducted on the same scale. A full month of unapproved absence removes the whole attendance component.[8:2]
Disciplinary penalties reduce the whole allowance for a set period: 10 per cent for one to three months for a light penalty; for a civil servant, 20 per cent for three, six or nine months for a moderate penalty, and 40 or 50 per cent for twelve months, or 100 per cent on dismissal, for a heavy penalty. Deductions for PPPK follow the ministry's rules on their discipline, and disciplinary deductions are calculated before the others.[9:1] An extension of study leave costs 25 per cent a month until the employee returns to work, and total deductions are capped at the whole monthly allowance.[10:1][23]
The allowance for a month is paid at the beginning of the following month, net of deductions, by the budget user of each work unit; the December allowance follows the rules for the end of the budget year, with its deductions calculated in January.[14:1] Payment rests on data from the staffing and performance management information systems.[24] The internal compliance unit of each organisational unit monitors and evaluates the payment, and its results may be used by the government internal audit apparatus.[25]
Deductions already running when the regulation took effect continue to their end; disciplinary cases not yet decided follow the new rules; employees already on an extension of study leave without release from routine duties are not subject to deduction until it ends; and acting officials appointed earlier keep the additional allowance under the old rules until their appointment ends.[15:1] Pasal 25 revokes Permen ESDM 44/2018 and its amendments of 2019 and 2021. The new calculation and deduction rules apply to payments from the month following promulgation, and the regulation took effect on promulgation.[4:1][1:1]
K108 · Work URI /akn/id/act/permen-esdm/2026/5 · RegVault PERMENESDM_5_2026[P] Permen ESDM 5/2026, Pasal 27 and closing formula (Ditetapkan di Jakarta pada tanggal 24 Februari 2026); the promulgation date and Berita Negara number are blank in the held text. regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM No. 5 Tahun 2026, JDIH BPK: enacted 24 February 2026, promulgated and in force 2 March 2026, Berita Negara 2026 No. 147. https://peraturan.bpk.go.id/Details/350258/permen-esdm-no-5-tahun-2026 ↩︎
[P] Permen ESDM 5/2026, preamble, Menimbang huruf a to c and Mengingat angka 2 to 8. regulation_id PERMENESDM_5_2026. ↩︎ ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 25 (revoking Permen ESDM 44/2018, Berita Negara 2018 No. 1431; Permen ESDM 4/2019, Berita Negara 2019 No. 720; and Permen ESDM 4/2021, Berita Negara 2021 No. 412) and Pasal 26. regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 2. regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 6 ayat (1) to (3). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 11 ayat (1) and (2). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 15, Pasal 16 and Pasal 17 ayat (1) and (2). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 18 ayat (1) to (7). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 19 ayat (1) to (3). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 3 ayat (1) to (3). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 4 huruf a to e. regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 7 ayat (1). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 21 ayat (1) to (5). regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[P] Permen ESDM 5/2026, Pasal 24 huruf a to d. regulation_id PERMENESDM_5_2026. ↩︎ ↩︎
[E] "Performance Allowance Rules for Energy Ministry Staff: PERMENESDM 5/2026", CRPG regulatory tracker, crpg.id, 3 July 2026. https://crpg.id/performance-allowance-rules-for-energy-ministry-staff-permenesdm-5-2026/ (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. ↩︎
[P] Permen ESDM 5/2026, Pasal 1 angka 1 to 8. regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 5 ayat (1) and (2). regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 8 ayat (1) to (3). regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 9. regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 10. regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 12 ayat (1) to (5), Pasal 13 ayat (1) to (4) and Pasal 14 ayat (1) and (2). regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 20. regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 22. regulation_id PERMENESDM_5_2026. ↩︎
[P] Permen ESDM 5/2026, Pasal 23. regulation_id PERMENESDM_5_2026. ↩︎