This article was machine-drafted from the sources cited in its footnotes. It is not the official text of any law or court decision, and it is not legal advice (how articles are written).
Peraturan Menteri Energi dan Sumber Daya Mineral 9/2026Regulation
Full titlePeraturan Menteri Energi dan Sumber Daya Mineral Nomor 9 Tahun 2026 tentang Kode Etik dan Kode Perilaku Pegawai Kementerian Energi dan Sumber Daya Mineral
CitationPermen ESDM 9/2026; BN 2026 No. 417
JurisdictionIndonesia
Enacted byMinister of Energy and Mineral Resources
Signed17 June 2026
Promulgated23 June 2026
Effective23 June 2026
ReplacesPermen ESDM 13/2011

Peraturan Menteri Energi dan Sumber Daya Mineral 9/2026 (Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 9 Tahun 2026 tentang Kode Etik dan Kode Perilaku Pegawai Kementerian Energi dan Sumber Daya Mineral) is an Indonesian ministerial regulation that sets the code of ethics and code of conduct for employees of the Ministry of Energy and Mineral Resources and the procedure for enforcing it. It was signed by the Minister of Energy and Mineral Resources on 17 June 2026 and promulgated, and took effect, on 23 June 2026, replacing the ministry's 2011 code of ethics for civil servants.[1][2][3] It is part of the internal personnel law of the ministry, an area of public administration in Indonesia, and applies across the energy bodies attached to the ministry described at mining and energy regulation in Indonesia.

The code is organised around the seven basic values of the state civil apparatus (Aparatur Sipil Negara, ASN), each of which is translated into required attitudes and conduct. Its rules range from public service and the avoidance of conflicts of interest to bullying, sexual harassment, social media use, visible tattoos and displays of a lavish lifestyle.[4][5][6][7]

Heads of the ministry's organisational units must take preventive measures, and enforcement rests with an ad hoc ethics council chaired by the Inspector General. Complaints and findings pass through a preliminary examination by an inspectorate and a closed hearing, which may recommend a moral sanction or disciplinary action; its decisions are final.[8][9][10][11] CRPG's regulatory tracker reported the regulation in July 2026.[12]

Background

The preamble states that the regulation was issued to strengthen the working culture and give effect to the basic values of the ASN in the work of the ministry's employees, and that Permen ESDM 13/2011 on the code of ethics for the ministry's civil servants no longer fitted legal developments and the needs of the organisation.[13] Its legal basis includes the civil service law, UU 20/2023; the ministries law, UU 39/2008, as amended by UU 61/2024; government regulations on the corps spirit and code of ethics of civil servants (PP 42/2004), civil service management (PP 11/2017, as amended by PP 17/2020), contract government employees (PP 49/2018) and civil servant discipline (PP 94/2021); and Peraturan Presiden 169/2024 on the ministry.[13:1]

Scope and definitions

Pasal 1 defines a ministry employee (Pegawai Kementerian) as an ASN or other employee appointed by decision of the competent official to a post and working full time in an organisational unit of the ministry. The definition expressly includes the Secretariat General of the National Energy Council, the regulator for fuel supply and gas pipeline transport (BPH Migas) and the Aceh Oil and Gas Management Agency (BPMA).[14] A violation (Pelanggaran) is any speech, writing or act of an employee contrary to the code. The same article defines the reporter (Pelapor), the employee under examination (Terperiksa), witnesses, experts, a complaint (Pengaduan) as a report accompanied by evidence, and a finding (Temuan) as data or information obtained from supervision or monitoring. It also defines the Ministry's Code of Ethics and Conduct Council (Majelis Kode Etik dan Kode Perilaku Kementerian) as an ad hoc team for enforcement, and the internal compliance unit (Unit Kepatuhan Internal).[14:1] Under Pasal 2, every employee's attitude, action and behaviour must rest on the ASN basic values and on the code.[15]

Values and required conduct

Pasal 3 lists the seven basic values: service orientation, accountability, competence, harmony, loyalty, adaptiveness and collaboration.[4:1] Chapter III takes each value in two steps, a short statement of its content followed by a list of the attitudes, behaviour and acts in which it is expressed.[4:2]

Under accountability, employees must avoid manipulating data, reports or information that could mislead the public, avoid conflicts of personal or group interest, keep data and information confidential, and seek the permission of the head of their organisational unit before travelling abroad for personal purposes.[5:1] Under harmony, they must treat others fairly without regard to race, religion, origin, sex, marital status, age or disability, avoid jokes or comments that are ethnically or religiously demeaning, discriminatory or intimidating, and must not engage in bullying or in sexual harassment or violence, whether verbal, non-verbal, written, digital or social, inside or outside the workplace.[6:1]

The provisions under loyalty include allegiance to Pancasila, the 1945 Constitution, the unitary state and the government, obedience to the law and to the oath of office, and a set of personal rules. Employees must not wear piercings, except in the earlobe for women or for religious reasons; must not have tattoos on exposed parts of the body; must use social media wisely; must not display a hedonistic lifestyle (flexing), as a matter of empathy towards colleagues and the public; and must not enter places regarded as ethically or morally improper, such as prostitution or gambling venues, unless on assignment. They must also protect confidential ministry data and help prevent cybercrime, and superiors must not force work outside an employee's duties on subordinates.[7:1] The values of adaptiveness and collaboration require employees, among other things, to update their knowledge, to be proactive towards violations, to keep innovation within the law, and to keep commitments made under cooperation agreements.[16][17]

Prevention and sanctions

Pasal 19 obliges the head of each organisational unit to prevent violations, through dissemination and education, compliance monitoring, the identification and mitigation of ethical risks including conflicts of interest, coordination with the Inspectorate General, and follow-up of the council's decisions. The internal compliance unit carries out these measures functionally.[8:1]

Pasal 20 prohibits violations of the conduct rules in Pasal 5 to 18. A violation attracts a moral sanction, an administrative action, or both. The moral sanction is an oral or written apology, made either in closed session before the head of the unit or once, openly, at an official meeting; the administrative action is a recommendation by the council that a disciplinary penalty be imposed under the civil service discipline rules. An employee who violates the code more than once is subject to a disciplinary penalty under those rules, and one who fails to make the apology ordered may be given one.[18]

Enforcement procedure

The Minister establishes the council and is its patron (pembina), with the Deputy Minister and the Secretary General as deputy patrons, the Inspector General as chair and the head of the organisation and human resources bureau as secretary; its members include the directors general, the heads of the ministry's agencies, the Secretary General of the National Energy Council, and the heads of BPH Migas and BPMA.[9:1]

A suspected violation may come from a complaint by the public, an employee or another ministry or agency, or from a finding, either on a report from another ministry or agency or from the Inspectorate General's own supervision. Complaints are lodged in writing with the Inspector General, by letter, through a complaints application or by electronic mail, and must give the reporter's identity, the employee's identity, a short account with the time and place, and two valid pieces of evidence or two witnesses.[19] Inspectorate V conducts a closed preliminary examination within thirty days of the complaint or finding. Where a violation is shown, the result goes to the Inspector General as the basis for a hearing; where none is shown, the head of the unit is told that the matter will not proceed. Where the employee holds a senior executive post (pimpinan tinggi madya or pratama) or is a principal functional official, the Inspector General reports the result to the Minister in either case.[10:1][20]

A hearing is led by the Minister where the employee is a senior executive of the middle rank (pimpinan tinggi madya) or a principal functional official, by the Inspector General where the employee is of the pimpinan tinggi pratama rank or a functional official of the ahli madya grade, and otherwise by the chair of the panel assigned to the case. That panel has an odd number of at least five members, drawn from internal audit, which supplies its chair, from human resources, from legal staff and from the council's secretariat; its members must have no conflict of interest and hold at least the rank of the employee under examination. A hearing must be held within fourteen days, sits in closed session, decides by consensus or failing that by majority, and must give its decision within fourteen days of the hearing.[21] The decision recommends a declaration of innocence, a moral sanction or an administrative action. The head of the unit issues the statement of innocence, or imposes the disciplinary penalty, within five days of receiving the decision, and issues a moral-sanction decision within five working days, which the employee must carry out within three working days of receiving it.[22] Where the employee is a civil servant seconded from another ministry or agency, the decision is sent to that ministry or agency.[23] Decisions are final and recorded in a database of employee track records used in career development, performance assessment and discipline.[11:1] Proceedings may be stopped if the employee retires, dies, or is certified permanently unable to take part or mentally ill.[24]

The employee under examination may see the file, be accompanied, call witnesses or experts and respond; the reporter is entitled to the confidentiality of their identity and to information on the progress of the complaint, and must report truthfully and without malice.[25] Heads of units report to the Inspector General every six months on risk mitigation and the implementation of decisions, and yearly on dissemination; the Inspector General reports to the Minister yearly.[26]

Revocation and entry into force

Pasal 45 revokes Permen ESDM 13/2011 on the code of ethics for civil servants of the ministry, and Pasal 46 brings the regulation into force on promulgation.[3:1][1:1] Seven annexes set the forms for hearing reports, complaints, summonses, examination records and recommendations, decisions, and periodic reports.[9:2][26:1]

See also

Identifiers Know ID K103 · Work URI /akn/id/act/permen-esdm/2026/9 · RegVault PERMENESDM_9_2026
What links here (5)

References


  1. [P] Permen ESDM 9/2026, Pasal 46 and closing formula (Ditetapkan di Jakarta pada tanggal 17 Juni 2026); the promulgation date and Berita Negara number are blank in the held text. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  2. [P] Permen ESDM No. 9 Tahun 2026, JDIH BPK: enacted 17 June 2026, promulgated and in force 23 June 2026, Berita Negara 2026 No. 417; revokes Permen ESDM 13/2011. https://peraturan.bpk.go.id/Details/350286/permen-esdm-no-9-tahun-2026 ↩︎

  3. [P] Permen ESDM 9/2026, Pasal 45, revoking Peraturan Menteri Energi dan Sumber Daya Mineral Nomor 13 Tahun 2011 tentang Kode Etik Pegawai Negeri Sipil Kementerian Energi dan Sumber Daya Mineral (Berita Negara 2011 No. 488). regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  4. [P] Permen ESDM 9/2026, Pasal 3 and 4, and the structure of BAB III (Pasal 5 to 18). regulation_id PERMENESDM_9_2026. ↩︎ ↩︎ ↩︎

  5. [P] Permen ESDM 9/2026, Pasal 8 huruf b, d, f and i. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  6. [P] Permen ESDM 9/2026, Pasal 12 huruf b, c, h and i. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  7. [P] Permen ESDM 9/2026, Pasal 14 huruf a to r. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  8. [P] Permen ESDM 9/2026, Pasal 19 ayat (1) and (2). regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  9. [P] Permen ESDM 9/2026, Pasal 25 ayat (1) to (11) and Lampiran I. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎ ↩︎

  10. [P] Permen ESDM 9/2026, Pasal 27 and Pasal 28 ayat (2) and (7). regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  11. [P] Permen ESDM 9/2026, Pasal 39 ayat (1) to (3). regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  12. [E] "Energy Ministry Employee Ethics and Conduct Code: PERMENESDM 9/2026", CRPG regulatory tracker, crpg.id, 9 July 2026. https://crpg.id/energy-ministry-employee-ethics-and-conduct-code-permenesdm-9-2026/ (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. ↩︎

  13. [P] Permen ESDM 9/2026, preamble, Menimbang huruf a to c and Mengingat angka 2 to 11. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  14. [P] Permen ESDM 9/2026, Pasal 1 angka 1 to 17. regulation_id PERMENESDM_9_2026. ↩︎ ↩︎

  15. [P] Permen ESDM 9/2026, Pasal 2. regulation_id PERMENESDM_9_2026. ↩︎

  16. [P] Permen ESDM 9/2026, Pasal 16 huruf a, b, e and f. regulation_id PERMENESDM_9_2026. ↩︎

  17. [P] Permen ESDM 9/2026, Pasal 18 huruf c. regulation_id PERMENESDM_9_2026. ↩︎

  18. [P] Permen ESDM 9/2026, Pasal 20, 21, 22, 23 and 24. regulation_id PERMENESDM_9_2026. ↩︎

  19. [P] Permen ESDM 9/2026, Pasal 26 ayat (1) to (7), the channels in ayat (4). regulation_id PERMENESDM_9_2026. ↩︎

  20. [P] Permen ESDM 9/2026, Pasal 29 ayat (1) and (2). regulation_id PERMENESDM_9_2026. ↩︎

  21. [P] Permen ESDM 9/2026, Pasal 30 ayat (2) to (4), Pasal 31 and Pasal 32 ayat (1), (6) and (7). regulation_id PERMENESDM_9_2026. ↩︎

  22. [P] Permen ESDM 9/2026, Pasal 33, 34 ayat (2), 35 ayat (2) and (3), and 36 ayat (2). regulation_id PERMENESDM_9_2026. ↩︎

  23. [P] Permen ESDM 9/2026, Pasal 38. regulation_id PERMENESDM_9_2026. ↩︎

  24. [P] Permen ESDM 9/2026, Pasal 40. regulation_id PERMENESDM_9_2026. ↩︎

  25. [P] Permen ESDM 9/2026, Pasal 41 and 42. regulation_id PERMENESDM_9_2026. ↩︎

  26. [P] Permen ESDM 9/2026, Pasal 43 and 44, and Lampiran II to VII as referred to in Pasal 26 ayat (7), 28 ayat (8), 29 ayat (6), 32 ayat (8), 37 and 43 ayat (2). regulation_id PERMENESDM_9_2026. ↩︎ ↩︎