STATE’S MINING RIGHT ON OIL AND GAS INDUSTRIES OF INDONESIA (Normative Research of Act Number 22 Year 2001 About Oil and Gas)
ABSTRACT: Since the
Independence, Indonesia have primary economy income by Oil & Gas Mining Industries.
In the development
of law, Oil
& Gas Mining
Sector have some problem
based on Act
No. 22 Year
2001, for instance
the state’s mining right, oil & gas Mining Purpose
and oil & gas mining development under the law. In
the Oil and
Gas Concession countries
have a position
on the sovereignty
of natural resources of oil and gas to the maximum benefit of the
people, the law in dynamics and exploitation
of oil and
gas have also
performed three times
the testing of oil and gas law and produce interpretations Court
Constitution of phrase controlled by the state that notion, controlled by the
state should be interpreted to include
the meaning of
control by the
state in a
broad conception sourced
and derived from the
people of Indonesia's
sovereignty over all
sources of wealth, earth, water
and the natural
riches contained therein,
including the therein collective sense
of public ownership
by the people
for the resources
in question. People collectively
was at cunstructed by the 1945 Constitution mandates the state to make
policy (beleid) and
the management actions
(bestuursdaad), setting (regelendaad),
management (beheersdaad), and control (toezichthoudensdaad) for the purpose
of overall prosperity
of the people. Administration functions (bestuursdaad) conducted by the
state government with the authority to issue and revoke licenses
facilities (verguning), license
(licentie), and concessions (Consessie). Regulatory
functions by the
state (regelendaad) is
done through the legislative authority of the Parliament
and the government, and regulation by the Government. Management
functions (beheersdaad) carried
out through stock ownership (share-holding) and / or
through direct involvement in the management of
State-owned Enterprises or
State Owned Legal
Entity as an
institutional instrument,
through the state,
cq Government, leverage
its control over
the resources to be used for the maximum prosperity of the people. In an
effort to find out about understanding the meaning of control by the state Oil and Gas
Act, the approach
used is to
review and analyze
the normative issue judicially determined to see the rule
of law by analyzing the Law. 22 of 2001 on Oil and Gas. Then, all data were
analyzed by descriptive analysis. Based on the research findings, the answers
obtained by the state's right to control the
natural resources of
oil and natural
gas both philosophically and
legally, as well as the position
of the state in the business of oil and gas in the perspective of the Law of
Oil and Gas after the decision of the Supreme Constitution. So in the need for
a new law in
the
form of construction
that can carry
pengusaahan state control in
the oil and
natural gas in
accordance with the
mandate of Article
33 UUD 1945 to the maximum benefit of the people.
Keywords: State’s Mining Right on oil & gas, Oil
& Gas Mining Purpose, and oil &
gas Mining Development under the law
Author: RIDWAN BASHORI
Journal Code: jphukumgg130029
