KONTRAK BAGI HASIL PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 002/PUU-1/2003 ATAS PENGUJIAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI DENGAN DICABUTNYA KUASA PERTAMBANGAN DARI BADAN USAHA (BU) BENTUK USAHA TETAP (BUT)
The objective of this study is to determine the legal basis of Production Sharing Contracts (PSC) in the oil and gas industry after the verdict of the Constitutional Court for judicial review of Oil and Gas Act, with the revocation of Mining Authority from Business Entity (BE)/Permanent Establishmen...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/118055/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51023 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | The objective of this study is to determine the legal basis of
Production Sharing Contracts (PSC) in the oil and gas industry after the
verdict of the Constitutional Court for judicial review of Oil and Gas Act,
with the revocation of Mining Authority from Business Entity
(BE)/Permanent Establishment (PE), and examine the validity of the PSCs
signed after the said verdict. In addition, this study also intended to
examine the legal rules in the related PSC, and make a detail research
about the function and role of Government in the PSC.
This study used the normative approach by examining the Act No.
22 of 2001 on Oil and Gas (Oil and Gas Law) and oil and gas production
sharing contract documents after the decision of the Constitutional Court.
The research method is inductive - deductive, which carried out a
descriptive analysis of qualitative data on PSCs signed after the
Constitutional Court's verdict with the revocation of Mining Authority from
BE/PE. The analysis has also conducted on the legal provisions in the
PSCs related to Mining Authority issue, as well as the role of the
Government of Indonesia in the PSC.
As a result of the enactment of the verdict of Constitutional Court
No. 002/PUU-I/2003 in 2005, BE/PE. who signed PSC no longer has
authority over Mining Authority. However, this condition does not eliminate
the legal basis of the PSC. In the PSC, The Government of Indonesia and
BE/PE regulate a certain actions in managing oil and gas industry in
Indonesia by conducting a cooperation in the exploration and exploitation
activities. Without giving the Mining Authority to BE/PE, the cooperation in
the exploration and exploitation activities between BE/PE and the
Government of Indonesia represented by Minister of Energy and Mineral
Resources and BPMIGAS, in form of PSC, become a public dimension of
business contract, and as a contract, PSC has complied the four elements
of validity of contract terms under Indonesian law. The PSC has also
contained the complete terms and conditions that must exist and has
outlined the function of control and supervision of the Government of
Indonesia on Mining Authority. |
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