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Martin Edward Awuy
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Legal Analysis of Institutional Governance of Upstream Oil and Natural Gas Management After The Constitutional Court’s Decision Martin Edward Awuy; Ariawan Gunadi
Tarumanagara Law Review Vol. 2 No. I (2020): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v2iI.38971

Abstract

In reality, the management of oil and gas resources tends to prioritize investment and exports, without considering the strategy of reserving oil and gas resources for the people's future needs. Throughout its history, the Oil and Gas Law has been subject to several judicial reviews at the Constitutional Court. Constitutional Court Decision Number 36/PUU-X/2012 stated that several articles and explanations related to BP Migas contradict the 1945 Constitution of the Republic of Indonesia and have no binding legal force. The research method used by the author is a normative legal research method. In the Oil and Gas Law, the concept of institutional governance in the upstream oil and gas sector distinguishes between mineral rights, mining rights, and economic rights. There are three concepts of legal entity status of upstream oil and gas sector institutions: the Government directly acts as a party to the contract, the Government assigns a National State-Owned Enterprise, or the Law establishes and assigns an institution that is given authority in the upstream oil and gas sector.
Co-Authors Ariawan Gunadi