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All Journal LAW REVIEW Global Legal Review Yuridika
Radjagoekgoek, Robert Pangihutan
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Law, Crime, Criminology & Criminal Justice

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THE PREPARATION OF OWNER ESTIMATE IN RIG SERVICE CONTRACTS IN UPSTREAM OIL AND GAS BUSINESS ACTIVITIES ACCORDING TO LEGAL CERTAINTY PRINCIPLES. Radjagoekgoek, Robert Pangihutan
Global Legal Review Vol 3, No 1 (2023): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i1.4716

Abstract

As one of the vital and strategic natural resources, due to its vital role that could impact society, oil and gas is one of the sources of state revenue to support national development. To implement Article 33 of the 1945 Constitution, in particular to realize the welfare and prosperity of the people, UU Migas No 22, 2001 mandated SKK Migas to oversee upstream activity done by contractors (KKKS).Contractors conduct rig procurement processes with their Owner Estimate (OE) in alignment to Perpres No 12, 2021 and PTK 007, 2017. Due to that reason, legal certainty is needed to deal with problems at the implementation level.This dissertation research covers two legal issues, namely the regulation and implementation of the preparation of the HPS Value in the Rig contract.The theoretical basis used is agreement theory, legal certainty theory and Per Se Illegal and Rule of Reason approach. The research analysis is using normative juridicals which are supported by empirical studies.The result of this research concludes that normatively, OE preparation guidelines provide multiple interpretations, inconsistencies and a legal vacuum.In practice, problems related to aspects of legal certainty, namely HPS offers are not confidential and/or confidential, extreme price cut due to offers below 80% of HPS are being allowed, the existence of negotiations even though the price offer is already the lowest and below the HPS . It opens for conspiracy in the procurement. For this reason, it is necessary to amend Perpres and PTK 007 in order to achieve compliance according to the principles of agreement, legal certainty and fair business.The change in regulation will provide legal certainty, efficiency and effectiveness so that SKK Migas and KKKS and Rig Providers can carry out upstream business activities properly and optimally to support the social welfare of the Indonesian. Keywords: Oil and Gas, Owner Estimates Development, KKKS & Rig Provider
Owner Estimate of Rig Contracts in Oil and Gas Business According to Legal Certainty Principles Radjagoekgoek, Robert Pangihutan
Law Review Volume XXII, No. 3 - March 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v22i3.5979

Abstract

As one of the vital and strategic natural resources and vital role that impact society, oil and gas is one of state revenue sources to support national development. To implement Article 33 of the 1945 Constitution, to obtain people welfare and prosperity, Oil and Gas Law No 22, 2001 mandated Special Task Force for Upstream Oil and Gas Business Activities to oversee upstream activity done by oil and gas contractors. Contractors conduct rig procurement processes with their Owner Estimate in alignment to Presidential decree No 12, 2021 and Summary of Procedural Guidelines of 007, 2017.By this reason, legal certainty is needed to deal with problems at implementation level. Two legal issues research, regulation and preparation implementation of Owner Estimate  Value in Rig contract. The research analysis is using normative juridical which are supported by empirical studies. Owner Estimate  preparation guidelines provide multiple interpretations, inconsistencies and a legal vacuum. In practice, problems related to aspects of legal certainty, Owner Estimate offers are not confidential and/or confidential, extreme price cut due to offers below 80% of Owner Estimate are being allowed, the existence of negotiations even though the price offer is already the lowest and below Owner Estimate . It opens for conspiracy in the procurement. It is necessary to amend Perpres and Procedural Guidelines of Special Task Force for Upstream Oil and Gas Migas Number 007 achieving compliance to the principles of agreement, legal certainty and fair business. Regulation change will provide legal certainty, efficiency and effectiveness so Special Task Force for Upstream Oil and Gas Migas, oil and gas contractors and Rig Providers can conduct upstream business activities properly, optimally to support Indonesian social welfare. 
THE PREPARATION OF OWNER ESTIMATE IN RIG SERVICE CONTRACTS IN UPSTREAM OIL AND GAS BUSINESS ACTIVITIES ACCORDING TO LEGAL CERTAINTY PRINCIPLES. Radjagoekgoek, Robert Pangihutan
Global Legal Review Vol. 3 No. 1 (2023): April
Publisher : Universitas Pelita Harapan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/glr.v3i1.4716

Abstract

As one of the vital and strategic natural resources, due to its vital role that could impact society, oil and gas is one of the sources of state revenue to support national development. To implement Article 33 of the 1945 Constitution, in particular to realize the welfare and prosperity of the people, UU Migas No 22, 2001 mandated SKK Migas to oversee upstream activity done by contractors (KKKS).Contractors conduct rig procurement processes with their Owner Estimate (OE) in alignment to Perpres No 12, 2021 and PTK 007, 2017. Due to that reason, legal certainty is needed to deal with problems at the implementation level.This dissertation research covers two legal issues, namely the regulation and implementation of the preparation of the HPS Value in the Rig contract.The theoretical basis used is agreement theory, legal certainty theory and Per Se Illegal and Rule of Reason approach. The research analysis is using normative juridicals which are supported by empirical studies.The result of this research concludes that normatively, OE preparation guidelines provide multiple interpretations, inconsistencies and a legal vacuum.In practice, problems related to aspects of legal certainty, namely HPS offers are not confidential and/or confidential, extreme price cut due to offers below 80% of HPS are being allowed, the existence of negotiations even though the price offer is already the lowest and below the HPS . It opens for conspiracy in the procurement. For this reason, it is necessary to amend Perpres and PTK 007 in order to achieve compliance according to the principles of agreement, legal certainty and fair business.The change in regulation will provide legal certainty, efficiency and effectiveness so that SKK Migas and KKKS and Rig Providers can carry out upstream business activities properly and optimally to support the social welfare of the Indonesian. Keywords: Oil and Gas, Owner Estimates Development, KKKS & Rig Provider
Estimating The Exploration And Production (E&P) Industry's Rig Contract Business Owner Radjagoekgoek, Robert Pangihutan; Awwal Muhammad Shafiu
Yuridika Vol. 39 No. 1 (2024): Volume 39 No 1, January 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i1.44966

Abstract

According to Article 33 of the 1945 Structure, oil and gas have the potential to greatly influence state and revenue generation sources, thereby realizing societal welfare and economic prosperity. For this reason, oil and gas have a crucial and strategic position among natural resources. As a result, a specialized work group for exploration and production (E&P) was established through the enactment of Oil and Gas Law Number 22, 2001. This organization is in charge of supervising all exploration and production-related operations. In accordance with Presidential Regulation No. 12, 2021, Procedural Instruction 007, 2017, exploration and production builders carry out the rig procurement procedure to rig providers builders with their proposal Owner Estimate's worth. There are conflicting interpretations and discrepancies in the Owner Estimate instruction problem for upstream exploration and production (E&P). Concerns pertaining to areas of law positivism that Owner Estimate provides may or may not be secret in the process. It allows for collusion during the purchasing procedure. Normative juridical analysis is used in the research to make Owner Estimates of Value and to cover regulation. Therefore, in order to achieve conformity with the agreement principle and legal certainty, it is required to alter the President's Regulation and the Summary of Procedural Instruction. In order for the specialized work group for exploration and production (E&P), the E&P builders, and the rig providers to execute upstream business flawlessly and optimally to support communal welfare, the regulation's evaluation will support legal clarity, ability, and persuasiveness.
Owner Estimate of Rig Contracts in Oil and Gas Business According to Legal Certainty Principles Radjagoekgoek, Robert Pangihutan
Law Review Volume XXII, No. 3 - March 2023
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v22i3.5979

Abstract

As one of the vital and strategic natural resources and vital role that impact society, oil and gas is one of state revenue sources to support national development. To implement Article 33 of the 1945 Constitution, to obtain people welfare and prosperity, Oil and Gas Law No 22, 2001 mandated Special Task Force for Upstream Oil and Gas Business Activities to oversee upstream activity done by oil and gas contractors. Contractors conduct rig procurement processes with their Owner Estimate in alignment to Presidential decree No 12, 2021 and Summary of Procedural Guidelines of 007, 2017.By this reason, legal certainty is needed to deal with problems at implementation level. Two legal issues research, regulation and preparation implementation of Owner Estimate  Value in Rig contract. The research analysis is using normative juridical which are supported by empirical studies. Owner Estimate  preparation guidelines provide multiple interpretations, inconsistencies and a legal vacuum. In practice, problems related to aspects of legal certainty, Owner Estimate offers are not confidential and/or confidential, extreme price cut due to offers below 80% of Owner Estimate are being allowed, the existence of negotiations even though the price offer is already the lowest and below Owner Estimate . It opens for conspiracy in the procurement. It is necessary to amend Perpres and Procedural Guidelines of Special Task Force for Upstream Oil and Gas Migas Number 007 achieving compliance to the principles of agreement, legal certainty and fair business. Regulation change will provide legal certainty, efficiency and effectiveness so Special Task Force for Upstream Oil and Gas Migas, oil and gas contractors and Rig Providers can conduct upstream business activities properly, optimally to support Indonesian social welfare. 
Co-Authors Awwal Muhammad Shafiu