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This Author published in this journals
All Journal Greenation International Journal of Law and Social Sciences
Heliaantoro Heliaantoro
STIH Gunung Jati, Tangerang, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Natural Resources Contracts and Implementation of Oil and Gas Permits in Foreign Companies Related to Article 33 Paragraph 2 and Paragraph 3 of the 1945 Constitution: Literature Review Ibrahim Arsyad; Heliaantoro Heliaantoro
Greenation International Journal of Law and Social Sciences Vol. 2 No. 2 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (June 2024
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i2.201

Abstract

The purpose of this article is expected to be a useful reference for policymakers, academics, oil and gas companies, and the general public in understanding and managing Indonesia's natural resources more effectively and responsibly. Structured and normative juridical literature review. Relevant scientific articles are selected, identified, and evaluated during the literature review process. The scope of the study was determined using the PICO (population/problem, intervention, comparison) framework, which was used to establish the study boundaries. A number of relevant scientific articles were selected, identified, and reviewed during the literature review. The PICO framework provides a score to set research boundaries.  The legal concept of proper management of oil and gas resources can be realized by making strategic changes through a new paradigm to increase the utilization of domestic oil and gas, increase the role and capacity of SOEs in oil and gas management, change the scheme of domestic market obligations and oil and gas export policies, and adjust the oil and gas fund scheme. analysis of natural resource contracts and the implementation of oil and gas permits in foreign companies, related to the provisions of Article 33 Paragraph 2 and Paragraph 3 of the 1945 Constitution. Observing how these practices can optimize benefits for the national economy while considering social justice and environmental sustainability, in line with the spirit of Article 33 Paragraph 2 and Paragraph 3 of the 1945 Constitution which emphasizes the management of natural resources for the prosperity and welfare of the people.
Implementation of Article 33 Paragraphs 2 and 3 of the 1945 Constitution in Granting Concessions for Natural Resource Management to Foreign Companies from International Private Law Perspective: A Case Study of PT XYZ R. Gatot Prio Utomo; Heliaantoro Heliaantoro
Greenation International Journal of Law and Social Sciences Vol. 2 No. 2 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (June 2024
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v2i2.202

Abstract

The Indonesian Constitution of 1945, particularly Article 33 paragraphs 2 and 3, establishes the fundamental principles governing the management of the nation's natural resources.  These clauses stipulate that the state controls and utilizes natural resources for the maximum benefit of the people. However, the implementation of these constitutional principles in practice, especially in the context of granting concessions to foreign companies, raises complex legal and policy challenges. This research paper examines the implementation of Article 33 in the case of PT XYZ Indonesia, a foreign mining company operating in Indonesia, from the perspective of international private law. The study analyses the legal and regulatory frameworks governing the management of natural resources, the mechanisms for granting concessions to foreign companies, and the implications for the welfare of the Indonesian people. The findings shed light on the delicate balance between upholding the state's sovereignty over natural resources and attracting foreign investment and the role of international private law in shaping this dynamic.
Co-Authors Ibrahim Arsyad R. Gatot Prio Utomo