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Abdul Kadir Jaelani
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INDONESIA
Journal of Sustainable Development and Regulatory Issues
Published by Lembaga Contrarius Indonesia
ISSN : 29878071     EISSN : 29878063     DOI : https://doi.org/10.53955/jsderi.v1i2
Core Subject : Health, Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health
The Journal of Sustainable Development and Regulatory Issues (JSDERI) focuses on the field of sustainable development and law studies at global, national, regional, and local levels worldwide. The journal addresses specific issues on energy, environmental design and planning, environmental management, spatial planning, environmental planning, environmental management and sustainable development integrated way and accordance with the principles of Regulatory Issues. In addition, JSDERI also covers legal research in waste management, air, water and soil pollution, rural planning, urban planning, regional economics, methods of enforcement, government tort liability, freedom of information, and state finance, and legal justice. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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The Authority of Oil and Gas Special Task Force as a Company Holder and Implementers of Upstream Oil and Gas Bussiness Activity: a Juridical ViewPoint Fanisa Luthfia; Triani Triani
Journal of Sustainable Development and Regulatory Issues Vol 1, No 1 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (155.185 KB) | DOI: 10.53955/jsderi.v1i1.5

Abstract

In 2001, Law No. 22 of 2001 concerning Oil and Gas was enacted, which aimed to regulate Pertamina's authority in the oil and gas sector, as well as grant rights and authority to other domestic and foreign oil companies. Consequently, this limited Pertamina's ability to explore and exploit new oil fields. This article adopts a normative juridical research method, which seeks to address existing legal issues through this approach. The research method includes the Case Approach, Statute Approach, and Conceptual Approach, which will be utilized by the author. Through this approach, the compatibility between legal provisions and their implementation will be examined. The findings indicate that, according to statutory regulations, the government agency responsible for upstream oil and gas activities in Indonesia was initially the Executive Agency for Upstream Oil and Gas Business Activities (BP Migas), which was later replaced by the Special Task Force (SKK) for Oil and Gas. The Constitutional Court dissolved BP Migas based on the decision that BP Migas solely controlled and supervised oil and gas management, without engaging in direct management activities. This led to a relationship model between BP Migas, as a representative of the state, and business entities, which contradicted the constitutional principle of state control over oil and gas natural resources.
Indigenous Community Perspectives on Forest Area Protection Governance Policy Ahmad Dirwan; Mohammad Jamin; Jadmiko Anom Husodo
Journal of Sustainable Development and Regulatory Issues Vol 1, No 2 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i2.12

Abstract

The objective of this study is to objectively analyze and examine the legal protection of the community regarding the status of area land in West Lampung Regency. This research is sociolegal because it only determines law as a social phenomenon. This research was conducted in West Lampung Regency the research location was in Sukapura Village, Sumberjaya District, West Lampung Regency, and in the location of the forest land in the disputed area. The results of the authors can be concluded, firstly, that the regulation of tenure over forest area land in West Lampung Regency cannot provide legal protection for indigenous peoples because, in several findings, it is known that the land and the holder of rights over it are recorded for the first time in the registration book. Second, the regulation of valid land tenure rights in order to provide protection to the community regarding the status of forest area land in West Lampung is to check the status of the land. In the event that the means of proof as referred to in paragraph 1 are not available or are no longer available, proof of rights can be carried out based on the fact that the land parcel in question has physically been in possession for twenty years or more consecutively by the applicant for registration and preliminary introduction with conditions.
Utilization of Petroleum and Natural Gas on the Sustainable Development of Indonesian Economy Maharani, Mutiara; Akbar, Nabbiel Arbio
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 1 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i1.1

Abstract

Throughout the history of national development, petroleum and natural gas have played a vital and strategic role, serving as essential energy sources for various economic activities. The petroleum and gas sector also contributes significantly to state revenue through the management of these resources. The author aims to discuss the appropriate utilization of petroleum and natural gas and its potential to enhance economic income in Indonesia. Petroleum and natural gas, as valuable resources, exist in liquid and solid forms within the earth's reservoirs. Indonesia possesses vast reserves of petroleum and gas, with numerous untapped fields remaining. Utilizing these resources effectively can lead to increased state revenue. Given their significance as essential commodities in the national economy, managing petroleum and natural gas is crucial for optimizing prosperity and welfare for the population.
Executing Upstream Oil and Natural Gas Business Activities: Legal Status and Authority of the Oil and Gas Special Working Unit (SKK) Irawan, Armalia Berlinda; Riawan, Divka Aulia Esa
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 1 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i1.2

Abstract

The Oil and Gas Special Task Force (SKK Oil) is a government agency responsible for controlling and supervising upstream oil and gas businesses. This study aims to examine the legal position of SKK Oil as the executor of national upstream oil and gas business activities and its role in promoting national energy security. The research utilizes an empirical juridical legal research method with qualitative research specifications, providing a focused and in-depth analysis of the subject matter. Secondary data obtained from primary, secondary, and tertiary legal sources are used in this study. The findings reveal that the National Oil and Gas Management Policy has not fully aligned with the goal of achieving national energy security.
Securing State’s Asset: Legal Protection of Natural Resources of Oil and Gas Friasmita, Anisa Devi; Nisa, Farah Hafizha
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 1 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i1.3

Abstract

The legal framework for oil and natural gas activities in Indonesia is established by Law Number 22 of 2001 concerning Oil and Natural Gas, which was officially published in the State Gazette in 2001. SKK Migas, which replaced BP Migas, is responsible for the management of upstream oil and gas activities based on Cooperation Contracts (KKS). The upstream activities are conducted through Cooperation Contracts (KKS) as specified in Article 6 of the Oil and Gas Law. According to Article 1, number 19 of the Oil and Gas Law, a Production Sharing Contract (PSC) refers to a cooperative arrangement that aims to maximize the benefits from exploration and exploitation activities for the state and ensure the welfare of the people.
Legal Politics toward Natural Energy: Natural Gas Utilization in Indonesia Iqbal, Iqbal; Rayhannafi, Hilmi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 1 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i1.4

Abstract

Indonesia is abundantly blessed with natural resources, including energy, among which natural gas holds a significant position. As of 2017, global demand for natural gas accounted for 23.4% of the total global primary energy demand. The substantial demand for natural gas can be attributed to its reputation as a clean and efficient energy source compared to fossil fuels. Natural gas possesses the potential to become a vital component of the energy mix, driving economic growth. Consequently, effective management of natural gas resources is essential to harness the full potential of oil and gas reserves in Indonesia, thereby maximizing benefits for the well-being of the population. In pursuit of this objective, the Indonesian government has implemented various regulations to provide a legal framework for natural gas management.
The Authority of Oil and Gas Special Task Force as a Company Holder and Implementers of Upstream Oil and Gas Bussiness Activity: a Juridical ViewPoint Luthfia, Fanisa; Triani, Triani
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 1 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i1.5

Abstract

In 2001, Law No. 22 of 2001 concerning Oil and Gas was enacted, which aimed to regulate Pertamina's authority in the oil and gas sector, as well as grant rights and authority to other domestic and foreign oil companies. Consequently, this limited Pertamina's ability to explore and exploit new oil fields. This article adopts a normative juridical research method, which seeks to address existing legal issues through this approach. The research method includes the Case Approach, Statute Approach, and Conceptual Approach, which will be utilized by the author. Through this approach, the compatibility between legal provisions and their implementation will be examined. The findings indicate that, according to statutory regulations, the government agency responsible for upstream oil and gas activities in Indonesia was initially the Executive Agency for Upstream Oil and Gas Business Activities (BP Migas), which was later replaced by the Special Task Force (SKK) for Oil and Gas. The Constitutional Court dissolved BP Migas based on the decision that BP Migas solely controlled and supervised oil and gas management, without engaging in direct management activities. This led to a relationship model between BP Migas, as a representative of the state, and business entities, which contradicted the constitutional principle of state control over oil and gas natural resources.
The Implementing a Carbon Tax as a Means of Increasing Investment Value in Indonesia Brata, Al Fadilla Yoga; Sedera, Rakotoarisoa Maminiaina Heritiana
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 2 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i2.6

Abstract

The impact of a carbon tax in Indonesia, where it could lessen environmental changes, generate income economically, and raise the value of investments in renewable energy, is described and examined in this study. Doctrinal legal research is the research methodology used. To reach logical conclusions about legal issues, doctrine research is used. Research work can be made more qualified by using legal research. Carbon emissions in Indonesia have been significantly reduced by 13.917% due to the urgency of implementing a carbon tax, and worldwide carbon emissions have decreased by 14.292%. Investments in a mix of renewable energy sources gain value. The implementation of a carbon tax may need help. The political system and the administration of governmental institutions are barriers to implementing the carbon tax—the impact of the economy and business on public disapproval. The government sets revenue management by its objectives, the carbon tax policy is associated with an energy sustainability policy, and the coalition is tightened as part of the strategy to address these issues.
The Impact of Tax Incentive on Increase Foreign Direct Investment Kusumaningtyas, Reza Octavia; Kalimanzila, James
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 2 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i2.7

Abstract

This study examines and describes the effect of applying tax incentives through the tax allowance policy on the growth of direct investment in Indonesia. Legal research is the method of inquiry employed. Legal issues are analyzed using doctrinal research to draw logical conclusions. Legal research enhances the quality of research projects. The application of tax incentives has resulted in an increase in total investment of 187%, and the number of recipients of tax incentives has increased from 69 to 71 and continues to grow annually. Additionally, the incentives have a positive effect on other nations. Several obstacles and barriers exist in its implementation, including inefficiency in the government system, political relations with businesses, and economic stability.
The Regulation of Foreign Workers as Technology and Knowledge Transfer Rismawati, Eka; Jaelani, Abdul Kadir; Aygün, Karakitapoglu
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 1 No. 2 (2023): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v1i2.8

Abstract

The regulation of using foreign employees as a tool for technology and knowledge transfer, roadblocks that arise while implementing technology and knowledge transfer, and government initiatives to promote the quickening of technology and knowledge transfer are all examined in this study. This study is a normative legal investigation. Legal main and secondary sources are examples of primary data. The method for gathering data was a literature review, which involved reading books, looking over rules and regulations, and looking over other relevant research findings. The findings of this study suggest that Indonesia's laws governing the employment of foreign workers have not explicitly restricted the means through which technology can be transferred through foreign workers.

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