Harmonisasi Pengaturan Badan Pelaksana Migas Berdasarkan Undang-Undang No. 11 Tahun 2006 Tentang Pemerintahan Aceh Dengan Undang-Undang No. 22 Tahun 2001 Tentang Minyak Dan Gas Dan Pengaruhnya Terhadap Kontrak Kerjasama BPmigas Dengan PT Pertamina EP
| Main Author: | Jabbar, Ahmad |
|---|---|
| Other Authors: | Nasution, Bismar, Siregar, Mahmul, Nasution, Faisal Akbar |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/21982 |
Daftar Isi:
- The 1945 Constitution, especially in its Article 33 (2) and (3), strongly states that the important production branches and those related to the lives of the people of Indonesia are owned by the state; while the earth and the water and natural resources contained in it are also owned by the state to be greatly used for the prosperity of the people of Indonesia. Therefore, oil and natural gas are owned by the state. That the state owns oil and natural gas is implemented by the government in its capacity as the holder of mining authority. In 2001, the government issued Law No.22/2001 on Oil and Natural Gas and its consequence was to establish the Executive Body and Board of Regulators. On the other hand, in 2006, the government passed Law No.11/2006 on the Government of Aceh. What is interesting in the law is that it is stated in Article 160 that the central government and the government of Aceh can establish an Executive Body which controls the processing of natural resources of oil and natural gas like the currently serving Executive Body (BPMIGAS) which was established based on Law No.22/2001 on Oil and Natural Gas. The problem discussed in this thesis was “Harmonization Between the Regulation Oil and Natural Gas Executive Body Based on Law No.11/2006 on the Government of Aceh and Law No. 22/2001 on Oil and Natural Gas and Its Influence on the Cooperation Agreement Between BPMIGAS and PT. PERTAMINA EP” looking at : first, to what level the synchronization between Law No.22/2001 on Oil and Natural Gas and Law No.11/2006 on the Government of Aceh related to BPMIGAS and what factors should be paid attention to in harmonizing the implementation of Law No.11/2006 on the Government of Aceh and Law No. 22/2001 on Oil and Natural Gas related to the establishment of BPMIGAS in the Government of Aceh, and what is the implication of Law No.11/2006 on the Government of Aceh on the cooperation agreement between BPMIGAS and PT. Pertamina EP. The theoretical framework and conception employed in this study were Stufen Theory developed by Hans Kelsen who sees a law as a system consisting of pyramid-like arrangement of norms, in which a lower norm receives its power from a higher norm, and the theory of justice developed by Thomas Aquinas as well as the legal principles found in the Volume III of the Indonesia Civil Codes. The result of this analytical descriptive study with statutory approach showed that: 1. Law No.22/2001 and Law No. 11/2006 related to the establishment of BPMIGAS are substantially synchronized either in vertical or horizontal levels. 2. The factors that must paid attention to in harmonizing the implementation of Law No.11/2006 on the Government of Aceh and Law No.22/2001 on Oil and Natural Gas related to the establishment of BPMIGAS in Aceh Government are: a. People welfare is the first priority. b. In the framework of the Unitary Republic of Indonesia. c. Not to generate a worse investment. d. Existing contractual items must be respected. e. Better service. f. The materialization of justice for the people of Aceh. 3. The implication of Law No.11/2006 on the Government of Aceh on the cooperation agreement between BPMIGAS and PT. Pertamina EP are as follows: a. That the cooperation agreement signed by the Executive Body (BPMIGAS) and PT. Pertamina on September 17, 2005 whose contract will last for 30 years and expire in 2035 remains valid to the end of the period of the cooperation contract even though BPMIGAS of the government of Aceh was established at the time the cooperation agreement between BPMIGAS and PT. Pertamina EP was still going on. b. Should the PT. Pertamina EP still want to extend the cooperation agreement which expires in 2035, the cooperation agreement is made and signed by BPMIGAS and the Government of Aceh according to the regulation stated in Article 160 of Law No.11/2006 on the Government of Aceh.
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