scholarly journals ANALYSIS ON THE EFFECTIVENESS OF “UNBUNDLING” AND “OPEN ACCESS” IN INDONESIAN GAS BUSINESS SECTOR

2020 ◽  
Vol 49 (4) ◽  
pp. 990
Author(s):  
Parulian Paidi Aritonang

Natural gas is a very important non-renewable natural resource that controls the lives of many people. Therefore, the exploitation and utilization of natural gas must be carried out wisely and for the greatest prosperity of the people. This is mandated in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia that "Earth, water and the natural resources contained therein are controlled by country and used for the greatest prosperity of the people". With the promulgation of Law Number 22 the Year 2001 concerning Oil and Gas, there has been restructuring in the implementation of natural gas exploitation through pipelines in Indonesia. The law provides more space for private entities to engage in gas exploitation with the purpose to create healthy competition, transparency, improving national development, efficiency in exploiting natural gas and to develop competitive price so that the end consumer can enjoy the benefits. By its implementing regulations, namely, the Regulation of the Minister of Energy and Mineral Resources Number 19 of 2009, natural gas exploitation through pipelines is carried out through an “unbundling” and “open access” mechanism.

Author(s):  
Fatma Ulfatun Najicha

In its development, the management of oil and gas in Indonesia has undergone several policy developments. The enactment of Law Number 22 of 2001 concerning Oil and Gas has become a new chapter in the regulation of oil and gas in Indonesia. This law wants to emphasize that national development must be directed to the realization of people's welfare by carrying out reforms in all fields of national and state life. This article finds that the law has affirmed the objectives of natural gas management to increase state income, create jobs, improve the welfare and prosperity of the people in a just and equitable manner, and maintain the environmental sustainability. However, gas management must be carried out carefully and should be free from liberalization schemes that can bring about social injustice and failure to achieve people's welfare. The Constitutional Court's decision, which has annulled the articles in the law, is imperative to do the legal reconstruction by ensuring laws that create happiness for the people.Keywords: Oil; Natural Gas; Equal Energy; Management Policy. 


2019 ◽  
Vol 2 (1) ◽  
pp. 29-37
Author(s):  
Fakharsyah Hanif Sugiyartomo

As an oil producing nation, Indonesia embodied its authority to manage its oil resources through article 33 paragraphs 3 of The Republic of Indonesia Constitution 1945. Regarding the article, this means that the state has the authority to manage Indonesian natural resources, directly or indirectly, through other public and/or private institutions and the profit of such activity shall be for the benefit of the people. This granted the state to appoint other institution, including a National/International Oil Company (NOC/IOC), to manage the exploration and production of oil, as that particular activity is regarded as a high risk and high capital business. In order to do so, according to Law no. 22 2001, the state may appoint a NOC/IOC through a production sharing contract. In this research, it is founded that the regulation that governed a production sharing contract with the gross split mechanism—Ministry of Energy and Mineral Resources Regulation No. 8 2017 jo. Ministry of Energy and Mineral Resources No. 52 2017—does not have a strong legal basis. In overall, the management of oil and gas through the gross split mechanism does not gives a maximum benefit for the state, and does not attract the IOC/NOC interest to explore and produce oil and gas in Indonesia. Therefore, in this paper, the reviewing of oil and gas management through a gross split mechanism is recommended. Keywords: management, gross split scheme, income taxes


Author(s):  
Muammar

The impact of globalization has penetrated throughout the civilization of the nations of the world, running so fast. Especially very influential on changes in various lines of life. Related to this is the issue of increasing narcotics abuse and narcotics illicit trafficking which has created conditions that have hindered the development process and weakened civilization. Eradication of narcotics distribution is a national problem, because it has a negative impact that can damage and threaten the lives of the people, nation and state and can hamper the national development process. The rise of narcotics abuse does not only occur in big cities, but has reached small cities in all ten regions of the Republic of Indonesia, including East Aceh Regency. The increasingly diverse lifestyle of the people due to the influence of globalization also contributes to the increasing circulation of narcotics in East Aceh District. This certainly must receive serious attention, because if we look at what is happening in East Aceh District and several other regions in Indonesia, the crime of narcotics distribution from time to time always increases which in the end is increasingly unsettling the community, so before these things increase In East Aceh District, an effective solution must be found to eradicate it. Factors that cause a person to commit a narcotics crime in East Aceh Regency are due to economic factors where a person needs money to live and the difficulty of getting work, family environmental factors, social environmental factors and availability / lack of supervision factors. Efforts in tackling narcotics circulation in East Aceh district involve many parties, including: firstly, pre-emptive efforts by providing counseling in the community and schools about narcotics carried out by the police in tackling narcotics crime in East Aceh District. Second, preventive measures (prevention) by conducting raids and patrols routinely, providing oversight of the association and positive activities carried out by the police, prosecutors, religious leaders, community leaders and youth organizations. The third repressive effort (action) which aims to provide a deterrent effect on the perpetrators of drug trafficking crimes involving all law enforcement officials ranging from the Police, Attorney and District Courts and Detention Houses.Keywords: Crimonology, Narcotics Circulation. 


2018 ◽  
Vol 29 (3) ◽  
pp. 515
Author(s):  
Muhammad Insa Ansari

AbstractThe 1945 Constitution of the Republic of Indonesia regulates natural recources in its particular article. Then, the Energy Law and the Oil and Gas Law regulate the state’s control of oil and natural gas. In the sectoral regulations of oil and gas, there is a public service obligation (PSO) which must be assumed by the Government and State Owned Enterprises (SOE). Meanwhile, in the SOE Law introduced entity Perum and Persero. Where in Perum entities carrying out public service, while the Persero entity to assume the role for profit. But in practice found a PSO on the oil and gas sector carried by state-run entities Persero. IntisariDalam Undang-Undang Dasar Negara Republik Indonesia 1945 diatur penguasaan negara terhadap sumber daya alam. Kemudian UU Enegi dan UU Minyak dan Gas Bumi mengatur penguasaan negara terhadap minyak dan gas bumi. Dalam pengaturan sektoral di bidang tersebut juga mengatur kewajiban pelayanan umum yang harus diemban oleh pemerintah dan BUMN. Sementara itu dalam UU BUMN diperkenalkan  entitas Perusahaan Umum (Perum) dan Perseroan Terbatas (Persero). Dimana entitas Perum mengemban peran pelayanan umum (public service), sementara entitas Persero mengemban peran mencari keuntungan (profit oriented). Namun dalam praktek ditemukan kewajiban pelayanan umum pada sektor minyak dan gas bumi diemban oleh BUMN dengan entitas Persero. 


2020 ◽  
Vol 1 (2) ◽  
pp. 194-210
Author(s):  
Laode Muhammad Fathun

This research is conducted to discuss about the Cooperation between Indonesia and Iran in oil and gas energy sector period 2015-2017. This research uses qualitative research method with descriptive approach type. The purpose on this research is to explain the shape of cooperation between Indonesia and Iran in oil and gas energy sector. This research also uses bilateral cooperation theory, national interest theory, and energy security concept. From this research, According to the result from this research, the cooperation between Indonesian and Iran in oil and gas energy sector in the period of 2015-2017, the first is Purchasing of Liquified Petroleum Gas (LPG) and Crude Oil form Iran with Competitive Price, second, Oil Refinery Development located in Situbondo (East Java) and the last is Management of Ab-Teymour and Mansouri field. With this cooperation, Indonesia has achieve national interest because the production of oil and gas in Indonesia is increased and the people requirement of oil and gas can be fulfilled. Then in this research, it is also known that the cooperation between Indonesia and Iran in the energy sector will continue even in the wider sector again.


2021 ◽  
Vol 2 (2) ◽  
pp. 248-253
Author(s):  
Ni Komang Rosi Triana Ayu Nuratih ◽  
I Ketut Kasta Arya Wijaya ◽  
Ida Ayu Putu Widiati

Health is an important aspect and become a measure of the welfare of the people of a country. The development of national development, one of them is in the health sector, must be in accordance with and based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to reveal the government's responsibility for handling Covid-19 patients and legal protection for Covid-19 patients medical services in the hospital. The research method used is normative. The assessment is carried out by means of a literature study which is specifically related to law in the health sector. The data sources used were prmiary, secondary and tertiary sources and were analyzed systematically. The result of this research indicates that the responsibility of the government for Covid-19 patients provides rights to patients regulated in related regulations. If the government and parties who violate the rights that should be received by Covid-19 patients, they can be subject to sanctions in accordance with applicable regulations. Legal protection or the issuance of legal rules regarding the rights of Covid-19 patients aims to protect the community itself.


2019 ◽  
Vol 3 (1) ◽  
pp. 54-67
Author(s):  
Samuel Dharma Putra Nainggolan

The rural population is a basic capital for national development, owned by the people and the Indonesian nation. In the constitutional structure of the Republic of Indonesia, the Village has developed in various forms and is obliged to be protected and empowered to be strong, advanced, and democratic and democratic so as to carry out governance and development towards a just, prosperous and prosperous society. The involvement of the Village Head in resolving conflicts within rural communities has made the writer interested in studying the nature of cases out of court settlement by the Village Head against the village community and the reformulation of legal policies in implementing the nature of the settlement of a non-court problem. The approach used in this research is statute approach, historical approach, and conceptual approach, and case approach. The results of this study states that solving a problem that occurs in the village by placing the Village Head as a peace judge is a form of discretion / policy of the executive in order to realize public service for the community. In other words because it is a discretion, it certainly follows the laws and regulations that state the limits of it.


2018 ◽  
Vol 3 (1) ◽  
pp. 54-67
Author(s):  
Samuel Dharma Putra Nainggolan

The rural population is a basic capital for national development, owned by the people and the Indonesian nation. In the constitutional structure of the Republic of Indonesia, the Village has developed in various forms and is obliged to be protected and empowered to be strong, advanced, and democratic and democratic so as to carry out governance and development towards a just, prosperous and prosperous society. The involvement of the Village Head in resolving conflicts within rural communities has made the writer interested in studying the nature of cases out of court settlement by the Village Head against the village community and the reformulation of legal policies in implementing the nature of the settlement of a non-court problem. The approach used in this research is statute approach, historical approach, and conceptual approach, and case approach. The results of this study states that solving a problem that occurs in the village by placing the Village Head as a peace judge is a form of discretion / policy of the executive in order to realize public service for the community. In other words because it is a discretion, it certainly follows the laws and regulations that state the limits of it.


2020 ◽  
Vol 7 (2) ◽  
pp. 345
Author(s):  
Andri Ardianto

The Regional Representative Council of the Republic of Indonesia (DPD RI) is a state institution that was born from the 1945 NRI Amendment process. The formation of the DPD RI was meant not only to reform the parliamentary structure into two chambers, the formation of the DPD RI was a constitutional effort intended to better accommodate regional votes by giving channels, as well as roles for the regions. In that perspective, the DPD RI must play a more important role in bridging local regional aspirations with national development policies. Thus, regional interests and aspirations can be integrated and aligned with national policies. If the DPR brings political aspirations of the people, then the DPD should carry regional aspirations that are not only political in nature but have social and cultural values in accordance with the variety of regions it represents. In essence, the role of the DPD is more emphasized on the importance of accommodating and aggregating the aspirations and interests of the regions to balance the hegemony of the DPR which carries the aspirations of the people which are only political. This research will focus on the extent to which the DPD RI has carried out its role as mandated and the ideals of its formation as regional representatives. Whether the presence of the DPD has accommodated and aggregated regional interests and has also been able to avoid legislative power being only concentrated in one institution (check and balance).


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