scholarly journals The simplification of Upstream Oil and Gas Business license in Indonesia

2020 ◽  
Vol 9 (2) ◽  
pp. e16921950
Author(s):  
Emanuel Sujatmoko ◽  
Mailinda Eka Yuniza ◽  
Deendarlianto ◽  
Tutuko Ariadji ◽  
Rina Mardiana ◽  
...  
Keyword(s):  
Natural Resources ◽  
Public Services ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Integrated Services ◽  
Conceptual Approach ◽  
Gas Industry ◽  
One Stop ◽  
The Government

Oil and Gas is natural resources in Indonesia which is the business related to is regulated in Law Number 22 of 2001 about Oil and Gas. There are two kinds of business related to oil and gas that are upstream and downstream. In upstream oil and gas business, there still a lot problem faced by the government and the enterprises. Thus, it is needed simplification license for upstream oil and gas in order to increase investment which will lead into effective and efficient public services. Normative law here is applied as method to analyze the regulations related to oil and gas industry license. Furthermore, the approach used here are statute approach and conceptual approach. The results reveal that the Licensing for Utilization of Resources and/or Infrastructure of Upstream Oil and Gas Business does not yet have a synchronization of authority in the issuance of these licenses. In order to obtain effective and efficient upstream oil and gas business licensing services, it is necessary to synchronize and harmonize regulations and it is need a one-stop licensing service as referred to the Presidential Regulation Number 97 of 2014 concerning Implementation of One Stop Integrated Services.

What Does Rent Give to Federal Budget (on the Russia's Budget Dependence upon "Oil Dollars")

2004 ◽  
pp. 51-69 ◽  
Author(s):  
E. Sharipova ◽  
I. Tcherkashin
Keyword(s):  
Oil And Gas ◽  
Strong Dependence ◽  
Oil Prices ◽  
Federal Budget ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Resource Rent ◽  
Tax Legislation ◽  
Russian Economy ◽  
The Government

Federal tax revenues from the main sectors of the Russian economy after the 1998 crisis are examined in the article. Authors present the structure of revenues from these sectors by main taxes for 1999-2003 and prospects for 2004. Emphasis is given to an increasing dependence of budget on revenues from oil and gas industries. The share of proceeds from these sectors has reached 1/3 of total federal revenues. To explain this fact world oil prices dynamics and changes in tax legislation in Russia are considered. Empirical results show strong dependence of budget revenues on oil prices. The analysis of changes in tax legislation in oil and gas industry shows that the government has managed to redistribute resource rent in favor of the state.

scholarly journals MANAGEMENT AUTHORITY OF OIL AND GAS RESOURCES IN ACEH TERRITORY AFTER SIGNING THE GOVERNMENT REGULATION NUMBER 23 YEAR 2015

2018 ◽  
Vol 3 (Number 2) ◽  
pp. 59-69
Author(s):  
Azhari Yahya ◽  
Nurdin MH
Keyword(s):  
Government Regulation ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Oil And Gas Fields ◽  
Oil And Gas Resources ◽  
Free Aceh Movement ◽  
The Government ◽  
Gas Fields ◽  
Energy Law

The oil and gas industry in Indonesia has been started since 1871 by Royal Dutch Shell. Meanwhile, the oil and gas industry in Aceh began in 1971 which was marked by the discovery of the Arun oil and gas fields. At that time, the management of oil and gas is done centrally by not involving the Government of Aceh as a regional producer. This led to armed conflict between the Government of Indonesia and the Free Aceh Movement and prolonged conflict (for 32 years) ended with the approval of the joint oil and gas management pattern found in the territory of Aceh as stipulated in the MoU Helsinki on August 15 2005, Law No. 11 of 2006 concerning the Government of Aceh and Government Regulation No. 23 of 2015 concerning Joint Management of Oil and Gas in Aceh. In order to finalize joint oil and gas management in Aceh, universities, especially the Faculty of Law, need to immediately prepare human resources who are competent in the oil and gas and energy law so that they are skilled at negotiating and drafting a Production Sharing Contracts (PSC) for oil and gas or Kontrak Bagi Hasil (KBH). For this purpose, law faculties need to immediately incorporate oil and gas and energy law courses into their curriculum.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

scholarly journals MANAGEMENT OF THE OIL AND GAS INDUSTRY IN INDONESIA MANAGERIAL PERSPECTIVE (STUDY IN THE INDONESIAN UPSTREAM OIL AND GAS INDUSTRY)

2021 ◽  
Vol 2 (3) ◽  
pp. 381-395
Author(s):  
Kasman Arifin ◽  
Dina Hidayat ◽  
Iqbal Maulana Arifin
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Developed Countries ◽  
Financial Accounting ◽  
Exploratory Research ◽  
Literature Study ◽  
Gas Industry ◽  
State Income ◽  
The Government ◽  
Managerial Perspective

This article discusses the organization of upstream oil and gas industri in Indonesia from managerial perspective. For Indonesian context, actually this has been arranged by the Statement Oil and Gas Standard Accountancy No.29 Year 2009. In developed countries such as United States there is Standard Financial Accounting Statement issued by Financial Accounting Standard Board (FASB). In order to obtain clarity and transparency and to avoid different interpretation between the contractors and the government, therefore there ought to be explicit principles and methods in production sharing contract and desired accountancy period so that the similar method can be applied on APBN (National Planning and Expenditure Budget). This is since accountancy method affects financial report. With the latter, contractor’s performance and state income can be measured. Research methodology are ground research and exploratory research, reaseacher assumption based on field condition and resolve problem from literature study.

scholarly journals ARBITRATION AND PUBLIC POLICY IN BRAZIL: A STUDY BASED ON ‘LULA CASE’

2018 ◽  
Vol 4 (5-6) ◽  
pp. 223-264
Author(s):  
Carolina Barreira Lins
Keyword(s):  
Public Policy ◽  
Natural Resources ◽  
Oil And Gas ◽  
Oil And Gas Industry ◽  
The State ◽  
Gas Industry ◽  
National Courts ◽  
Arbitration Clause ◽  
Exploration And Production ◽  
The Right

This work examines the subject of jurisdiction and arbitrability of issues related to energy and natural resources in the world, in order to enhance the arbitration institute in Brazil. The study is based on a recent case pending in Brazilian courts, named “Lula case”, which refer to a dispute between the State and concessionaires that grant the right to explore and produce oil and gas in a determined area. The presence of arbitration clauses in the concession contracts for exploration and production of oil and gas in Brazil raises questions related to the disposability of the rights concerned. It is paramount to set benchmarks on arbitral tribunals’ power to decide on these matters and to define to what extent arbitral awards may defy public policy, national sovereignty over natural resources and national courts’ jurisdiction to render decisions in this regard. Otherwise, the randomness of judicial decisions makes the arbitration clause ineffective. Moreover, the Lula case arises substantive issues related to the necessity to protect investors in the oil and gas industry, since acts arguably connect to the State policy power may cause damages to the private parties. The work critically examines the decision given by national courts so far and proposes an international approach to face situations involving the State and the necessity to protect investors in the oil and gas industry.

Taxation aspects of climate change management measures

2010 ◽  
Vol 50 (1) ◽  
pp. 253
Author(s):  
David Lewis
Keyword(s):  
Climate Change ◽  
Financial Reporting ◽  
Oil And Gas ◽  
Global Climate ◽  
Action Plan ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Resource Rent ◽  
Management Measures ◽  
The Government

Climate change is undoubtedly one of the greatest economic, social, and environmental challenges now facing the world. The present Australian Government is committed to acting on climate change and Australia’s progress towards its emissions reduction targets is being closely watched internationally. To contribute effectively to global climate change action, Australia must demonstrate its ability to implement robust and sustainable domestic emissions management legislation. The Carbon Pollution Reduction Scheme (CPRS), modelled after the cap-and-trade system, continues to be debated by our policymakers, as the Government moves to re-introduce its preferred CPRS legislative package for the third time. The advent of climate change legislation is inevitable and its impact will be far-reaching. This paper reviews the fiscal aspects of the proposed CPRS legislation in the context of the oil and gas industry, and whether it is conducive to creating incentives for appropriate climate change response by the industry. In particular, this paper will consider: the direct and indirect tax features specifically covered in the proposed CPRS legislation and their implications; the areas of taxation that remain uncanvassed in the proposed CPRS legislation and aspects requiring clarification from the tax administration; the interaction between Petroleum Resource Rent Tax (PRRT) and the CPRS measures; the flow-on impacts to taxation outcomes resulting from proposed accounting and financial reporting responses to the CPRS legislation; the income tax and PRRT treatment of selected abatement measures; and, elements of a good CPRS tax strategy and compliance action plan.

The Greenhouse Effect and the Resource Management Act, as Related to Oil and Gas Exploration and Production

1995 ◽  
Vol 13 (2-3) ◽  
pp. 207-220
Author(s):  
R W Plume
Keyword(s):  
New Zealand ◽  
Forest Cover ◽  
Oil And Gas ◽  
National Policy ◽  
Oil And Gas Industry ◽  
Policy Statement ◽  
Gas Industry ◽  
Oil And Gas Exploration ◽  
Exploration And Production ◽  
The Government

The release of CO2 into the atmosphere - and more specifically its consequential effect on global temperature – is now more-or-less universally acknowledged as a significant international environmental problem. Known colloquially as the Greenhouse Effect, it is the subject of the UN Framework Convention on Climate Change. That convention commits its signatories to specific actions directed at stabilising emissions of greenhouse gases (including CO2) at 1990 levels. It was signed at the UN Conference on Environment & Development (the “Earth Summit” which was held in Rio de Janeiro in 1992) by 153 countries including New Zealand. New Zealand has now officially ratified the Convention and has thus effectively committed itself to participate in international programmes of CO2 emission reduction. The Resource Management Act 1991 requires regulatory authorities to consider the environmental effects of activities in their jurisdiction. Carbon dioxide is now considered to be a “contaminant” as defined in the Act and it therefore becomes contingent upon local authorities to determine a suitable response to the problem of CO2 emissions. Regional and district policy statements and plans are required to be consistent with the national policy statement. Although a national policy statement on CO2 emissions does not yet exist it can be expected that eventually the approval of resource consents for oil and gas exploration and production activities typically will require specific actions relating to the release of CO2. The increase of CO2 in the atmosphere is almost entirely the direct result of two fundamental and worldwide activities: the combustion of fossil fuels and the removal of forest cover. When burned, hydrocarbons add large quantities of CO2 to the atmosphere. The removal of forest cover reduces the ability of the ecosystem to extract CO2 from the atmosphere by photosynthesis. The oil and gas industry is, of course, the source of a large proportion of the hydrocarbons used for energy and other purposes. It can therefore be expected that governments (including New Zealand) will focus on various aspects of the industry in their efforts to meet the reduction goal. Until recently the central Government approach to CO2 emission reduction was to implement the so-called no regrets policies which are desirable goals (e.g. increased energy efficiency) which have the positive spin-off effect of reducing CO2 emissions. By themselves such policies are likely to be inadequate to meet the internationally accepted reduction target. The Government must therefore implement more stringent measures. As the matter now stands the Government is investigating a diverse range of methods for reducing CO2 emissions. Because CO2 emissions and energy use are inextricably linked, reducing CO2 emissions can clearly have a detrimental effect on economic development. The 'holy grail' of policy development in this area is to reduce CO2 emissions without producing harmful effects on the economy. Several options (and myriad variations on the theme) have been put forward including, for example, carbon taxes and tradeable quotas. These options and others are now being assessed by Government officials. The industry should be alert to the distinct possibility that policy will focus directly on oil and gas production. From a regulatory point of view such an approach has an enticing simplicity but the effect on the oil and gas industry may prove to be less than desirable.

scholarly journals Potential for Performance-Based Regulation in the Canadian Offshore Oil and Gas Industry

2015 ◽  
pp. 1 ◽  
Author(s):  
Rob Grant, QC ◽  
Will Moreira, QC ◽  
David Henley
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
Government Agencies ◽  
Gas Industry ◽  
Oil And Gas Exploration ◽  
Industry Performance ◽  
The Government ◽  
Offshore Oil And Gas ◽  
The Individual ◽  
Offshore Oil

After providing a background and comparative assessment of Performance-Based Regulation (PBR) inother offshore oil and gas sectors, the potential for similar application in Canada is discussed. The developments in these sectors have evolved from a prescriptive regulatory scheme to one that is more PBR based. In such a regime, the governing agency sets out objectives for industry performance that include design and operation objectives, as well as expectations for safety and environmental protection.  It is then up to the individual company to develop a program as to how they propose to achieve these performance objectives, which is then submitted to the agency for review. The discussion centres on the overall compliance and improvements that have been realized by PBR regimes, and the efficiency of the government agencies. The scheme is intended to be more responsive to industry changes and requires more participation by the regulated companies than in prescriptive regimes.  Overall objectives of PBR are to reduce the level of prescriptive measures imposed upon industry by government. while reducing exposure to the risks of offshore oil and gas exploration and development by placing the means ofmanaging the risk in the hands of the operators. The premise of PBR is that these operators are in a belter position to react to changes in technology and risk than are government agencies.

scholarly journals United States Environmental Laws and Exploration and Production Operations

1975 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Henry R. White
Keyword(s):  
Oil And Gas ◽  
Oil And Gas Industry ◽  
National Environmental Policy Act ◽  
Gas Industry ◽  
Environmental Laws ◽  
Oil And Gas Exploration ◽  
Healthy Environment ◽  
Oil And Gas Producers ◽  
Exploration And Production ◽  
The Government

Concern for the protection of the environment has resulted in the creation of number of new U.S. statutes and regulations which have an important impact on American oil and gas exploration and production operations. The author provides brief historical survey of some of the legislation which provided foundation for laws enacted within the past few years. He discusses in some detail the National Environmental Policy Act provisions and concludes that they have been construc tive force for change, both in the government and the oil and gas industry. The author then provides an overview of various statutes and. regulations establishing guidelines to ensure clean air and water, which are of particular importance to oil and gas producers. In conclusion, the author stresses the importance of maintaining balance between the need for healthy environment and the need for an adequate supply of energy.

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