Reconstruction and Institutional Sovereignty of Oil and Gas Mining Management Based on Access to Justice

DOI

10.2991/iceml-18.2018.33How to use a DOI?

Keywords

reconceptualization, reconstruction, sovereignty, legal recognition, access to justice

Abstract

The legal issues are related to how the state sovereignty in terms of planning, implementation, control, and evaluation over exploration and exploitation by investors is implemented according to the principles of the power of the state in mining regions. What arises as a problem is how the freedom of state sovereignty of mining regions should be performed independently or with the intervention of foreign countries. This paper examines how state souvereignty over the management of oil and gas, especially in the form of a work contract, raises disputes over land rights with indigenous law communities and is not capable of providing welfare for the community as mandated by the constitution. Various cases are faced by the government of the Republic of Indonesia in the management of oil and gas managed by PT. Pertamina, and the production sharing contract is the most vulnerable sectors to corruption. This is due to the high profits generated from oil and gas industry, thus potentially creating high rent seeking activities that utilize their political positions and connections to seek profit through this illegal act. The final result of this study is to find the arrangement of regulation and institutional management of oil and gas mining which is not only aligned with the essence of the philosophical value based on Pancasila principles, Article 33 of the Constitution of the Republic of Indonesia. It is widely accepted that the state sovereignty of mining and natural gas resources are managed fairly and entirely for the welfare and prosperity of the society.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Imam Koeswahyono
PY  - 2018/09
DA  - 2018/09
TI  - Reconstruction and Institutional Sovereignty of Oil and Gas Mining Management Based on Access to Justice
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 140
EP  - 144
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.33
DO  - 10.2991/iceml-18.2018.33
ID  - Koeswahyono2018/09
ER  -