Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Reconstruction of Oil and Natural Gas Law for the Welfare of the Indonesian People

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341663,
        author={Evita Isretno Israhadi and Dwi Tunggal Adi Rahmanto},
        title={Reconstruction of Oil and Natural Gas Law for the Welfare of the Indonesian People},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={law oil natural gas well-being},
        doi={10.4108/eai.28-10-2023.2341663}
    }
    
  • Evita Isretno Israhadi
    Dwi Tunggal Adi Rahmanto
    Year: 2023
    Reconstruction of Oil and Natural Gas Law for the Welfare of the Indonesian People
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341663
Evita Isretno Israhadi1, Dwi Tunggal Adi Rahmanto1,*
  • 1: Universitas Borobudur
*Contact email: dwitunggaladirahmanto@ymail.com

Abstract

Foreign interests now have greater access to Indonesian natural gas and oil management according to Law Number 22 of 2001 regulating Oil and Natural Gas. Article 33 of the 1945 Constitution is violated, turning governmental authority over the branches of creation that influence the existences of countless individuals into an established fiction. It is necessary to reconstruct oil and gas laws that can improve the welfare of all Indonesian people, not just certain people. The research is normative, namely examining the law currently in force, and whether the legal norms are by the 1945 Constitution and Pancasila. A conceptual approach as well as a legislative approach are employed. Also, document and literature studies were used to obtain data. The outcomes show that various arrangements in the ongoing oil and gas regulation, known as Regulation Number 22 of 2001 Overseeing Oil and Flammable gas, are believed to be in struggle with the 1945 Constitution. This is additionally upheld by the choice Number 36/PUU-X/2012 of the Sacred Court, which expresses that a few arrangements of Regulation Number 22 of 2001 overseeing Oil and Gaseous petrol are governed illegal and have no limiting legitimate power. As a result, the oil and gas legislation have to be revised. Modernizing the laws concerning oil and gas is part of reconstruction. The projected oil and gas legislation aims to achieve the welfare of the whole Indonesian community by combining justice, clarity, and pragmatism.