Implikasi Putusan Mahkamah Konstitusi Terhadap Regulasi Production Sharing Contract

After the Constitutional Court ruling has implications for regulatory 36/ PUU-X/2012 production sharing contract. Relationship between BP Migas (state) with the Business Entity or Permanent Establishment has put the state’s position and business entities or permanent establishments that manage oil a...

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Bibliographic Details
Published inJurnal Konstitusi Vol. 9; no. 4; p. 597
Main Author Husna TR, Cut Asmaul
Format Journal Article
LanguageEnglish
Published The Registrar and Secretariat General of the Constitutional Court of the Republic of Indonesia 20.05.2016
Subjects
Constitutional Court
Production Sharing Contract
Regulation
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Summary:After the Constitutional Court ruling has implications for regulatory 36/ PUU-X/2012 production sharing contract. Relationship between BP Migas (state) with the Business Entity or Permanent Establishment has put the state’s position and business entities or permanent establishments that manage oil and gas in an equal position. As a result, the state lost discretion to make regulations for the benefit of the people, but the state, as a representation of the people in the control  of natural resources should have the discretion to make rules that benefit the overall prosperity of the people. Some of the conditions are far from optimal, Indonesian   oil and gas industry is still heavily dependent on foreign domination. Associated with the conditions present in Aceh, the amount of funding for oil and gas shares, did not show a decrease in the poverty rate
ISSN:1829-7706
2548-1657
DOI:10.31078/jk941