Tinjauan Yuridis Penawaran Participating Interest Kepada Daerah Dalam Skema Kontrak Bagi Hasil Hulu Migas Di Indonesia

Tarnes, Muhammad Vareno (2021) Tinjauan Yuridis Penawaran Participating Interest Kepada Daerah Dalam Skema Kontrak Bagi Hasil Hulu Migas Di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Abstract One of the strategic issues in the management of the upstream oil and gas sector in Indonesia is obligation to offer working area management rights (participating interest) of 10% (ten percent) by the Cooperation Contract Contractor (KKKS) to The producing Regional Government through Regional Owned Enterprises, usually referred to as “PI10%� in accordance with Article 34 of Government Regulation Number 35 of 2004 concerning Upstream Oil and Gas Business Activities and Regulation of the Minister of Energy and Mineral Resources Number 37/2016 concerning Provisions for 10% (ten) Participating Interest Offers percent) in the Oil and Gas Working Area. Through this clause the Government expect an increase in the role of the region in upstream operational activities oil and gas in Indonesia, especially in matters of transparency, governance, and monitoring the performance of upstream oil and gas activities in their respective regions. By The juridical setting regarding 10% PI to BUMD is important to observe especially referring to the principles that guide the management of upstream oil and gas in Indonesia as stated in Article 2 of Law 22/2001 on Oil and Natural Gas, namely justice. This thesis research will examine juridically whether the regulations relating to the 10% PI to the region has been in accordance with the purpose of granting rights participation to the regions and what improvements to the legislation what needs to be done to support and strengthen the principles of justice related to 10% PI offer for Regions in the management of the upstream oil and gas sector in Indonesia. The type of research used is juridical normative research, namely research which emphasizes the research of legal norms in writing from the data secondary. The object of research is a regulation related to bid obligations participating interest in the region in the upstream oil and gas production sharing contract scheme in Indonesia. From this thesis research, it can be concluded that the regulation of 10% PI offer to the region in general has supported the realization of the principle of justice for the region in accordance with one of the objectives of justice according to the Theory of Justice which put forward by John Rawls. However, there are some clauses that do not in accordance with the aim of increasing the role of the region in the management of upstream oil and gas so that it is necessary to make improvements or refinements through changes the provisions of the legislation.

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