Research Article
Character and Disharmony of Legislation on Oil and Gas Sector in the Perspective of Article 33 of the 1945 Constitution
@INPROCEEDINGS{10.4108/eai.29-6-2021.2312658, author={Suparto Suparto and Admiral Admiral}, title={Character and Disharmony of Legislation on Oil and Gas Sector in the Perspective of Article 33 of the 1945 Constitution}, proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICOLEG}, year={2021}, month={10}, keywords={characters disharmony regulations oil and gas the 1945 constitution}, doi={10.4108/eai.29-6-2021.2312658} }- Suparto Suparto
Admiral Admiral
Year: 2021
Character and Disharmony of Legislation on Oil and Gas Sector in the Perspective of Article 33 of the 1945 Constitution
ICOLEG
EAI
DOI: 10.4108/eai.29-6-2021.2312658
Abstract
Oil and natural gas are one of the most strategic non-renewable natural resources in Indonesia. Therefore, its management and utilization must be in accordance with the constitution of the Country, namely the 1945 Constitution. This research objective is concern to the character and disharmony of the legislation itself in the perspective of Article 33 of the 1945 Constitution. Based on the research, obtained the results that the character of legislation in the field of oil and gas management starting from Indische Mijnwet Stb 1899 No. 214 Jo. Stb 1906 No. 434, Law No. 44/PRP/1960, Law No. 8 of 1971 and Law No. 22 of 2001 occurred dynamics ranging from those in accordance with the spirit of Article 33 of the 1945 Constitution to those that are not. The reason was the international pressure and the persistence of global interest in the management of oil and gas in Indonesia. Possible efforts in addressing the problem of disharmony between legislation and non-conformity with the 1945 Constitution are: 1) Amend/revoke certain articles that undergo disharmony or all articles of the relevant laws and regulations, by the institution/agency authorized to form them. 2) Apply for a material test to the Judiciary (judicial review). 3) Apply the principle of laws of legislation.