CD Skripsi

Tinjauan Yuridis Terhadap Kedudukan Badan Pelaksana Kegiatan Usaha Hulu Minyak Dan Gas Bumi Pasca Putusan Mahkamah Konstitusi Nomor 36/Puu-X/2012

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Relationship between BP Migas with The Business Entity or Permanent Establishment has put The State and The Business Entity or Permanent Establishment that manage oil and gas in equal position. As a result, The State lost discretion to make regulations for benefit of The People. Whereas The Government in execute function of state control over oil and natural gas resources should have discrestion to make rules to the upstream oil and gas business activities so that people can enjoy the availability of oil and gas at a low price, easy, and stable in order to achieve the greatest benefit of the people. Therefore, Indonesian Society, represented by the majority of Islamic Organizations request material test Oil and Gas Act to Consitutional Court, because the rights have been impaired by the application of oil and gas law, especially concerning the existence and substance of BP Migas functions contained therein. Finally, The Constitutional Court decided that the articles of the oil and gas law governing the existence, functions, duties, and authority of BP Migas and all things related to the Implementing Agency in explanation contrary to the Oil and Gas Act 1945 and does not have binding legal force. The Court also ruled that BP Migas functions and tasks carried out by the Government through Relevant ministries, until the enactment of the new law governing it. The purpose of writing this essay is to find out the position of BP Migas before MK Decision No. 36/PUU-X/2012 and to know the implications of TQM Decision No. 36/PUU-X/2012 the position of BP Migas. Types of research used in this essay belong to the juridical normative, because the author conducts review of literature related to the material basis of law and governance sync oil and gas law. Data sources used in writing this essay is the primary data, secondary data, and tertiary data. The methods used in data collection is library research or documentary studies. From these results it can be concluded that before the Constitutional Court Decision No. 36/PUU-X/2012, BP Migas serves as a special state organs, state-owned legal entity (BHMN) has a strategic position to act on behalf of the Government perform the functions of state control over oil and gas in particular upstream (exploration and exploitation), the control function and supervise the implementation of the Upstream KKS. Implications of Constitutional Court No. 36/PUU-X/2012 to position BP Migas is the loss of BP Migas existence or dissolution of BP Migas in the upstream oil and gas business activities. Because, the Court stated all chapters and explanations regarding BP Migas contrary to The UUD 1945 and no binding legal force. Keywords: Oil and Gas - BP Migas - Function of State Control - Constitutional Court Decision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 113 (0017)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2013

Deskripsi Fisik

v, 81 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 113 (0017)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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