Shifting Law Political of State Power in Oil and Gas Law Based on People Prosperity Principles

Abstract

Essentially, natural resources that are graved into the deep of earth in Indonesia are a national wealth that belong to Indonesian People, including oil and gas, therefore, state has obligation to rules and manage them for the sake of people prosperity maximally. This notion is ruled within the Constitution UUD 1945, article 33, in particular subarticle 2 and 3. Nonetheless, since the independent of Indonesia there is no legislation regarding oil and gas which has considerably fullfiled the duty of such notion of the contitution of UUD 1945. This regard happened due to law political changed which influenced by political, economical, and global interest against state power in the business of oil and gas that neglect the principles of people prosperity. Nowadays, oil and gas business is ruled by law No. 22/2001 which replaced Law No. 44/Government regulation (lieu law) /1960 regarding oil and gas and law No. 8/1971 regarding oil and gas state company, nevertheless, such changing is deemed more neglect the principles of people prosperity. Due to shifting such law political from Law No. 44/Lieu Law/1960 to Law No.22/2001 has occured many problematic issues, either philosophically, teroritically, sociologically, or legally.Therefore, the problems that will be analized are : why was happened shifting law political of state power in oil and gas law that caused neglecting the principles of people prosperity ? what are the legal implications of such neglecting ? and how is the construction of law political which accomadate the principles of people prosperity ? The research done to answer the problems through normative study, by philosphy approach, conceptual, historical with deductive logical way. Its research also using descriptive and prescriptive method. From the result of reaserch has found, first, shifting law political occured due to political, and economical reason that influanced by international interest, second, the Philosophy aspect of Law No. 22/2001 has been changed from Law. No. 44/Lieu Law/1960, it is deemed that state power on oil and gas shall be meant as power on economic commodities hence it renders wide open space for  private sector to  participate and rule in oil and gas business, rather than state, three,  Law No.22/2001 implements market mechanisme and free competition rules , as consequences this changing has been downgrading state’s role in the oil and gas governance system to provide people prosperity. By considering those result of the research, it would be recommended some ideas to recontructing law political in the basis of The Principles of People Prosperity.

Key world : Law political, State Power, The Principles of People Prosperity