The Existence of Proportional Authority of Regional Governments in the Management of Oil and Gas Mining

Abstract

Proportional distribution of authority arrangements in the management of Oil and Gas mining based on decentralization is needed to be able to optimize results and be of maximum benefit to the prosperity and welfare of the people both regionally and nationally. This research aims to: analyze the reasons for regulating mining authority for oil and gas management given to the Central Government Article 14 paragraph (3) of Law no. 23 of 2014 concerning Regional Government. The approach used is the statutory approach, the conceptual approach, and the philosophical approach. The results of this study show that there is no proportional distribution of authority in the management of decentralized oil and gas mining. Therefore, it is necessary to arrange the proportional distribution of authority between the central government and regional governments producing oil and gas.The act no. 23 of 2014 concerning Regional Government divides government affairs into 3 namely, absolute government affairs, concurrent government affairs, and general government affairs. Based on the Regional Autonomy Theory, the fields of energy and mineral resources are concurrent government affairs. Thus the affairs of energy and mineral resources including oil and gas mining are essentially authority which must be shared between the central government, provincial and district/city governments.

Keywords: concurrent, proportional, central government, provincial and district/city governments.

DOI: 10.7176/JLPG/94-09

Publication date: February 29^th 2020