Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources

Indonesia has the potential to manage natural resources in such a way that social justice, public welfare, and the prosperity of the people is also realized. Contract law is the primary legal umbrella used in efforts to protect natural resources from exploitation. This study uses normative juridical...

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Main Authors: Hari Sutra Disemadi, Sahuri Lasmadi
Format: Article
Language:English
Published: Faculty of Law, University of Jember 2019-12-01
Series:Lentera Hukum
Online Access:https://jurnal.unej.ac.id/index.php/ejlh/article/view/13380
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author Hari Sutra Disemadi
Sahuri Lasmadi
author_facet Hari Sutra Disemadi
Sahuri Lasmadi
author_sort Hari Sutra Disemadi
collection DOAJ
description Indonesia has the potential to manage natural resources in such a way that social justice, public welfare, and the prosperity of the people is also realized. Contract law is the primary legal umbrella used in efforts to protect natural resources from exploitation. This study uses normative juridical methods that prioritize secondary data as the primary sources. This study shows the form of the legal protection of state assets related to oil and gas management including the government has the right of immunity, the existence of provisions regarding state revenue, state levies, and bonuses and the existence of provisions for contractors to distribute a portion of the production share. Thus, the government uses Production Sharing Contracts (PSC) to enter into oil and gas management agreements with contractors, specifically regarding upstream business activities. The Oil and Gas Law does not elaborate on the meaning of the PSC. Rather, it only states that the PSC is one form of the contracts. Keywords: Production Sharing Contract, State Control, Protection of Natural Resources.
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spelling doaj.art-33d9cf388e6d4ea58de46a75d6e02ec52022-12-22T03:04:32ZengFaculty of Law, University of JemberLentera Hukum2355-46732621-37102019-12-016339340810.19184/ejlh.v6i3.1338013380Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural ResourcesHari Sutra Disemadi0Sahuri Lasmadi1Diponegoro University, IndonesiaJambi University, IndonesiaIndonesia has the potential to manage natural resources in such a way that social justice, public welfare, and the prosperity of the people is also realized. Contract law is the primary legal umbrella used in efforts to protect natural resources from exploitation. This study uses normative juridical methods that prioritize secondary data as the primary sources. This study shows the form of the legal protection of state assets related to oil and gas management including the government has the right of immunity, the existence of provisions regarding state revenue, state levies, and bonuses and the existence of provisions for contractors to distribute a portion of the production share. Thus, the government uses Production Sharing Contracts (PSC) to enter into oil and gas management agreements with contractors, specifically regarding upstream business activities. The Oil and Gas Law does not elaborate on the meaning of the PSC. Rather, it only states that the PSC is one form of the contracts. Keywords: Production Sharing Contract, State Control, Protection of Natural Resources.https://jurnal.unej.ac.id/index.php/ejlh/article/view/13380
spellingShingle Hari Sutra Disemadi
Sahuri Lasmadi
Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
Lentera Hukum
title Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
title_full Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
title_fullStr Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
title_full_unstemmed Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
title_short Utilizing Production Sharing Contracts (PSCs) as a Means for the Protection of Indonesia’s Natural Resources
title_sort utilizing production sharing contracts pscs as a means for the protection of indonesia s natural resources
url https://jurnal.unej.ac.id/index.php/ejlh/article/view/13380
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AT sahurilasmadi utilizingproductionsharingcontractspscsasameansfortheprotectionofindonesiasnaturalresources