KEPASTIAN HUKUM TENTANG PERIZINAN KEGIATAN HULU MINYAK DAN GAS BUMI TERKAIT PERATURAN PERUNDANGUNDANGAN YANG BERLAKU DI INDONESIA

Abstract

In many public discuss, published in some media, the regulatory of natural sources is under serenity,which is characterized by numerous licenses activity for several porpoises the same of working area, giving animpact on the legal certainty of licensed.This dissertation research is expected to provide , a, to know the implementation impact of the upstream oiland gas activities in the field that is appointed by Minister of Energy and Mineral Resources as the authority ofoil and gas in Indonesia based on National reg no 22 of the 2001 related to several act sector regulation, b, tofind out the Couse of the overlapping of permits related to upstream oil and gas activities in the field, c, to findalternative solution in the form of suggestion on constraint , concerning matters pertaining to arrange theGovernment legal permit of upstream oil and gas activities in order to provide legal certainty in the upstreamoil and gas business license in Indonesia.This research is conducted by normative research method by reviewing all applicable laws andregulations related to upstream oil and gas activities, and conducting the sample test in order to enrich theresults of the research by observing facts about the current situation in the region of the Indonesian law.Conclusion of the research are : a, Implication of licensing for upstream oil and Gas activities through thesigning of the PSC ( Production Sharing Contract) which is set under the law number 22 Year 2001 on oil andGas very vulnerable to the ocurated of duplication of permit in a similar working area, and legal implicationsencountered in the types of sector regulations that also effect on the upstream oil and gas activities there areapproximately 87 other types of sector regulations that also effect on the upstream oil and gas activities must bealso comp the by the investors., even though they have been signing the PSC . Lots of regulations that apply inwork area which was not coordinated, cause of the overlapping of license in the same work area both fellowactors oil and gas activities as well as activities in other sectors so that the trigger of conflict of interest of thesame time there is not yet regulation at the level of law.Regulating the scaled priority of utilization, so this condition encourages the creation of duplication ofpermits permissions granted to contractors of natural resources activity I n the same area. Currentlicense of upstream oil and gas activities is a non systemik permit since all licensed from other sectors haven’tconfirmed in the licensed given through the production hiring contract , all of those have an impact on theemergence of legal uncertainty in the field.Keywords ; legal permit, upstream oil and gas activities, production sharing contract