Political Legal Management of Oil and Natural Gas Resources According to Article 33 of the 1945 Constitution for the Maximum Prosperity of the People

Abstract

Political law is a fundamental policy that governs the State in the field of law, derived from the prevalent societal values to attain the desired goals of the State, which encompasses both ius constitutum and ius constituendum. The legal politics of managing oil and gas resources in Indonesia at a certain period have varying effects on the envisioned social welfare. This study aims to examine: 1) the legal politics of managing oil and gas resources in Law Number 22 of 2001 on Oil and Gas; 2) the implementation of regulations and policies for managing oil and natural gas resources to achieve the highest possible prosperity for the people; and 3) the suitability of the legal political concept of managing oil and natural gas resources in efforts to realize the highest possible prosperity for the people.

This research employs a legal research approach with a typology of normative legal research or doctrinal research to develop arguments, theories, or new concepts as practitioners in addressing current issues. The nature of the research adopted in this study is descriptive-analytical. The normative juridical approach is utilized to respond to legal issues in this research, utilizing the statutory approach, historical approach, and conceptual approach. The research data were gathered through document studies, as well as interviews, and then analyzed qualitatively juridically.

The results indicate that the legal political concept of proper management of oil and natural gas resources in realizing the maximum prosperity of the people can be accomplished through several strategic modifications, including a) a new paradigm of oil and gas management; b) changing the oil and gas institutional scheme; c) changing the oil and gas management scheme; d) altering the oil and gas exploitation contract scheme; e) changing the structure of the oil and gas industry; f) enhancing the utilization of domestic oil and natural gas; g) increasing the role and capacity of State-Owned Enterprises in oil and gas management; h) implementing the domestic market obligation scheme and oil and gas export policy; and i) establishing an oil and gas fund scheme.