Law and Humanities
Published: 23 December 2022
Legal Analysis of Smoothness Handover of Rokan Block from Chevron Pacific Indonesia to Pertamina Company
Syafrinaldi, Thamrin S, Admiral, Surizki Febrianto, Rendi Prayuda, Rahdiansyah
Universitas Islam Riau, Indonesia
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Keywords: Handover, Rokan Block and Oil and Gas
Indonesia is a country enriched with natural resources. One of the sources is oil and natural gas. The spirit to manage and explore these resources emerged after Indonesia's independence through the 1945 Constitution of the Republic of Indonesia which was specifically stated in Article 33 (3) of the 1945 Constitution. Article 33 Paragraph (3) of the 1945 Constitution stipulates that "Earth and water and the natural resources contained therein shall be controlled by the state and used for the greatest prosperity of the people". From the provisions of Article 33 Paragraph (3) of the 1945 Constitution, it can be explained that the management of natural resources in the form of exploration and exploitation of natural resources within the Indonesian jurisdiction including oil and natural gas is the authority of the state. Mining commodities such as oil and natural gas, gold, silver, bronze, coal, and so on are non-renewable resources. As unrenewable natural resources, oil and gas are businesses with very high demand in Indonesia. It is one of the biggest income promises for Indonesia. In addition, the oil and gas business is capital and technology intensive. The objectives of the study on handover of Rokan Block from Chevron Pacific Indonesia to Pertamina Company are as follows: To analyze the legal smoothness of handover of Rokan Block from Chevron Pacific Indonesia to PT. Pertamina; and to analyze the the Implementation of the transfer of technology with the handover of the Rokan Block from Chevron Pacific Indonesia to Pertamina. The research methodology used in this study is normative one where all legal materials and the published documents are thoroughly analysed. The results of the study show that the handover of Rokan Block from Chevron Pacific Indonesia to Pertamina Company was running well according to law applicable eventhough the regional government in Riau was angry to the central government due to the ignorance of the interests of the local communities. Besides, more than fifty years the operation of Rokan Block by Chevron Pacific Indonesia the transfer of technology remained in theory and cannot be implemented at all. The failure is due to the absence of strict law in Indonesia.
Article 13 Regulation of the Minister of Energy and Mineral Resources Number 23 of 2018 concerning Management of Oil and Gas Work Areas where the Cooperation Contract will end.
Benny Lubiantara, 2017, Paradigma Baru Pengelolaan Sektor Hulu Migas and Ketahanan Energi [New Paradigm of Upstream Oil and Gas Sector Management and Energy Security], Grasindo, Jakarta, P. 3
EOR is a method or method used to increase oil reserves in a well. The trick is to raise the volume of oil that could not be produced before. This EOR method optimizes an oil well with thick, heavy, poor permeability and irregular faultlines so that it can be lifted to the surface.
Hamdani, Khalil A., and M.A. Mahmood. Analytics of the Technology Transfer Cost Issue’s; The Pakistan Development Review 15, no. 2 (1976): 154-70. Accessed May 4, 2021. http://www.jstor.org/stable/41258322.
https://en.wikipedia.org/wiki/Technology_transfer accessed on 24 January 2021
https://id.wikipedia.org/wiki/Chevron_Pacific_Indonesia, accessed on 24 January 2021.
Ibnu Sina Candra Negara, Consitutional Design for Oil and Gasses Law Which shall be used to the Greater Benefit of the People, Jurnal Konstitusi, Vol. 14, No. 1, 2017, P. 46
Indah Dwi Qurbani, Analisis Perubahan Atas Undang-Undang Nomor 22 Tahun 2001 on Oil and Gas [Analysis of Changes to Law Number 22 of 2001 on Oil and Gas], Jurnal Hukum Lingkungan, Vol. 1, Issue 1, 2014, P. 139-140
Irawan, Candra. Pengaturan Alih Teknologi Pada Kegiatan Penanaman Modal Untuk Percepatan Penguasaan Teknologi di Indonesia [Arrangements for Technology Transfer in Investment Activities to Accelerate Technology Mastery in Indonesia], Supremasi Hukum: Jurnal Penelitian Hukum, Vol. 28, No. 1, 2019, P. 74
Likosky, Michael., Contracting and Regulatory Issues in the Oil and Gas and Metallic Minerals Industries, P. 10 – 12.
Mas Rahmah, Compulsory Licensing Bagi Percepatan Alih Teknologi Di Indonesia [Compulsory Licensing for the Acceleration of Technology Transfer in Indonesia], http://repo.unair.ac.id/data/richfiles/abstrak%20Sosial%20upload(4).pdf cited by
The consideration of Law No. 22 of 2001 on Oil and Natural Gas. This law came into force on 23 November 2001; State Gazette of 2001 Number 136.