Fatma Ulfatun Najicha
Faculty of Law, Universitas Sebelas Maret, Surakarta

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Konstitusionalitas Pengelolaan Migas dalam Mewujudkan Kedaulatan Energi Indonesia Fatma Ulfatun Najicha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 2 (2020): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1305

Abstract

This study aims to explain and analyze constitutional oil and gas governance in the context of creating the welfare of the Indonesian people. This research is a normative study, using secondary data in the form of primary, secondary and tertiary legal materials. The results of the study found that the constitutionality of Indonesian oil and gas management is regulated and contained in the oil and gas laws and regulations which give Pertamina a dual function as operator and regulator, while the policy function is carried out by the government. This management violates the constitution and the principle of state control or state sovereignty over oil and gas as stipulated in the 1945 Constitution which is then spelled out in statutory regulations in the oil and gas sector. Another finding is that the management of oil and gas in Indonesia is still unable to have a positive impact on the Indonesian people and is detrimental to state finances. The current management is very dominated by foreign parties because the Indonesian oil and gas sector is controlled by foreign companies up to 89 percent or the potential for state financial losses due to the imposition of "cost recovery" in the oil and gas sector that is not exactly Rp 345,996 trillion rupiah per year or 1.7 billion per day.
Oil and Natural Gas Management Policy in Realizing Equal Energy in Indonesia Fatma Ulfatun Najicha
Journal of Human Rights, Culture and Legal System Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (276.541 KB) | DOI: 10.53955/jhcls.v1i2.8

Abstract

In its development, the management of oil and gas in Indonesia has undergone several policy developments. The enactment of Law Number 22 of 2001 concerning Oil and Gas has become a new chapter in the regulation of oil and gas in Indonesia. This law wants to emphasize that national development must be directed to the realization of people's welfare by carrying out reforms in all fields of national and state life. This article finds that the law has affirmed the objectives of natural gas management to increase state income, create jobs, improve the welfare and prosperity of the people in a just and equitable manner, and maintain the environmental sustainability. However, gas management must be carried out carefully and should be free from liberalization schemes that can bring about social injustice and failure to achieve people's welfare. The Constitutional Court's decision, which has annulled the articles in the law, is imperative to do the legal reconstruction by ensuring laws that create happiness for the people.Keywords: Oil; Natural Gas; Equal Energy; Management Policy. 
The Conceptualization of Environmental Administration Law in Environmental Pollution Control Fatma Ulfatun Najicha; Lego Karjoko; I Gusti Ayu Ketut Rachmi Rachmi Handayani; Rosita Chandrakirana; Dian Furqani Tenrilawa
Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.552 KB) | DOI: 10.53955/jhcls.v2i2.44

Abstract

Environment is an essential element of life. The domain offers a variety of advantages and functions for humans to carry out activities and reside there. This is normative legal research using secondary sources. According to the study's findings, environmental law enforcement can be conducted both punitively and preventatively, depending on its effectiveness and nature. The lack of coordination between sectors (government officials), the absence of a monitoring plan, and the lack of environmental supervisors are obstacles to ecological monitoring.