Karya Ilmiah

DISERTASI (0090) - Prinsip Hukum Perimbangan Dana Bagi Hasil Minyak dan Gas Bumi

---

Article 18A (2) of the amended 1945 Constitution prescribes: Relationship
concerning finance, public service, the use of natural and other resources
between central government and regional government shall be made justly and
equitably based on law. From the provisions, it can be inferred that article as the
filosophical and constitutional basic act No. 33 of 2004 about finance relationship
between central government and regional government, include finance
relationship in oil and gas sector. The problem statement in this research are: (1).
The principle of law oil and gas management in Indonesia;(2). The principle of
law distribution finance relationship between central government and regional
government in sharing oil and gas finance. This research is a type of normative
legal research feature preskriptif and implementation by using historical
approach, statute approach and the conceptual approach. Sovereignty as the
supreme power in the hands of the people include the economic field. Social
functioning system of ownership is a fundamental principle in the management of
oil and gas as outlined in the basic orientation of national development. Then
controlled by the state under Article 33 of the amended 1945 Constitution has a
higher understanding or wider than ownership in civil law conception. As the
nation of Indonesia (as set forth in Article 1 ( 2 ) UUPA, as the right of the
people). The concept of control by the state is a concept of public law relating to
the principle of popular sovereignty adopted of the amended 1945 Constitution,
both in politics (political democracy) and economic (economic democracy). In the
sovereignty of the people, it is the people who are recognized as the source, the
owner and holder of the highest authority in the life of the state. Legal principle of
equalization funds for oil and gas is a system of revenue sharing funds for oil and
gas produced from the area of the region is done proportionally, democratic, fair
and transparent with regard to the potential state, and local requirements. The
prosentase must proportionally, democratic, fair and transparent. Oil and gas
sector as a strategic non renewable natural resources shall be under the powers
of the State and shall be used to the greatest benefit of the people. It should be
seen as a manifestation of social justice for the whole Indonesian people.

---

Ketersediaan

03090518

0090

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

0090

Penerbit

Surabaya : Fakultas Hukum Unair., 2014

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PERIMBANGAN

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar