KAJIAN HUKUM TERHADAP RISIKO EKSPLORASI DAN EKSPLOITASI MINYAK DAN GAS BUMI

Abstract

Normative legal research toward the risks of exploration and exploitation of oil and natural gas is a response to environmental disasters of Lapindo modflow in Porong, Sidoarjo, East Java. In an effort to find solutins from problems occurred, namely environmental damage and losses that occur as direct result of mining activities of PT. Lapindo Brantas which has caused great losses, both public property and citizens. Who must take the responsibility for whatever risks that may happen based on the Petroleum Natural Gas Act and the Environmental Management Act? Based on the analysis of data the following results, can be delivered (1) According to the prevailing laws and regulations the rights of state control over oil and gas held by the goverment as the authority of Mining, which in the implementation of authority is carried out by the Oil and Gas Implementing Body. Thus Enterprises of PT. Lapindo Brantas which conducts the exploration and exploitation in Porong’s mining area, Sidoarjo has to get the concession based on the Cooperation Contract. (2) Concerning to the environmental damages and losses occured as the results of mining activities of PT. Lapindo Brantas, the company is obliged to take responsibility for whatever risks that may happen. Similiarly, the state should not escape from the consequences as the authority of mining which has the obligation to protect the interests and general welfare, in any attempt to use the natural resources for prosperity of the people as much as possible. Keyword: Environmental Law, Risk, Exploration and Exploitation