Abstract
Proportional distribution of authority arrangements in the management of Oil and Gas mining based on decentralization is needed to be able to optimize results and be of maximum benefit to the prosperity and welfare of the people both regionally and nationally. This research aims to: analyze the reasons for regulating mining authority for oil and gas management given to the Central Government Article 14 paragraph (3) of Law no. 23 of 2014 concerning Regional Government. The approach used is the statutory approach, the conceptual approach, and the philosophical approach. The results of this study show that there is no proportional distribution of authority in the management of decentralized oil and gas mining. Therefore, it is necessary to arrange the proportional distribution of authority between the central government and regional governments producing oil and gas.The act no. 23 of 2014 concerning Regional Government divides government affairs into 3 namely, absolute government affairs, concurrent government affairs, and general government affairs. Based on the Regional Autonomy Theory, the fields of energy and mineral resources are concurrent government affairs. Thus the affairs of energy and mineral resources including oil and gas mining are essentially authority which must be shared between the central government, provincial and district/city governments. Keywords: concurrent, proportional, central government, provincial and district/city governments. DOI: 10.7176/JLPG/94-09 Publication date: February 29 th 2020
Highlights
Local Government is given authority and authority according to the provisions of Act No 23 of 2014 concerning the Regional Government as amended by Act No 9 of 2015 concerning the Regional Government to achieve the goals of the Indonesian state
Decentralization, deconcentration, and co-administration are principles of governance in the framework of the Unitary State of the Republic of Indonesia, The proportional division of authority between the central government and regional governments to manage the oil and gas mining is carried out in synergy to create optimal results so that they can be utilized for the greatest prosperity and welfare of the people
The existing of absence of proportional authority arrangements between the central government and regional governments both provincial and municipality governments in terms of management of Oil and Gas mining creates injustice for the people of Indonesia in this case the reginal community / oil and gas producing city
Summary
Local Government is given authority and authority according to the provisions of Act No 23 of 2014 concerning the Regional Government as amended by Act No 9 of 2015 concerning the Regional Government to achieve the goals of the Indonesian state. Decentralization, deconcentration, and co-administration are principles of governance in the framework of the Unitary State of the Republic of Indonesia, The proportional division of authority between the central government and regional governments (provincial and municipality) to manage the oil and gas mining is carried out in synergy to create optimal results so that they can be utilized for the greatest prosperity and welfare of the people. The existing of absence of proportional authority arrangements between the central government and regional governments both provincial and municipality governments in terms of management of Oil and Gas mining (upstream business activities and downstream business activities) creates injustice for the people of Indonesia in this case the reginal community / oil and gas producing city. The injustice in question is the regional government which in essence has the authority to take care of selected governmental affairs that are concurrent (other than absolute government affairs and general government affairs)
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