Control of the oil and gas (Migas) should exist at the state and nation Indonesia is carried out by the Government of the Republic of Indonesia. In fact, now Indonesia has always been rocked by rising world oil prices. And we have own oil. This is because we sell crude oil is too cheap. Then we bought it expensive. That, too, must go through intermediaries.
Statement delivered by K.H. Hasyim as Petitioner for judicial review as oil and gas law, in a plenary hearing in the Constitutional Court (MK), Tuesday (06/19/2012) afternoon. Fifth session of the case 36/PUU-X/2012 implemented by seven Constitutional Court justices, namely Moh Mahfud MD (Chairman of the Plenary), Achmad Sodiki, Harjono, Ahmad Fadlil Sumadi, Hamdan Zoelva, Muhammad Alim, and Anwar Usman.
Therefore, further Hasyim, the settlement must be reached starting from the root, which is how Indonesia could manage its own oil. Meanwhile, foreign and international parties should be fully in control of Indonesia. So that gradually we will control prices while expanding domestic oil drilling zones and oil resources. Thus, slowly this nation will be spared from the catastrophe as a result of rising world oil prices.
However, efforts in that direction seem to have problems, especially in the aspect of constitutional legality. Hasyim accused the oil and gas law that would ensnare the feet and hands us as a nation to manage our own right that has actually been mandated by the 1945 Constitution. Hasyim expect the Court to accept the petition of the applicant so that there is no longer powerless constitutional constraints impede the right of the state oil and gas management.
"When these things are the bottlenecks at both the formal judicial constitutional as we’re talking about here, then there is no consciousness of our lawmakers, while from the executive is also no political will to get there, then I fear the days of our nation will be heavier burden. And all the energy and our resources into the control of others, while we fight in their own country, "concluded the former chairman of the NU this.
Laughable suggestion
The fifth time this trial also heard expert testimony. Irman Putra Sidin in his capacity as an expert presented by the Petitioners began his statement with factual stories he encountered while on the way to the Constitutional Court. Irman had noticed a red plate car service was lined up in a no subsidized fuel pump. "This scene was pretty funny because right in the back window of the car with a tall and stout in writing that this car would have had a no subsidized fuel. Funny because on the one hand there is the suggestion for budget savings as well as energy saving, but the vehicles shall be required to buy a certain no subsidized fuel cost much more than the subsidized fuel, "said Irman story
Irman continued, the government can not prohibit any class people to buy products that are cheap and good quality. All social classes by the Constitution guaranteed the right to enjoy the fuel with good quality and reasonable price. "Therefore, this policy when the nervousness will require all official car, though old and dented fuel even to guzzling expensive, could be due to the legacy of the management of our energy away from the constitution, or because of our constitution that it should continue to be increasingly affirmed and clarified the management in this energy sector," said Irman.
Irman also cited the decision of the Court number 001, 021, 022/PUU-I/2003 on Testing Act 20 of 2002 on Electricity and decision No. 002/PUU-I/2003 Testing Act No. 22 of 2001 on oil and gas which he has laid the constitutional framework concrete economic systems is constitutional. In this decision, the concept of the phrase "occupied country", should be interpreted to include the meaning of control by the state in a broad sense, sourced and derived from the concept of sovereignty of the people of Indonesia for any cracked wealth, earth and water and natural resources contained therein.
It includes in it the sense of public ownership by the collectivity of the people above mentioned sources of wealth. People collectively constructed by the 1945 Constitution mandates the state to megadakan policies, measures the management, organization, management, supervision, for the purpose of overall prosperity of the people. Functions performed by the management by the state government with the authority to issue and revoke licenses facilities, licenses, and concessions. Regulatory functions performed by the state through the authority of the legislation by the House and together with the government, and regulation by executive. "Management functions performed by the mechanism of share ownership and / or through direct involvement in the management of state owned enterprises or state-owned legal entity as an instrument of state institutions through utilize the resources used that wealth to overall prosperity of the people," said Irman.
As we know, on Thursday (3/29/2012), the leader of Muhammadiyah with a number of mass organizations and national figures, applying judicial review oil and gas law to the Constitutional Court (MK). Referred to the mass organizations: Hizbut-Tahrir Indonesia Siyasiyah Standing Committee, Chairman of the Central Union of the Islamic Ummah, Islam Indonesia Syarikat Central Leadership, Leadership Centre / Lajnah Tanfidziyah Syarikat Islam, the Muslim Brotherhood’s central leadership Indonesia, Ershad’s central leadership of Al-Islamiyah, the Great Head of Youth Muslim Indonesia, Al Jami’yatul Washliyah, and Solidarity spokesman parking, street vendors, Entrepreneur, and Employees (SOJUPEK).
While the individual applicant, namely: K.H. Achmad Hasyim, H. Amidhan, Komaruddin Hidayat, Eggi Sudjana, Marwan Coal, Fahmi Idris, Moch. Iqbal Sullam, H. Ichwan Sam, H. Salahuddin Wahid, Nirmala Chandra Dewi M, HM. Ali Karim OEI, Adhi Massardi, Ali Mochtar Ngabalin, Hendri Yosodiningrat, Laode Ida, Sruni Handayani, Juniwati T. Masgehun S, Nuraiman, Sultana Saleh, Marlis, Silvia Fauziah Talib, King Faisal Sulaiman, Soerasa, BA, Mohammad Hatta, M. Sabil round, Edy Kuscahyanto, Yudha Ilham, Joko Wahono, Saputro Dwi Nugroho, AM Fatwa, Hj. Elly Zanibar Madjid, and Jamilah. (Rosihin Nur Ana / mh/Yazid.tr)
Wednesday, June 20, 2012 | 07:27 WIB 149