The Constitutional Court (MK) grants partly the petition for Act 22/2001 on Oil and Gas. Constitutional issues reviewed in the oil and gas law is about: the status and authority of the Executive Agency for Oil and Gas (BP Migas), oil and gas cooperation contracts; phrase "organized through the mechanism of competition are reasonable, fair and transparent"; positions SOEs are not can no longer monopoly; ban union upstream and downstream, and KKS Notice to Parliament.
"Verdict, prosecuting, said that granting the petition of the applicant for the most part," said Chairman of the Constitutional Court Plenum Moh. Mahfud MD hearing the pronunciation of decision number 36/PUU-X/2012, Tuesday (13/11/2012) morning.
Court partially granted the petition, namely, Article 1 paragraph 23, Article 4 paragraph (3), Article 41 paragraph (2), Article 44, Article 45, Article 48 paragraph (1), Article 59 sub-paragraph a, of Article 61, and Article 63 oil and gas law that contradicts the 1945 Constitution has no binding legal effect. Stating the phrase "the Implementing Agency" in Article 11 paragraph (1), the phrase "through the Executive Agency" in Article 20 paragraph (3), the phrase "based on consideration of the Executing Agency and" in Article 21 paragraph (1), the phrase "Executive Agency and "in Article 49 of the Gas Act contravenes the 1945 Constitution that has no binding legal effect. Court further stated in the ruling of all things related to the Implementing Agency in Oil and Gas Company Act and contrary to the 1945 Constitution has no binding legal effect. Then BP Migas functions and tasks carried out by the Government, cq Relevant ministries, until the enactment of the new law governing it.
The trial verdict pronunciation is held by eight Constitutional Court judges, namely Moh. Mahfud MD (Chair Plenary), Achmad Sodiki, Harjono, Hamdan Zoelva, M. Akil Mochtar, Muhammad Alim, Maria Farida Indrati, and Ahmad Fadlil Sumadi. Harjono in this ruling has a different opinion (dissenting opinion).
Judicial review of materials filed by a number of oil and gas law of mass organizations (CBOs) and a number of national leaders (individuals). CBO is the leader of Muhammadiyah, Indonesia Lajnah Siyasiyah Hizb, the Central Union of the Islamic Ummah, the Central Executive Syarikat Islam Indonesia, the Central Executive / Lajnah Tanfidziyah Syarikat Islam, the Muslim Brotherhood Indonesia Central Leadership, Leadership Centre Al-Ershad Al-Islamiyah, the Great Leader Indonesian Muslim Youth, Al Jami’yatul Washliyah, Solidarity spokesman Parking, Merchants Street Markets, Entrepreneurs and Employees (SOJUPEK). Then the individual applicant is K.H. Achmad Hasyim Muzadi, 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, M. Adhie Massardi, Ali Mochtar Ngabalin, Hendri Yosodiningrat, Laode Ida, Sruni Handayani, Juniwati T. Maschun S, Nuraiman, Sultana Saleh, Marlis, Silvia Fauziah Talib, King Faisal Sulaiman, Soerasa, Mohammad Hatta, M. Sabil Raun, Edy Kuscahyanto, Yudha Ilham, Joko Wahono, Saputro Dwi Nugroho, AM Fatwa, Hj. Elly Zanibar Madjid, and Jamilah. (Nur Rosihin Ana / mh/Yazid.tr)
Tuesday, November 13, 2012 | 12:42 WIB 122