Petitioner Argues Regulation of Oil-Gas Business Activities Unconstitutional
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Syukur Destieli Gulo, counsel for the Petitioner of the Job Creation Law, presenting the revised petition against the Oil and Gas Law, Wednesday (6/24/2026). Photo by MKRI/Panji.


JAKARTA (MKRI) — Syafi’i Al Ma’ruf, Petitioner in Case No. 194/PUU-XXIV/2026 on the material review of Law No. 22 of 2001 on Oil and Gas, as amended by Article 40 of Law No. 6 of 2023 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation as Law, presented the revisions to his petition. He specified the object of the petition to Article 2 of Law No. 22 of 2001 against Article 33 paragraph (4) and Article 28D paragraph (1) of the 1945 Constitution.

“Now the object is specifically Article 22 of Law No. 22 of 2001,” said Syukur Destieli Gulo, counsel for the Petitioner, at the petition revision hearing for on Wednesday, June 24, 2026 in the courtroom.

In addition, the Petitioner revised the sections concerning the Court’s authority, the Petitioner’s legal standing, the grounds of the petition (posita), and the petitum. In the posita section, he elaborates on the 1945 Constitution as an economic constitution.

The Petitioner argue that, according to first chief justice of the Constitutional Court Jimly Asshiddiqie, as a constitution in the field of economics, the 1945 Constitution must be placed in the highest position within the national economic policy framework. All economic policies embodied in legislation must conform to and may not contradict the Constitution as an economic constitution.

A statute regulating economic policy that is deemed contrary to Article 33 of the 1945 Constitution may therefore be subject to judicial review before the Constitutional Court. According to the Petitioner, any economic policy regulated by statute that is inconsistent with Article 33 of the 1945 Constitution must be declared unconstitutional.

The Petitioner argue that Article 2 of Law No. 22 of 2001 constitutes a foundational principles provision that is not aligned with the principles of the national economy formulated in Article 33 paragraph (4) of the 1945 Constitution. The principles set out in Article 2 of Law No. 22 of 2001 also do not reflect the principles of economic democracy, that is togetherness, efficiency with justice, sustainability, self-reliance, and the maintenance of a balance between progress and national economic unity.

According to the Petitioner, the discrepancy between the principles on oil and natural gas business activities as set forth in Article 2 of Law No. 22 of 2001 and the principles of economic democracy mandated by Article 33 paragraph (4) of the 1945 Constitution demonstrates that the regulation of oil and natural gas business activities is not based on the spirit of economic democracy aimed at achieving the greatest possible prosperity of the people, as required by Article 33 paragraph (4) of the 1945 Constitution. Moreover, the legal basis for the enactment of Law No. 22 of 2001, as stated in the “considering” section, item 1, of the Law a quo, does not cite Article 33 paragraph (4) of the 1945 Constitution.

Also read: Ambiguity of Oil-Gas Prices Called into Question

The Petitioner challenges Article 2 of Law No. 22 of 2001, which provides: “The implementation of Oil and Gas business activities under this Law shall be based on the principles of people-oriented economy, integration, benefit, justice, balance, equitable distribution, common prosperity and welfare of the people at large, security, safety, and legal certainty as well as environment-oriented operation.” Meanwhile, in the petitums, he requests that the Court declare Article 2 of Law No. 22 of 2001, as amended by Article 40 of Law No. 6 of 2023, unconstitutional and not legally binding.

The petition was heard by a panel consisting of Constitutional Justices Enny Nurbaningsih (chair), Ridwan Mansyur, and Asrul Sani. Before adjourning the session, Justice Enny stated that the petition would be brought before the other constitutional justices through a deliberation session.

Explore Case No. 194/PUU-XXIV/2026 (in Indonesian).

Author         : Mimi Kartika
Editor          : N. Rosi
PR               : Fauzan Febriyan
Translator     : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.


Wednesday, June 24, 2026 | 17:02 WIB 47