State Control over Natural Resources in Indonesia: Implications of the<i>Oil and Natural Gas Law</i>Case of 2012

Butt, Simon; Siregar, Fritz Edward

doi:10.1080/02646811.2013.11435324

Cited by 4 publications

(3 citation statements)

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“…During the Soeharto era, Pertamina held monopoly power in all areas of the petroleum industry in Indonesia. In the area of upstream petroleum, the company served as licensor, supervisor, regulator and operator all at once (Butt & Siregar, 2013;Karim). Even though over 90% of Indonesia"s petroleum at this time was produced by private oil companies (World Bank), under the scheme of production sharing contract (PSC) and contract of work (CoW) these private companies in effect operated under the control of Pertamina and were subject to its directives.…”

Section: Results Discussionmentioning

confidence: 99%

Back to oil: Indonesia economic growth after Asian financial crisis

Iswahyudi

2016

ejem

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This paper examines the growth experience of Indonesia in the years before and after the Asian financial crisis. Particular attention is paid to the relationship between economic growth and petroleum sector"s total factor productivity (TFP). It finds the possibility that post-crisis Indonesian economic growth has "recoupled" with petroleum sector"s TFP -fluctuations in petroleum TFP is directly correlated with fluctuations in economic growth. Further, although keeping Indonesia"s petroleum sector open to fair competition should be the prime policy, the fact regarding resource nationalism might need to be taken into account in designing the policy to develop the productivity of Indonesia"s petroleum sector. AbstrakMakalah ini membahas pengalaman pertumbuhan Indonesia pada tahun-tahun sebelum dan setelah krisis keuangan Asia. Perhatian khusus diberikan untuk hubungan antara pertumbuhan ekonomi dan total factor productivy (TFP) sektor minyak bumi. Hasil penelitian ini mengungkapkan bahwa pasca krisis keuangan pertumbuhan ekonomi Indonesia adalah 'ditambah' dengan TFP sektor minyak bumi. Fluktuasi TFP minyak bumi berhubungan langsung dengan fluktuasi pertumbuhan ekonomi. Selanjutnya, meskipun kebijakan menjaga sektor minyak bumi Indonesia ini terbuka untuk persaingan yang sehat tetap harus dijadikan kebijakan utama, nasionalisme sumber daya mungkin perlu diperhitungkan dalam merancang kebijakan untuk mengembangkan produktivitas sektor minyak bumi di Indonesia.

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Section: Results Discussionmentioning

confidence: 99%

Back to oil: Indonesia economic growth after Asian financial crisis

Iswahyudi

2016

ejem

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“…It accepted the petitioners' evidence that the arrangement with BP Migas did not maximise public welfare. It also noted allegations against BP Migas for abuse of power and corruption (see Butt and Siregar, 2013). In short, this decision, along with the Court's other jurisprudence, strongly suggests that that Court believes privatisation is incompatible with the state's obligations under art 33 (see Butt and Lindsey, 2008;Venning, 2008).…”

Section: Informing the Justicesmentioning

confidence: 98%

Demand-Side Constitutionalism: How Indonesian NGOs Set the Constitutional Court’s Agenda and Inform the Justices

Nardi¹

2018

CILIS Policy Paper Series

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Since its creation in August 2003, the Indonesian Constitutional Court’s decisions have legalised the defunct PKI (Partai Komunis Indonesia, Indonesian Communist Party), mandated an open party-list election system, invalidated efforts to privatise the electricity and water sectors, and required the government to formally recognise indigenous faiths. This paper argues that non-government organisations (NGOs) have had a crucial and underappreciated impact in determining both which cases reach the justices, and the content of the Court’s final decisions. It finds that NGOs are responsible for bringing the majority of socioeconomic claims, resulting in some of the Court’s most controversial and far-reaching decisions. In addition, the justices are significantly more likely to quote petitions submitted by NGOs, meaning that the information NGOs include in their briefs is critical in shaping the justices’ understanding of the legal and policy issues at stake. These findings have important implications for rule of law projects in Indonesia. In particular, they underline the importance of demand-side reforms. Donors should consider improving the capacity of NGOs to detect and inform the Constitutional Court about rights violations. They should also consider investing in the research capacities of NGOs as the justices rely heavily upon the information they provide.

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“…113 Anticipating that judges would not fully comprehend this relatively new right, lawyers based their arguments on provisions that have become staples in the Court's decision making, such as Article 33 (which requires the state to control natural resources for the greatest prosperity of the people) and Article 28H(3) (which requires the state to recognize the rights of customary communities). 114 In this way, cases that are really about environmental management and sustainability have been dealt with using more general and widely used rights, simply because parties know that the Court has been receptive to them in past cases. The Court has, therefore, not been pushed to consider what the right to a healthy environment means or to what it entitles citizens.…”

Section: Avoiding Articles 28e and 29mentioning

confidence: 99%

Constitutional Recognition of “Beliefs” in Indonesia

Butt

2020

J. law relig.

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Constitutionally, Indonesia is a state “based on Almighty God,” but the Constitution does not specify any religions or belief systems. This is left to statute, which establishes six official religions that the state supports and helps administer: Islam, Protestantism, Catholicism, Hinduism, Buddhism, and Confucianism. But Indonesia is home to a rich kaleidoscope of other beliefs (kepercayaan), ranging from indigenous practices predating the arrival of many of the official religions to new age spiritual movements. The constitutional status of these beliefs is contentious, and their followers have long complained of government discrimination, primarily in matters of civil registration services, education, and employment. This reinforces the view, propounded by some adherents to official religions, that beliefs are inferior to official religions. This view, in turn, perpetuates the socioeconomic and cultural marginalization of belief-holders. In 2017, Indonesia's Constitutional Court was asked to examine the constitutional status of these beliefs. Its decision appears to constitutionally recognize these beliefs; accordingly, it has been heralded as an advance for religious freedom in Indonesia. Indeed, it has spurred limited administrative reforms to remove discrimination in several parts of Indonesia. But the Court's decision is muddled and inconsistent. It does not clearly establish that beliefs enjoy the same level of constitutional protection as do religions—if they are, in fact, constitutionally protected at all. The likely result is continuing faith-based discrimination and marginalization in Indonesia.

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State Control over Natural Resources in Indonesia: Implications of theOil and Natural Gas LawCase of 2012

Cited by 4 publications

References 0 publications

Back to oil: Indonesia economic growth after Asian financial crisis

Back to oil: Indonesia economic growth after Asian financial crisis

Demand-Side Constitutionalism: How Indonesian NGOs Set the Constitutional Court’s Agenda and Inform the Justices

Constitutional Recognition of “Beliefs” in Indonesia

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