UNS – An intense yet satisfying day was passed by the President Director of PT. Pertamina Hulu Indonesia (PHI), Bambang Manumayoso in the Promotion Session of the Law Doctoral Degrees of Law faculty (FH) of University of Sebelas Maret (UNS) Surakarta, Friday (12/20/2019).
In the Promotion Session which was held in the Meeting Room II of UNS dr. Prakosa Building, Bambang Manumayoso presented his dissertation entitled ‘Model of Fiscal-Term Regulation of the National Oil and Gas Based on Pancasila Justice’ by containing doctrinal legal research and analysis using deductive syllogism by drawing conclusion through major and minor premises.
The purposes of his dissertation are to find out and to analyze the arrangements or the implementation of the national oil and gas fiscal-term whether they are already in accordance with the principles of Pancasila justice and to develop a model of Pancasila-based national oil and gas fiscal-term regulation.
“Indonesia believes in the concept of popular sovereignty as the source of authority is on people. Therefore, it urges to trace the relationship between the constitution and the implementation of popular sovereignty in the state government management based on a system of Indonesian economic,” said Bambang Manumayoso.
Bambang added that tracing the correlation between the constitution and the implementation of popular sovereignty could be seen in Article 33 of the 1945 Constitution (UUD) which emphasizes the management of the natural resource sector in Indonesia.
Furthermore, Bambang explained that the regulation of the state Production Sharing Contract (PSC) prioritized the principle of a minimalist state. In this position, the state does not act as an operator so the control to the state becomes infirm. In addition, the distribution of benefits is more likely to be enjoyed by contractors.
The issuance of Ministerial Regulation (Permen) Year 2017 regarding PSC with Gross Split scheme needs to be criticized, among them is the idea of Gross Split that has shifted the pattern of oil and gas enterprises. Whereas, back then PSC was constructed to intermediate between liberal concession and state-centric service contract.
“Due to the reason that sovereignty concession was abandoned and declared unconstitutional by the Constitutional Court Decision (MK) Number 002 / PUU-I / 2003 and the MK Decision Number 36 / PUU-X / 2012,” Bambang continued.
At the end of the Doctoral Promotion Session, Bambang was declared to pass with praise by eight examiners who were the UNS Rector, Prof. Jamal Wiwoho, S.H., M.Hum and Director of UNS Postgraduate Program, Prof. Drs. Sutarno, M.Sc., Ph.D. His graduation in the Doctoral Promotion Session placed Bambang Manumayoso as the 572th UNS Doctor and 110th UNS Doctor of Law Science. Humas UNS/Yefta/Try