| dc.contributor.author | PUTRA, A | |
| dc.contributor.author | NASRULLAH, NASRULLAH | |
| dc.date.accessioned | 2017-08-02T03:56:09Z | |
| dc.date.available | 2017-08-02T03:56:09Z | |
| dc.date.issued | 2016-04-18 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/12396 | |
| dc.description | The development of mining activity in Indonesia is more rapid and useful. Yet, the
natural resources production still cannot fulfill the national interest of Indonesia.
However, Indonesia realize that they are limited in term of funding in the exploration
and exploitation of natural resources. By the reason, to run the activities, Indonesia
needs to cooperate with foreign parties, because in running a natural resources
management required a huge capital, advanced technology, experts and there is a high
risk as well. Therefore, to achieve the goal of the state, Indonesia obliged the foreign
investment to divest the shares to Indonesia which is regulated in Article 112 of Law
No. 4 of 2009 and Government Regulation No. 24 of 2012 which require foreign
companies to divest their share until 51%. However, A week before takeoff his
position as president, Susilo Bambang Yudhoyono enacted new Government
Regulation No. 77 of 2014 which cut the amount of shares that have to be divest by
foreign companies to Indonesia from 51% to only 30%. This legal research will
analyze the current regulation on divestment of share in Indonesian mining sector and
also analyze whether the current regulation on divestment of shares in line with
Article 33 paragraph (3) of 1945 Constitution on state control over natural resources.
This normative legal research come to the conclusion that the enactment of
Government Regulation No. 77 of 2014 is against the Article 33 of 1945 Constitution
which requires 'state control' over natural resources to ensure the greatest possible
prosperity of the people. In order to achieve the goal of the state which in line with
Article 33 of 1945 Constitution, the government of Indonesia have to be firm in
regulating the divestment of shares itself by regulate it in the Law level. Thus, the president cannot revise it easily and the legal enforcement of this regulation will be
more effective and efficient. | en_US |
| dc.description.abstract | The development of mining activity in Indonesia is more rapid and useful. Yet, the
natural resources production still cannot fulfill the national interest of Indonesia.
However, Indonesia realize that they are limited in term of funding in the exploration
and exploitation of natural resources. By the reason, to run the activities, Indonesia
needs to cooperate with foreign parties, because in running a natural resources
management required a huge capital, advanced technology, experts and there is a high
risk as well. Therefore, to achieve the goal of the state, Indonesia obliged the foreign
investment to divest the shares to Indonesia which is regulated in Article 112 of Law
No. 4 of 2009 and Government Regulation No. 24 of 2012 which require foreign
companies to divest their share until 51%. However, A week before takeoff his
position as president, Susilo Bambang Yudhoyono enacted new Government
Regulation No. 77 of 2014 which cut the amount of shares that have to be divest by
foreign companies to Indonesia from 51% to only 30%. This legal research will
analyze the current regulation on divestment of share in Indonesian mining sector and
also analyze whether the current regulation on divestment of shares in line with
Article 33 paragraph (3) of 1945 Constitution on state control over natural resources.
This normative legal research come to the conclusion that the enactment of
Government Regulation No. 77 of 2014 is against the Article 33 of 1945 Constitution
which requires 'state control' over natural resources to ensure the greatest possible
prosperity of the people. In order to achieve the goal of the state which in line with
Article 33 of 1945 Constitution, the government of Indonesia have to be firm in
regulating the divestment of shares itself by regulate it in the Law level. Thus, the president cannot revise it easily and the legal enforcement of this regulation will be
more effective and efficient. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | UNISZA, FATONI UNIVERSITY, IIUM, UMY YOGYAKARTA, UNIDA GONTOR | en_US |
| dc.subject | divestment, mining, Indonesia | en_US |
| dc.title | THE INCONSISTENCY OF THE REGULATIONS ON DIVESTMENT OF SHARES IN INDONESIAN MINING SECTOR | en_US |
| dc.type | Book | en_US |
