KONTRAK BAGI HASIL PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 002/PUU-1/2003 ATAS PENGUJIAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI DENGAN DICABUTNYA KUASA PERTAMBANGAN DARI BADAN USAHA (BU) BENTUK USAHA TETAP (BUT)

The objective of this study is to determine the legal basis of Production Sharing Contracts (PSC) in the oil and gas industry after the verdict of the Constitutional Court for judicial review of Oil and Gas Act, with the revocation of Mining Authority from Business Entity (BE)/Permanent Establishment (PE), and examine the validity of the PSCs signed after the said verdict. In addition, this study also intended to examine the legal rules in the related PSC, and make a detail research about the function and role of Government in the PSC. This study used the normative approach by examining the Act No. 22 of 2001 on Oil and Gas (Oil and Gas Law) and oil and gas production sharing contract documents after the decision of the Constitutional Court. The research method is inductive - deductive, which carried out a descriptive analysis of qualitative data on PSCs signed after the Constitutional Court's verdict with the revocation of Mining Authority from BE/PE. The analysis has also conducted on the legal provisions in the PSCs related to Mining Authority issue, as well as the role of the Government of Indonesia in the PSC. As a result of the enactment of the verdict of Constitutional Court No. 002/PUU-I/2003 in 2005, BE/PE. who signed PSC no longer has authority over Mining Authority. However, this condition does not eliminate the legal basis of the PSC. In the PSC, The Government of Indonesia and BE/PE regulate a certain actions in managing oil and gas industry in Indonesia by conducting a cooperation in the exploration and exploitation activities. Without giving the Mining Authority to BE/PE, the cooperation in the exploration and exploitation activities between BE/PE and the Government of Indonesia represented by Minister of Energy and Mineral Resources and BPMIGAS, in form of PSC, become a public dimension of business contract, and as a contract, PSC has complied the four elements of validity of contract terms under Indonesian law. The PSC has also contained the complete terms and conditions that must exist and has outlined the function of control and supervision of the Government of Indonesia on Mining Authority