Legislators want House to have rights to approve oil and gas contracts

Several legislators have filed a petition to the Constitution Court to review the Oil and Gas Law No. 22/2001 in order to give rights for the House of Representatives to accept or reject the oil and gas contracts signed by the government.

 

The legislators that filed the petition for a material review of the law are Zainal Arifin, Sonny Keraf, Alvin Lie, Ismayatun, Hendarso Hadipramono, Bambang Wuryanto, Drajdad Wibowo and Tjatur Sapto Edy.

 

In a hearing on Wednesday, lawyer Januardi S. Haribowo who represented the legislators told the court that the law’s clause stating “all cooperation contracts that have been signed should be informed to the House through a written report” was in conflict with the nation’s 1945 Constitution.

 

According to the lawyer, rather than only informing the House about the contracts, the government should ask for the House’s approval for the contracts, particularly those given to foreign contractors.

 

The legislators insisted that oil and gas contracts awarded to foreign contractors are a kind of international agreements. As such, they need approval from the House.

 

Thanks to the law, the legislators had lost their “constitutional rights” to approve or disapprove the contracts, the lawyer said.

 

In his response, Minister of Energy and Mineral Resources Purnomo Yusgiantoro said during the hearing that oil and gas cooperation contract was a domain of civil law regime, while international agreement is a domain of public law regime.

 

“Therefore, it is not right to say a cooperation contract is an international agreement that needs approval from the House,” Purnomo said.

 

Purnomo called the legislators the filed the petition as having “ambiguous” and “inconsistent” behavior as they were part of the House that had produced the law.

 

The court will hold another hearing before making a decision whether to accept or reject the petition. (Bernard)