Kamis, 15 November 2012

President SBY : No Need to Worry, All Applicable Contract Permanent BP Migas


President SBY the responses Court verdict against BP Migas, at the Presidential Office on Wednesday (14/11) evening. (photo: abror / presidensby.info)

Jakarta: No need to worry, all agreements and contracts that have created the Executive Agency for Upstream Oil and Gas Business or BP Migas apply. "All work and activities as a form of cooperation oprasional BP Migas with investors continue to run as it should.'s No need to worry," said President Susilo Bambang Yudhoyono in a press conference following the decision of the Constitutional Court (MK) were dissolved BP Migas, in the Office of the President, Jakarta, Wednesday (14/11) evening.

In its decision on 13 November at 11.00 am, the Court assessed the presence of BP Migas has no legal provisions. President SBY see the implications this decision has created, which has raised concerns from many quarters about legal certainty and predictability of policies and regulations issued this country.

"If it is almost certainly not the business of any of the actors did not dare to undertake investments. If this is not soon I ambilalih, the issue of uncertainty could disrupt the actual investment climate today is in better condition," Yudhoyono said.

The President said that the issue is very sensitive, vulnerable, and easily lead to uncertainty in our country. "So the government obey the Court's decision to run had to implement rapid action, and regulation was issued because there should not be a single day of a vacuum," the President said.

President also explained that the demand for the production of domestic oil and natural gas continue to rise. "Going forward, the government will continue to increase the production capacity of oil and gas, especially gas," said the Head of State.

"The solution we tingakatkan ekspolarsi oil and gas, the investment should be good, it must be clear rules and who manage," the President added.

On this occasion, the President also invited investors from within the country to invest in various fields, in this case oil and gas, "Come to invest in our own country, because if not, certainly the economic power will not grow very well," said President .

"The time has come to increase investment in the country, we've got MP3EI. I invite SOEs and private, national and local, come build the economy in this country," Yudhoyono told.

At the end of his speech, the President reiterated there should be no anxiety over the dissolution of BP Migas. "I hope all those who are anxious and considers no more certainty in the investment climate in this country, I say do not like it," the President stressed. (Source: www.presidenri.go.id)

Government Keeping the Constitutional Court Questions Liquidation BP Migas


President SBY the responses Court verdict against BP Migas, at the Presidential Office on Wednesday (14/11) evening. (photo: abror / presidensby.info)

Jakarta: Government to obey the decision of the Constitutional Court (MK) related dissolution of Business Executive Agency for Upstream Oil and Gas (BP Migas). The President himself has issued a Presidential Decree (Decree) number 95 in 2012 to prevent a vacuum in the upstream oil and gas.

President Susilo Bambang Yudhoyono expressed this in a press statement responding to the decision of the Constitutional Court, at the Presidential Office on Wednesday (14/11) evening. The President vowed to obey the decision of the Constitutional Court which assesses the presence of BP Migas as having no legal provisions.

"I have no commentary, opinion, or analysis of anything except running with all my heart what has been the decision of the Court," the president said. Since no decision of the Court, further SBY, has developed a number of issues, including concerns from many quarters.

Government should immediately take the necessary measures in response to the decision of the Court and assuage growing concerns by issuing Presidential Regulation. 95 in 2012. This rule is intended to prevent the vacuum while providing certainty for the upstream oil and gas industry.

"In a regulation that I have published, in principle, we specify that the former BP Migas in this transition, as well as the decision of the Court, its position is under the Minister of Energy and Mineral Resources," the President explained.

"I've also ordered the Minister to audit, prior to fully live what BP Migas," Yudhoyono said.

Regarding anxiety former employee of BP Migas, the President said they remained in position, "Unless the position associated with the dissolution of BP Migas. Clerks and other employees remain in position and fixed function, can not be stopped," said SBY.

"Do not need no discomfort, activity will continue to refer the decision of the Constitutional Court, the government will carry out its obligations, especially in this period of transition until all seusatunya no better position," the President said.

Also present at the press conference by Vice President Boediono, Coordinating Minister for the Economy Hatta Rajasa, State Secretary Sudi Silalahi, Wacik Minister and Cabinet Secretary Dipo Alam. (Source: www.presidenri.go.id)

Rabu, 14 November 2012

Mahfud MD: BP Migas Narrated Dismissed from Court Decision

Chairman of the Constitutional Court (MK) Mahfud MD

JAKARTA - Chairman of the Constitutional Court (MK) Mahfud MD said Implementing Agency Oil and Gas (BP Migas) disbanded since the judge read the verdict of Act No. 22 of 2001 on Oil and Gas.

"Since at 11.00 am, Tuesday (13/11/2012) disbanded and all regulatory functions moved to the Ministry of Energy," said Mahfud, here on Tuesday.

For business contracts in progress and made with BP Migas, said Mahfud, valid until the end of contract. "Or in effect until a new agreement was held," said Mahfud.

As is known, the Constitutional Court decided that section governs the duties and functions of the Executive Agency for Oil and Gas (BP Migas) is regulated in Law Number 22 of 2001 on Oil and Gas contrary to the 1945 Constitution and has no legal binding.

"The functions and duties of the Executive Agency of Oil and Gas implemented by the Government, represented by the Ministry concerned, until the enactment of the new law governing it," said Chief Justice Mahfud MD, when reading the verdict testing oil and gas law on Tuesday.

The Court stated the phrase "by the Executive Agency" in Article 11 paragraph (1), the phrase "through the Executive Agency" in Article 20 paragraph (3), the phrase "based on consideration of the Executing Agency and" in Article 21 paragraph (1), the phrase "Board Implementing and "in Article 49 of the Gas Act 1945 and contrary to the Constitution has no binding legal effect.

"The whole thing is related to the Implementing Agency in Oil and Gas Company Act and contrary to the 1945 Constitution has no binding legal force," said Mahfud.

The Court also stated Article 1 paragraph 23, Article 4 paragraph (3), Article 41 paragraph (2), Article 44, Article 45, Article 48 paragraph (1), Article 59 sub-paragraph a, of Article 61, and Article 63 against the Oil and Gas Law 1945 Constitution and have no binding legal effect.

Subject to the decision of the Constitutional Court

In response to the decision of the Constitutional Court, the Coordinating Minister for Economic Affairs (Minister) Hatta Rajasa said, "The decision of the Constitutional Court asked the Ministry of Energy to continue to perform the functions that existed at BP Migas, so that the inherent perminyakaan industry should still be running, therefore meeting had decided not to be a vacuum, because there must be legal certainty. "

Hatta said the government would have to submit to the decision of the Court because the Court's decision is final and binding binding, therefore Coordinating Minister Hatta Rajasa further, the Court's decision could be the basis of our legal framework to remove the product immediately the law so that all functions can continue to run in under the Ministry of Energy.

"The important thing for us is, there can be no doubt, there should be no legal vacuum, all must go, these functions have to keep going, because the investment climate we have to keep our guard, we are committed to continuously improving our production, our oil and gas and managing our upstream sector, exploration and production in accordance with the goals and objectives that have been defined, "added Minister.

Decision of the Constitutional Court did not affect the Minister for contracts that have been made. "Everything is still running, there is not anything that resulted in doubts, companies which still runs as it should, still producing, still legal, because there is not anything cause they can not be stopped and stalled efforts to continue the exploration and production," Hatta added.

In line with the Minister of Economy, Minister of Energy and Mineral Resources stated, "All the functions available on the BP Migas returned to the Ministry of Energy and Mineral Resources, so the function. So everything works as before. All existing contracts to run as usual, I'm
Sharing Contract calm, as usual, only the functions that control BP Migas just going back to the Minister of Energy and Mineral Resources ".

Court Decision Affects Oil and Gas Contract Status

Decision of the Constitutional Court (MK) that the presence of BP Migas unconstitutional taken lightly Head of BP Migas, R. Priyono. Priyono, where BP Migas is a mandate of reform set out in the Gas Act number 20 of 2001.

"If you want to return to the pre-reform, yes please," said Priyono told reporters on Tuesday (13/11), in the complex of the MPR / DPR, Senayan Jakarta.

Court decision could have an impact on a variety of foreign work contracts in the mining sector. Priyono stated investment in oil and gas sector could be deemed invalid illegal alias. "The impact of the signed contract to BP Migas is not legal," said Priyono.

When asked who the party can change the position of
 BP Migas in various mining contracts, Priyono said they did not know. Priyono invited reporters to the question submitted to the Minister of Energy and Mineral Resources, Wacik.

In the same place Wacik claimed to have read the whole decision of the Constitutional Court about BP Migas. Jero said the government has not been able to take decisions related to the Constitutional Court.

While a government will consider investing in the oil and gas sector that adds state finances. "We must examine all the possibilities for the interests of the country. We do not want to rush to speculate," said Jero. (Source: Kompas.com / www.esdm / republika.co.id)