THE IMPLEMENTATION OF CONSTITUTIONAL COURT DECISION IN THE JUDICIAL REVIEW OF LAW NUMBER 22 YEAR 2001 CONCERNING OIL AND GAS FOLLOWED BY PRESIDENTIAL REGULATION

Muhammad Yaasiin Raya 1 , Abdul Razak 2 and Marwati Riza 3 . 1. Graduate School, Faculty of Law, Hasanuddin University. 2. Faculty of Law, Hasanuddin University. ...................................................................................................................... Manuscript Info Abstract ......................... ........................................................................ Manuscript History


…………………………………………………………………………………………………….... Introduction:-
The Constitution of the Republic of Indonesia of the third amendment result has affirmed that the state of Indonesia is a state law. This norm is meaningful in the Republic of Indonesia, law is the lifeblood of all aspects of life. 1 Therefore, the order of life of the people, nation and state must be guided by legal norms. 2 The law should be placed as the highest reference in the whole process of state administration. 3 In such a context, the state places the law as the basis of state power and the exercise of that power in all its forms is exercised under the rule of law. Logical consequence, the entire system of state administration must be based on the ISSN: 2320-5407 Int. J. Adv. Res. 6(1), 1325-1333 1326 constitution. 4 The administration of the state delegated to the state organs must proceed in accordance with the legal corridors prescribed by the constitution. 5 Shortly, every administration of state or government power is always awakened by and grounded in the principles and provisions of the constitution.
Post amendment of the Constitution of the Republic of Indonesia for four times (1999)(2000)(2001)(2002), the constitution of Indonesia has changed principally. Started from the regulation of the principle of people's sovereignty, the application of Trias Politica consequently to the system of separation of powers and checks and balances in the implementation of state administration. It is marked the sovereignty of the state has fully been on the people, previously mandated to the People's Consultative Assembly. The shifting power of legislators from the President (executive), to the House of Representatives (legislative). Meanwhile, changes to the previous judicial powers are fully exercised by the Supreme Court. However, currently some judicial powers are implemented by a new institution namely the Constitutional Court as the guardian of constitution.
The main purpose of the establishment of the Constitutional Court in Indonesia is to ensure that there are no laws which contra to the Constitution of the Republic of Indonesia. Any law made in order to provide legal arrangements for the public shall not be contradictionary to the constitution as the supreme law of the State. 6 That is why, the Constitutional Court is said to be the guardian of the constitution and the sole and binding interpreter of the constitution. 7 The authority of the Constitutional Court under article 24C paragraph 1 of the Constitution of the Republic of Indonesia and Article 10 paragraph 1 sub-paragraph a of Law Number 24 of 2003 as amended by Law Number 8 of 2011 on the Constitutional Court authorized to test the law against the Constitution. With that authority, the Constitutional Court may examine and even invalidate a law if it is believed to be contrary to the Constitution. If contradictory, the Constitutional Court Judge gives a final and binding decision stating that some of the material or the whole of the law can be declared no longer in force of binding to the public. Consequently, all parties must obey with changes in the legal circumstances created through the decision of the Constitutional Court and implement it.
Although the authority of the Constitutional Court is to examine and cancel the law if it is believed to be contrary to the constitution. However, facts show that final and binding decisions are often not responded positively by other state agencies. 8 This shows that any decision of the Constitutional Court even if final and binding will always be problematic at the time of implementation of its decision. 9 The Constitutional Court ruling often shows a distinction between the stage of reading and implementation of the final decision so that the final decision, the Constitutional Court Decision will only have a symbolic power that is limited to decorate the news sheets of the country.

Method of the Research:-
This research is legal juridical normative research. Normative legal research or also called literature research is "Legal research conducted by examining the library materials or secondary data only". 11 The source of secondary legal material used in this writing is a Scientific Work in the form of a thesis or dissertation, especially in terms of views or forms of analysis of the Constitutional Court Decision followed up by Presidential Regulation. Books, Literatures, legal journals and writings in particular relating to Decisions of the Constitutional Court which are followed up by Presidential Regulation.

Results and Discussion:-The Law Power of The Constitutional Court's Decision In The Tests of Law Number 22 Year 2001 Concerning Oil and Gas:-Final Strength and Binding Decisions of the Constitutional Court:-
The final nature of the Constitutional Court's decision refers to the desire to immediately realize legal certainty for justice seekers. Therefore, since the judgment of the Constitutional Court's judgment, the decision has been enforced (in kracht) so that there is no longer any access for the parties to pursue other legal measurements. That is, since the verdict coming out, it is valid and immediately to be executed. The nature of the decision of the Constitutional Court is nothing but it is an attempt to maintain the authority of constitutional court. Because, if the constitutional court accommodates the existence of legal restructuration, it is no different from the general court. In general courts usually cases that have been decided will be re-submitted advanced legal efforts, it will take a long time until the 1328 case is completed. Consequently, the parties will be hostages, either time, energy, or cost. Of course, this is contrary to the principle of judicial law is done simply, quickly and lightly, as is the case in the Constitutional Court. 12 As a legislative decision (negative legislator), the nature of the final Constitutional Court ruling binds on all parties, whether citizens or state institutions in Indonesia. 13 The Parties shall accept whatever the Constitutional Court ruling means. For the disadvantaged, technically jurisdiction can only accept these empirical facts in accordance with the provisions of the law for the settlement of the petition for judicial review of the law through the Constitutional Court.
Thus, despite the fact that the Constitutional Court ruling is final and binding, the empirical facts show that not all final and binding decisions may affect parliament and other state institutions (non-judicial actors). That is why the existence of regulations governing the authority and legal consequences of the final decision of the Constitutional Court, does not necessarily have real implications for the application of its verdicts, which in Indonesia may be perceived as non-binding. According to Syahrizal,

The Executorial Power Decisions of the Constitutional Court:-
The decision of the Constitutional Court which has a permanent legal force generally can be executed so that it can be called as having executional power. The verdict which has the executorial power is a verdict which expressly establishes its right and law to be realized through execution by state instrument. 15 therefore, the decision of the Constitutional Court is not sufficient only to bind, but also must be enforceable. According to the provision of Article 57 paragraph (3)  In the perspective of implementation, the final and binding decision on reality is not the only conclusive solution to the legal dispute argued by the applicant. In other words, the final decision also serves as a guide for determining the future legal development directions. This factor proves that the actual implementation of the final decision requires synergic cooperation between institutions and state apparatus. as long as the cross-institutional cooperation and the state apparatus has not been reached, we do not expect much from the application of the final decision of the Constitutional Court, and undoubtedly the verdict is only a symbolic power that adorns the State News. While in Article 33 Paragraph (4) of the Constitution of the Republic of Indonesia affirms that the national economy must be run on the principle of economic democracy. "The national economy is organized on the basis of economic democracy with the principles of togetherness, fair efficiency, sustainability, environmental insight, independence and by maintaining a balance of progress and national economic unity".

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The impact is very clear, the formulation of articles or provisions on legal norms in the Presidential Regulation that is contradictory to the higher regulations. The philosophical foundation that should be fully accommodated in Presidential Regulation Number 55 of 2005 on Retail Price of Domestic Fuel Oil, in essence, can't be implemented properly. This is evident from the existence of some mistakes and imperfections to the material content and technical preparation that not in line with the guidelines and provisions as regulated in Law Number 12 Year 2011 on the formation of legislation.
As in the hierarchy theory of legislation where there is a theory called Stufenbau theory. 16 According to Hans Kelsen the legal norms are tiered and layered in the hierarchy of order. A lower norm applies, sourced and based on other higher norms. the higher norms are valid, sourced and based on other higher norms. 17 Thus the norm applies, is sourced and applies to other higher norms to a norm that can not be traced again because of the hypothetical and fictitious nature of the so-called Basic Norms (Grundnorm) and determined by the society preceding (pre- Unit for Upstream Business Activities Oil and natural gas as a manager of upstream oil and gas activities shows that the government has inconsistencies in the management of oil and natural gas nationally. The replacement of the Oil and Gas Executing Agency which has been declared unconstitutional by the Constitutional Court to the Special Unit of oil and gas does not alter substantially the national oil and natural gas management system. The only difference we can find is the concept of the Supervisory Commission in a special unit of Oil and Gas that is less influential on the renewal of national oil and gas governance. The Special Unit of Oil and Gas conceptually doesn't appear to be different from the oil and gas implementing body where the formation of special oil and gas working units has the potential to increase the level and inefficiency of oil and gas management. The existence of the special Oil and Gas working unit clearly ignores the legal considerations of the Constitutional Court decision to be potential is called unconstitutional. The functions owned by the oil and gas working unit together with the function of the Oil and Gas Executing Agency must show for the the treatment of national oil and gas governance will be maintained. While such a function has been recommended not to be used again. Based on the regulations issued by the government related to the national oil and gas management further post the dissolution of the Oil and Gas Executing Agency by the Constitutional Court, to the Special Unit for Oil and Gas. It is seen from the regulation which has been issued of no difference between Oil and Gas Executing Agency, Temporary Working Unit of Oil and Gas Executor and Special Unit of Oil and Gas, the name of institution is different, however task, function, funding organization, asset, and personel are still the same. This means the government has not seriously improved the governance of oil and gas. Can be seen in the table below: This shows that the error of oil and gas regulation implemented by the Oil and Gas Executing Agency is repeated by the Oil and Gas Special Unit. so the development of the arrangement can be said to be invalid. Thus, the Oil and Gas Special Working Unit is a failure again in oil and gas management. in the end the formation of special working unit of oil and gas is also inseparable from unscrupulous executor of business and unscrupulous government which becoming point of problem of oil and gas regulation. The formation of a special oil and gas working unit which becomes an extension of the government as a representation of the state's domination of national natural wealth doesn't show any significant change in the national oil and gas management. The existence of the current Special Oil and Gas Working Unit when analyzed in the constitutional aspect, the position of the Oil and Gas Special Unit will be unconstitutional. This writer can describestarted from the reuse of article content that has been decided by the Constitutional Court is contradictory to the Constitution of the Republic of Indonesia on the rules for the formation of the Special Unit for Oil and Gas.  (1) which has been declared on the contrary to the Constitution. While on the other hand, if one rule is declared that the content of paragraphs, chapters and/or paragraphs of the tested law have no longer binding legal force, then the content of paragraphs, articles and/or parts of the law being tested shall no longer be enacted. This clearly shows that the government has been counter productive to the decisions issued by the Constitutional Court.

Conclusions:-
Final Strength and Binding Decisions the Constitutional Court has obtained a permanent legal force since the verdict was pronounced and no legal remedy can be taken, and not only applied to parties but applied to all citizens. The Executorial Power the Constitutional Court's decision is the power to evaluate what is imposed in the decision by the means of the state. Law Implications the Presidential Regulation on the Constitutional Court Decision lies with the decision of the Constitutional Court declaring that Article that is tested in Law Number 22 Year 2001 regarding Oil and Natural Gas is contradictory to the Constitution of the Republic of Indonesia and has no binding legal force, should be followed up with actions. However, the fact that the Constitutional Court Decision is followed up by Presidential Regulation.