STATUS KONTRAK KARYA ANTARA PEMERINTAH INDONESIA DENGAN PT. FREEPORT INDONESIA SETELAH TERBITNYA PERATURAN PEMERINTAH NOMOR 1 TAHUN 2017 TENTANG PELAKSANAAN KEGIATAN USAHA PERTAMBANGAN MINERAL DAN BATUBARA

Japutra, Ricky Tandy (2019) STATUS KONTRAK KARYA ANTARA PEMERINTAH INDONESIA DENGAN PT. FREEPORT INDONESIA SETELAH TERBITNYA PERATURAN PEMERINTAH NOMOR 1 TAHUN 2017 TENTANG PELAKSANAAN KEGIATAN USAHA PERTAMBANGAN MINERAL DAN BATUBARA. STATUS KONTRAK KARYA ANTARA PEMERINTAH INDONESIA DENGAN PT. FREEPORT INDONESIA SETELAH TERBITNYA PERATURAN PEMERINTAH NOMOR 1 TAHUN 2017 TENTANG PELAKSANAAN KEGIATAN USAHA PERTAMBANGAN MINERAL DAN BATUBARA (ii, 9). pp. 1-9.

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Abstract

Mining business which is implemented by foreign investors, is based on Contract of Work, not concession. Contract of Work according to Article 1338 Indonesian Civil Code is enforced as Law for many party. Meanwhile, in order to realize the prosperity of the citizen, government demands Contract of Work submit to Law number 1 of 2017 which has been changed into Government law number 8 of 2018. The main problem in this research would be, according to PTFI, Contract of Work would not be submit to the Law number 8 of 2018, whereas in research conducted by the writer, the phrase which lied on Article 1388 Indonesian Civil Code “ enforced as Law for many party “ doesn’t have to be interpreted as Contract of Work literally same meaning to the Law. Moreover, Contract of Work occurred as Law for both party as it is not in contradiction with Article 33 of Constitution of 1945 which confirms Mining and Field are managed by government for the prosperity of the people. People’s prosperity constitute the highest interest that must not be ruled out by the existence of the Contract of Work. The writer recommends government to follow up the diversion of the Contract of Work into IUPK for the activities of mining business PTFI in Indonesia and government should revise the Law number 4 of 2009 About Mineral and Coal Mining to confirm government position as mandate holder in Article 33 verse 3 of Constitution of 1945 in Mining field.

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