Dosen Unhas Mempresentasikan Makalah Di Nus, Singapore

Dosen Unhas Mempresentasikan Makalah di NUS, Singapore

Prof. Dr. Marcel Hendrapati, SH, MH dan Dr. Maasba Magassing, SH, MH, Dosen pada Departemen Hukum Internasional Fakultas Hukum Unhas telah mempresentasikan Makalah pada International Conference di National University of Singapore pada tanggal 21 Juni 2018

Berikut Abstrak Makalah yang telah dipresentasikan.

Prof. Dr. Marcel Hendrapati
International Law Department, Faculty of Law, Hasanuddin University, Indonesia

Title of Paper: The Offshore Installation Removal Based on Indonesian Regulations (Legal Brief).

NUS Law, Level 5, Seminar Room 5-5, Parallel Breakout Session (1.30 pm to 3.00 pm). Thursday, June 21, 2018

Article 2 of the Ministry Regulation Number 01 Year 2011 states that the removal of offshore installation is exercised if the offshore installation is not used any more or will be used again for activities of oil and gas exploration and exploitation in another location. The removal of offshore installation must be conducted by applying technological devices which meet Indonesian national standard, regional standard or international standard and by applying a technical rule that is good and fulfills the work safety aspect, working health and environment preservation. The removal is carried out by the Contractor of Joint Work Contract, called Kontraktor Kontrak Kerja Sama (“KKKS”), after the contractor obtains an approval from the Director General of Oil and Gas (Dirjen Migas). For the purpose of gaining the approval, KKKS has to submit an application to Director General of Oil and Gas, including a document of offshore installation removal planning. The Director General of Oil and Gas begins evaluating the document of the removal planning within thirty working days after the complete document is received. During the evaluation, KKKS has to make a presentation of the removal planning document. Afterwards, the document is certified as complete and correct. In at most ten working days, the Director General of Oil and Gas gives an approval for offshore installation removal. This approval is valid for only three years. The approval is no more valid if the planning mentioned above is changed or is not exercised within 3 years of commencing the removal of the installation. In carrying out the dismantling of offshore installation, KKKS is obliged to use a dismantling officer with appropriate competence and qualification or utilize the services of national companies that have obtained Certificate of Registration from the Director General of Oil and Gas.  Before carrying out the demolition, KKKS has to disseminate the dismantling, transfer and transport plans to the public and related agencies, install navigation signs around the demolition site, and ensure that all wells are permanently closed in conformity with the Indonesian National Standard.

In addition, KKKS has to confirm that all infrastructures connected to the offshore installation have been disconnected and that all piping systems and other equipment are free of hazardous and toxic materials. After the dismantling process, KKKS must place the dismantled materials in the approved storage location and clean the seabed to remove the remnants of the dismantling work or derivatives of past production activities with a minimum coverage of clearance area in accordance with the prohibited area with a radius of 500 meters. Also, KKKS must ensure safety, health and environmental management at the time of the dismantling or removal and storage of offshore installation materials.It is stipulated as well that the Director General of Oil and Gas shall conduct guidance and supervision on the implementation of offshore installation disposal in accordance with the provisions of the law. KKKS shall submit a report to the Director General of Oil and Gas concerning the implementation of the installation removal no later than 14 days after the demolition activity is completed. Based on technical evaluation of the report, it may be accepted. Within 30 working days after receipt of the report, the Director General of Oil and Gas should issue a site clearance certificate.


Dr. Abdul Maasba Magassing
International Law Department, Faculty of Law, Hasanuddin University, Indonesia

Title of Paper: International Criminal Law and Indonesian Perspective

NUS Law, Level 5, Seminar Room 5-4, Parallel Breakout Session (1.30 pm to 3.00 pm). Thursday, June 21, 2018


The framework of international human rights law is primarily based on States being legally obliged to protect human rights within their territory. If violation of human rights occurs then the State is responsible. However, in some instances, individuals are directly responsible for violations of human rights. This occurs in the area of international (criminal) law, for which there is usually universal jurisdiction.

In international forum, Indonesia was one of the states which attracted public attentions in the implementation and protection of human rights. Indonesia has not decided any decision towards Rome statute which was ratified and entered into force 1 July 2002. However, the Republic of Indonesia has taken anticipative and preventive actions to solve various problems relating to the implementation and the protection of the international human rights and other international crimes that might occur in Indonesia. Those anticipative actions were realized through the establishment of National Commission of Human Rights in 1993 and the enactment of Human Rights Law of the Republic of Indonesia Number 39 Year 1999 and Law of the Republic of Indonesia Number 26 Year 2000 of Human Rights Court. In short, through the prevention actions as described above, Indonesia has participated in preventing the international crimes especially crimes against humanity.


"The Real Impact of Natural Resources Corruption on Human Rights”

Laode M Syarif, Ph.D

Indonesia is blessed with very rich natural resources: gold, copper, nickel, coal, bauxite, oil and gas, geothermal, rain forest, various fish species and many others. Yet they fail to generate wealth for the welfare of the people and has become a ‘curse’ to the nation as the extraction of these natural resources leave irreversible damages to the environment and displace many people and communities, while channelling the revenues to only a small number of people.
A recent study by the Indonesian Corruption Eradication Commission (better known as KPK) discovered that during 2011-2016 there were more than 5,000 natural resources ‘illegal licences’ operating throughout Indonesia with different degrees of illegality. Some of the findings are:
• 90% of licence holders do not report on their mining activities;
• 90% licence holders do not pay their obligatory reclamation and post-mining rehabilitation deposits;
• 1,850 license holders do not have a tax file number;
• Some of these licence holders are operating within more than 6 million hectares of conservation and protected forests;
• The amount of un-collected Non-Tax Revenue in mining sector has reached IDR 23 Trillion (+USD 2 billion).
 
The real impact of mismanagement and rampant corruption practices in natural resources extraction has caused serious damage to the environment and prolonged suffering of people who live around mining, logging, and big plantations. World Bank study concluded an increase number of inequality among Indonesian as 10 percent of the richest controlled more than 70 percent of the national wealth and resources. (WB, Indonesia’s Rising Divide, 2016). In short, rampant corruption has prevent the fulfilment of basic human rights of Indonesians as around 40 million of its population are still under poverty line.
 
In the effort to address the situation, KPK launched the “National Movement on Natural Resources” and engaged all relevant ministries, provincial and district governments, private sector, and CSOs to improve the quality of natural resources governance in Indonesia. The KPK also continues its efforts in prosecuting high ranking officials (minister, governors, heads of district/mayors) on natural resources-related cases and from these prosecutions the KPK discovered a manipulation of multi-billion dollars by many different actors in the area of natural resources extraction.
The ultimate objective of the KPK works on natural resources is to stop corruption in natural resources extraction and at the same time is trying to enhance the quality of life of disadvantage group of people who live around mining and big plantations.
 *********
 
Dr Laode M Syarif (Bachelor of Law, Hasanuddin University, LLM, Queensland University of Technology, Ph.D Sydney University). He is a Commissioner of Indonesia Corruption Eradication Commission (KPK) (2015-2019). Before he joined the KPK, Syarif was a Senior Lecturer at Hasanuddin University, Faculty of Law, Makassar, Indonesia. He taught Environmental Law, International Environmental Law, and developed Anti-Corruption and Environmental Law Clinics in several Law Schools in Indonesia. He also served as one of the principal trainers of the Supreme Court of Indonesia in the area of Environmental Law and Judicial Code of Conduct since early 2000 and developed many capacity building programs in the area of anti-corruption and environmental protection.
 ***********