The Reconstruction of Energy Management Law Based on Indonesia Legal System

DOI: doi.org/10.25041/ fiatjustisia.v12no1 .1146 Two things become an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources. Second, the energy sector is also related to other sectors, that is forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. Ideally, all of the energy management law must reflect the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because, in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of Indonesian legislation, Pancasila, and The 1945 Constitution. However, the reality of energy legislation indicates of the authority competes between sectors and alignments to society which is not optimal. It is due to the legal nature of the energy sector which is liberal and still-exploitation oriented and pro-capitalist. By using a socio-legal approach, this paper describes the reconstruction of law-oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law.

The third paragraph, confirming the position of the utilization of natural resources, which in the context of Indonesia known as the state right to control the management of natural resources. This setting can be read in the context of the desire of state that wants to care for the people. 3 This text can be called "moral reading," 4 which confirms the heart of the constitution. 5 The assertion is the desire of achieving the goals of the welfare state, which is responsible for economic and prosperity. 6 This arrangement is called an affirmation of human-oriented economic system by Mubyarto. 7 Imperatively is then contained in the law of the energy sector and mineral resources, but in fact, the law is too liberal, 8 shows the competition between sectors and therefore cause a conflict of authority overlaps with the regulations and licensing, 9 pull authorities and regional governments, 10 as well as the exploitative character and alignments on financiers. 11 Based on the description, this article would like to answer the state right to control the natural resources. Associated with energy management must be social justice, offered legal reforms within the framework of the Indonesian legal system. Thus, legal reforms would establish social justice orientation in energy management.

B. Method
The approach used in this paper is a socio-legal, which concepting law is not limited to the norm, but also as a behavior. The conception of law as behavior that appears in reality have consequence that the law is seen not just as a suitable concrete, written, contains the sanctions and issued by competent authorities that in operation is influenced by many other factors such as economics, politics, culture, religion, etc. 12 The use of this approach is important to bring it to a more thorough understanding of the law, intact and not text only. Also want to find out whether the regulation is effective, positive, productive, or even disturb and ruin. 13 Some data are obtained through the newspapers. The data is combined with an overview of the legislation. The analysis was performed by using a descriptive-qualitative method.
C. Discussion

Questioning the State Right to Control
There is a difference between Article 33 before and after the amendment. Additional of two paragraphs focused on the national economy that is organized based on the economic democracy. This article has hope to reinforce the direction of life idealized form of the prosperity based on the family principles. The initial concept of Article 33 was discussed on July 16, 1945, proposal initiated by Muhammad Hatta on social welfare. 14 This article is intended to make the natural resources are not controlled arbitrarily, and the state must protect and manage carefully. This article contains the rules or general principles -what is called a moral text, among others: earth, water, natural resources utilized for the benefit of the people, the economy is based on family principles, and state dominates the production for the lives of many people. 15 Through this article, the state has the rights to control doctrine which is known. The interpretation of this doctrine continues to be debated. 16  include the meaning of mastery in a broad sense sourced and originates from the conception of the sovereignty of the people of Indonesia over all sources of wealth "earth and water and natural resources contained therein", also including public ownership by the people collectively sources intended natural-source. That is related to the goal of "the greatest welfare of the people," as the mandate to "promote the general welfare" and "creating social justice for all Indonesian people." People collectively, constructed by the 1945 Constitution mandates the state to create a policy (beleid), make arrangements (regelendaad), maintains (bestuursdaad), managing (beheersdaad), and control (toezichthoudensdaad), for the large prosperity.
Also Islands, the Constitutional Court also defines four benchmarks "for the greatest welfare of the people", namely: (a) their natural resources for the benefit of the people; (B) the level of equitable distribution of the benefits of natural resources for the people; (C) the level of people's participation in determining the benefits of natural resources; (D) respect for the rights of the people from generation to generation in utilizing natural resources. Destination "for the greatest welfare of the people" cannot be separated by the authority of state control.
The In the letter c consideration of MPR Preamble decree stated that the management of the agricultural/natural resource that has lasted for environmental degradation, inequality holding structure possession, use and utilization as well gives rise to various conflicts. So MPR confirmed a number of important principles, among others: (a) justice in the control, ownership, use, utilization, and maintenance of agrarian resources/natural resources; (b) maintain continuity with regard to capacity and carrying capacity; (c) carry out a social function, sustainability and ecological functions; (d) increase integration and coordination between sectors; (e) pursue the balance of rights and obligations of the state, the government, society and individuals; and (f) implement a decentralized form of the division of authority.
On this basis, the policy directions that have been outlined are: (a) reexamining the various legislations in order to synchronize policies; (b) resolving natural resource use conflicts arising during this time as well as to anticipate potential conflicts in the future to ensure the implementation of law enforcement to be based on the principles of natural resource management.
Thus, this MPR decree is a keeper of boundary natural resources management to conform to the constitution. This limit itself to achieve what is called by Jeremy Bentham as a guarantee of happiness for human beings as much as possible. 21 Happiness is that in the context of Indonesia, is intended as a welfare state goal. 22 Leading economic constitution that Indonesia adheres to the welfare state. 23 The Constitution of 1945 wants to realize and maximize the wellbeing and happiness. But unfortunately associated with the acquisition and utilization of natural resources, for over 60 years of independence, natural resource management arrangements, instead generates injustice. Nationally, the exploitation of natural resources has not also provided prosperity for the people. The phenomenon of exploitation of natural resources that never ended without any effect on the welfare of the community can be seen in a variety of optical, one of which is the incorporation of the principle of social justice in the legislation. 24 On this basis, the legal reform of fair energy should be guided by the values of social justice as defined in the Indonesian legal system. problem of this authority as well, it feels an attraction in Law No. 4/2009, it is just that this Act has been divided more detail in some authorities. 27 The setting that is interesting from Law No. 30/2007, by arranging emergency conditions and prices, including the reserve and fair energy pricing. The disadvantage is the provision of subsidy funds for the group is not able to not be an obligation, so the discussion is dependent on policy. Another thing for the operationalization of this article is subject to other provisions, particularly in pricing, and it would be risky for the people below. About authority, the same thing can also be seen that each level has a certain authority and this authority issue back to the relevant laws.
The above conditions there is an awareness that justice becomes one of the important things of the Law on the energy sector. The orientation of this justice in the operationalization is not all open space, among others due to a variety of factors surrounding the Act itself. Furthermore, the orientation of justice by the actual operationalization reflects how attraction occurs. The Act causes this condition cannot be removed-associate of various factors, political, economic, and so on. These factors are then pressed on a waiver orientation of justice in the name of development.
Term development in this context is another meaning of modernization. According to Mansour Fakih, interchangeable term modernization is as development to avoid any negative impression, especially a development process that is generally dominated the economic development orientation. 28 The orientation of this kind, called Myint classified as "In Looking Policy" (inward-looking policy) where a large intervention in the economic sphere that is associated with the allocation of natural resources in the context of development policy. 29 Andre Gorz calls this the term "looting reserves of natural resources." 30 Based on the description above, it can be understood as the natural wealth of the existence of energy has a dual role, on the one hand as development capital, on the other hand as the support system of life. Achievement of both these roles simultaneously is often not realized. Both roles above, basically also related to the concept and functions of the state in protecting the welfare of its people. With the concept of the welfare state, social justice utilization of energy is expected to run optimally, at the same time the environmental issues are not left behind.

Reconstruction of Energy Management Law in Indonesia Legal
System Terminology reconstruction comes from the word construction that means "arrangement (style, layout) of a building." Construction is done by the constructor recycled into reconstruction, which tells us "to build a rearrangement of the building." Reconstruction is not much different from socalled "legal reform" which means the law that makes the development of society as equitably as orientation. This concept is disclosed by Satjipto Rahardjo 32 and Barda Nawawi Arief. 33 Legal reform itself is also associated with the sustainable development of the activity of the scientific and philosophical thinking/basic ideas/intellectual conception. 34 The study on this issue is certainly a study that "generations." 35 Also, referring to the concept of "reform" itself should also improve the system. In the Oxford Dictionary is positioned update as to fix the system in a variety of changes, leading to a better direction than before. 36 With such scheme, then the update finally strung in a system aimed at (purposive system), 37 as well as destination countries in order to protect all the people of Indonesia and to promote the general welfare based on Pancasila and the 1945 Constitution.
Efforts to legal reform itself has been started since the inception of the 1945 Constitution in this context, which became a paradigm that can be captured from 1945, among others: (a) Belief in God Almighty; (b) Humanitarian; (c) the Union; (d) Democracy; (e) Social Justice; (f) Kinship; (g) Harmony; (h) Council. 38 Thus, the legal reform called, in the context of the law of energy; basically want to differentiate from Western thinking patterns within the law. Indonesia puts Pancasila in 1945 Constitution opening as a philosophical foundation that underlies and animates the preparation of the provisions contained in the Constitution. This concept emphasizes that the preparation and the application of the rule of law in Indonesia must be based on and inspired by Pancasila. 39 In the concept of Pancasila, mediate what the West individually prominent and Socialist communal glorifies. 40 Understand Pancasila seated individual interests are balanced with the public interest. Within this scope, Pancasila is the outlook of the Indonesia nation which expresses the views of Indonesia concerning the relationship between man and God, man and fellow human beings, and human beings with the universe, with a core of beliefs about man's place in society and the individual in the universe. By this, the context of the division of the authority and the exploitation of the energy sector, should not forget the values of Pancasila, particularly social justice that made the difference of the Indonesian legal system with the modern law.

D. Conclusion
Based on the previous section, it can be concluded that basically in Indonesia there are basic of state rights to control, in order to protect the management of energy wealth equitably, it is just right to run the country interpreted vary up to the Constitutional Court in several decisions has set a limit of public welfare-related social justice. Concretely, the state authorities create policies, regulation, maintenance, management, and supervision, for the people's welfare.
In the laws of the energy sector, include similar philosophical orientation. That laws also lists three important principles in addition to other principles, that each justice, sustainability, and environmental sustainability. At the level of principle, it is done to realize the benefit of these three things in the development. But it is different in the operationalization of the principles of justice are almost invisible. In the context of social justice, which caused due to other interests which are considered more important, that is the problem of exploitation, domination of licensing by financiers, and about the respective authority. Including the community's access to energy is still not optimal.
Energy management law reform is to fully offer in the context of the laws of energy, into the values of Pancasila as the foundation and soul. The 39 Ibid. 40 T. Mohammad Radhie, "Pembangunan Hukum Nasional dalam Perspektif Kebijakan", Yogyakarta: Paper Law Conference FH UII, (1987).