PELAKSANAAN RENEGOSIASI KONTRAK KARYA PERTAMBANGAN MINERBA BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 2009 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA

摘要

This research discusses the implementation of Contract of Work renegotiation based on Law No. 4 of 2009 on Mineral and Coal Mining. On the field, it is not easy to perform the obligation to renegotiate the Contract of Work as stated in Article 169 of Law No. 4 of 2009. The process of Contract of Work renegotiation tends to be tough and has exceeded the completion deadlines stated in Article 169 letter b Law No. 4 of 2009 which is not more than one (1) year after the legislation of the law itself. Based on this background, this research aims to reveal the format of the implementation of Contract of Work renegotiation that is used along with the constraints that led to its out of schedule completion. This research uses empirical legal research method which focuses on the social fact. This research gathers data directly from the respondents as its primary data and is supported by secondary data which consist of primary legal materials and secondary legal materials. This research include the Mineral and Coal Directorate General of Energy and Mineral Resources Ministry, PT Vale Indonesia, and PT Newmont Nusa Tenggara as its respondents. The results of this research revealed that the implementation of Contract of Work renegotiation based on Law No. 4 of 2009 on Mineral and Coal Mining able to overcome State Finance loss incurred due to the construction of the previous Contract of Work model, however the completion is beyond the time limit that is stated in the law and does not respect the freedom of contract principle and the pacta sunt servanda principle. The beyond limit completion occurred due to the constraints such as the absence of sanctions related to the renegotiation implementation, the absence of legislation governing the technical execution of the Contract of Work renegotiation, and the obscurity of the regulations related to the Contract of Work renegotiation which poses some arguable perspective difference.