REKONSTRUKSI REGULASI ENERGI NASIONAL DALAM MELINDUNGI HAK RAKYAT ATAS ENERGI BERBASIS HUKUM PROGRESIF (Studi Regulasi Harga Keekonomian Bahan Bakar Minyak Bersubsidi)

Abstract

National energy regulation in protecting people's right to energy that is based on the Article 33 of the NRI Constitution 1945, faced with a global economic phenomenon which tends to be liberal capitalistic through liberalization of economic price of petroleumenergy.The energy regulatory dilemma situation became the focus of this study. An assumption ofinconsistency between the implementation of national energy regulation in protecting people's right to energy by law making practice and the implementation in this field, motivated the author to uncover its background and reconstruct the energy regulation based onthe values of social justice.How is the functionof national energy regulation in protecting people's rights over current fuel energy; why the implementation of national energy regulation on setting up the economic price of subsidized fuel energy tends not be able to protect the people's right to energy, and how is the new construction of the national energy regulation on setting the economic price of subsidized fuel in protecting people's right to energy in the future, are three problemsof this dissertation.This study aims to find arguments and evidences about the denial of national energy regulation in protecting people's right to energy toward the values of social justice and the dangers of liberalization of the economic price of fuel energy for fuel energy needs, which leads to an attempt to reconstruct the national energy regulation. The results of this study are expected to contribute to broaden an alternative understanding towards the national energy regulation in protecting people's right to energy fuel. Qualitative-constructivism method with socio-legal approach is used in this study.Data retrieval byhermeneuticand phenomenological research used to collect, reduce, and verify as well as to present the data.Micro theory is used to explain the phenomenon of research findings.The theories are Progressive Law Theory, Symbolic Interaction Theory, and the Theory of Public Policy. The work of the Cyber Law Theory used in this dissertation to analyze the macro phenomenon.The final goal of this study is a new construction of national energy regulation in protecting people's right to energy. This study concluded that (1) the implementation of national energy regulation today tends to deny the value of social justice and rely to liberalism as the reference of energy management,(2) the implementation of national energy regulation in an effort to protect people's right to energy is constrained by the absence of a clear interpretation of Article 33 (4) NRI Constitution 145 raises multi-interpretation and bias, the absence of energy legislation that is comprehensive, the practice of liberalization of the economic price of fuel energyendanger people's access to energy, (3) Through the prismatic theoretical framework of Fred W.Rigss, a dialectic between the ideal politics of law and the existing can establish a new national energy regulation called the national energy regulation "progressive prismatic multi-dimensional".Regulatory implementation of Energy Law and the Oil and Gas Law has proved that there is a liberalization covert in it, on the basis of this conclusion it is recommended that the Constitutional Court and the Supreme Court to reexamine the Energy Law and the Oil and Gas Law and its implementing regulations and liberalization of the economic price offuel energy is supposed to do by the golden share mechanism.