Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia

This article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communit...

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Main Authors: Indah Febriani, Rachmad Safa’at, Istislam Istislam, Indah Dwi Qurbani
Format: Article
Language:English
Published: Sriwijaya University 2025-01-01
Series:Sriwijaya Law Review
Subjects:
Online Access:https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/4261
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author Indah Febriani
Rachmad Safa’at
Istislam Istislam
Indah Dwi Qurbani
author_facet Indah Febriani
Rachmad Safa’at
Istislam Istislam
Indah Dwi Qurbani
author_sort Indah Febriani
collection DOAJ
description This article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communities by enabling their participation in oil well operations through Village Unit Cooperatives (KUD) and Regionally Owned Business Entities (BUMD). Employing a socio-legal approach, this study conceptualizes law as a functional social institution and investigates its application in three sub-districts in Musi Banyuasin Regency, South Sumatra Province. The findings reveal that the regulation is ineffective due to its complex permit requirements, which are perceived as a significant obstacle by local communities, thereby impeding its objectives. Moreover, the regulation lacks explicit legal provisions to address community welfare by exploiting old oil wells. To address these shortcomings, the study recommends revising the regulation to simplify licensing procedures and include explicit provisions that promote community welfare. Additionally, it emphasizes the need for policy instruments, such as legal assistance, mentoring, technical and non-technical guidance, and continuous supervision, to support community-led mining activities. These measures are essential to ensure that the operation of old oil wells contributes meaningfully to the welfare of local communities, aligning with the regulation's intended goals.
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series Sriwijaya Law Review
spelling doaj-art-db4bc276d18d4089b400ea34b2041f452025-08-24T02:35:25ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642025-01-019110.28946/slrev.Vol9.Iss1.4261.pp95-113758Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in IndonesiaIndah Febriani0Rachmad Safa’atIstislam IstislamIndah Dwi Qurbani1Universitas SriwjayaUniversitas BrawijayaThis article examines the relationship between the operation of old oil wells, as governed by Minister of Energy and Mineral Resources Regulation Number 1 of 2008, and the improvement of community welfare, particularly for communities surrounding mining areas. The regulation aims to empower communities by enabling their participation in oil well operations through Village Unit Cooperatives (KUD) and Regionally Owned Business Entities (BUMD). Employing a socio-legal approach, this study conceptualizes law as a functional social institution and investigates its application in three sub-districts in Musi Banyuasin Regency, South Sumatra Province. The findings reveal that the regulation is ineffective due to its complex permit requirements, which are perceived as a significant obstacle by local communities, thereby impeding its objectives. Moreover, the regulation lacks explicit legal provisions to address community welfare by exploiting old oil wells. To address these shortcomings, the study recommends revising the regulation to simplify licensing procedures and include explicit provisions that promote community welfare. Additionally, it emphasizes the need for policy instruments, such as legal assistance, mentoring, technical and non-technical guidance, and continuous supervision, to support community-led mining activities. These measures are essential to ensure that the operation of old oil wells contributes meaningfully to the welfare of local communities, aligning with the regulation's intended goals.https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/4261MineOld Oil WellsCommunity Welfare
spellingShingle Indah Febriani
Rachmad Safa’at
Istislam Istislam
Indah Dwi Qurbani
Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia
Sriwijaya Law Review
Mine
Old Oil Wells
Community Welfare
title Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia
title_full Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia
title_fullStr Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia
title_full_unstemmed Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia
title_short Empowering Communities Through Old Oil Wells: Analyzing Legal Frameworks and Policy Gaps in Indonesia
title_sort empowering communities through old oil wells analyzing legal frameworks and policy gaps in indonesia
topic Mine
Old Oil Wells
Community Welfare
url https://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/4261
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AT istislamistislam empoweringcommunitiesthrougholdoilwellsanalyzinglegalframeworksandpolicygapsinindonesia
AT indahdwiqurbani empoweringcommunitiesthrougholdoilwellsanalyzinglegalframeworksandpolicygapsinindonesia