Konstruksi Hukum Perjanjian Kerja Sama Power Wheeling Melalui Argumentum Per Analogiam: Menjaga Hak Menguasai Negara dalam Transisi Energi Indonesia
Indonesia's electricity supply has long been structured around PT PLN (Persero) as the state-mandated provider, while the financing needs of the energy transition exceed the capacity of the state and PLN alone. The power wheeling scheme, namely third-party use of transmission and distribution networks, has become the most contested issue in the draft renewable energy law because it is feared to erode state control. The research gap lies in the fact that existing studies focus on the political debate, while the contractual design of the cooperation agreement remains unexamined. This study aims to formulate the anatomy of the cooperation agreement between PLN and independent power producers and to construct its legal basis through argumentum per analogiam. It employs normative juridical research with statutory, conceptual, and analogical approaches. The results show that a valid agreement must regulate authority, object, rights and obligations, network tariffs, proportional risk sharing, metering, supervision, and arbitration, while analogies with state asset leasing, open access gas pipelines, and telecommunication infrastructure sharing demonstrate that network access does not transfer ownership or control. The novelty of this study is an integrated construction linking contract clauses to the five functions of state control, accommodating private investment without diminishing state authority.
Authors
- Muhammad Wahyu Abdes
- Sekar Rahma Andita
Institutions
- Binus University (ID)
Publication Details
- Journal
- Ranah Research Journal of Multidisciplinary Research and Development
- Published
- 2026-10-26
- DOI
- https://doi.org/10.38035/rrj.v8i6.2348
- Primary Topic
- Energy Law and Policy
- Type
- article
- Field-Weighted Citation Impact
- 0.00