HANG TUAH LAW JOURNAL Volume 6 Issue 2. October 2022, 111-122 111 The Urgency of Guarantee Off Takers in Increasing Investment Oil and Gas Mining Muhammad Irfan Hilmy 1  , Nibraska Aslam 2 , Dinda Jhaneta 3 , David Brian Leong Retna 4 Article Abstract Keywords: Investment; Guarantee off Taker; Oil and Gas Article History Received: Nov 07, 2022; Reviewed: Nov 22, 2022; Accepted: Nov 25, 2022; Published: Nov 28, 2022; The investment climate for oil and gas mining since 2000 has continued to decline until now. This can be attributed to various factors, one of which is the lack of certainty regarding buyers of oil and gas at the downstream stage. This will certainly have an impact on the development of oil and gas mining, so that it can have a wider impact on welfare aspects. This study will discuss the urgency and reasons for the inclusion of a guarantee off taker as one of the clauses in an oil and gas contract. This study uses a normative method with a statutory and conceptual approach. This study found that there are at least 3 dimensions of urgency and reasons for the inclusion of an off takers guarantee clause, namely the dimension of people's livelihood based on Article 33 paragraph (3) of the 1945 Constitution which mandates efforts for people's welfare because through large investments people's welfare should also increase. Next is the dimension of the oil and gas business which has a high risk that requires certainty in selling oil and natural gas. The last dimension is the investment dimension. Copyright ©2022 by Author(s); This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. (How to Cite: “Hilmy, M. I., Aslam, N., Jhaneta, D., Leong Retna, D. B. (2022). The Urgency of Guarantee Off Takers in Increasing Investment Oil and Gas Mining. Hang Tuah Law Journal, 6(2), 111–122. https://doi.org/10.30649/htlj.v6i2.108“) Introduction The mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia indicates a necessity for the natural resources contained in the earth to be controlled by the state and used for the greatest prosperity of the people (Nurmardiansyah, 2014). The provision is the existence of a welfare state paradigm that requires the control of the means of production as a vital object related to the livelihood of the wider community (Qurbani, Rafiqi, 2022) . One of the vital objects controlled by the state is oil and gas resources. 1 Centre for Mining and Energy Law Studies, Faculty of Law, University of Brawijaya, Indonesia 2,3 Faculty of Law, University of Brawijaya, Malang, Indonesia 4 Faculty of Law, National University of Malaysia, Malaysia  Correspondence: Muhammad Irfan Hilmy, Centre for Mining and Energy Law Studies, Faculty of Law, University of Brawijaya, Malang, East Java, 65145, Indonesia, E-mail: Irfanhilmy37@gmail.com HANG TUAH LAW JOURNAL Volume 6 Issue 2 October 2022