Dualism in the Implementation of Land Ownership, Use, Inventory, and Utilization in Indonesia: A Post-Mining Land Study

DOI

10.2991/978-2-38476-218-7_46How to use a DOI?

Keywords

Post-mining Land; Handover; Ministry

Abstract

The objective of this study is to examine the consequences of transferring mining land from the holder of a Mining Business Permit (IUP) or Special Mining Business Permit (IUPK) to a different party through the Ministry of Energy and Mineral Resources (ESDM), as outlined in Article 99 Paragraph (4) in conjunction with Article 1 Paragraph (38) of Law Number 03 of 2020. This law pertains to the amendments made to Law Number 4 of 2009 concerning Mineral and Coal Mining, hereafter referred to as Law No. 03 of 2020. The present study constitutes normative legal research. The findings indicate that the transfer of post-mining land from IUP or IUPK holders to third parties via the Ministry of Energy and Mineral Resources, as stipulated in Article 99 of Law No. 03 of 2020, gives rise to legal ambiguity. This situation necessitates the Ministry of Energy and Mineral Resources to assume the responsibilities of the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) in executing the Integrated Post-Mining Land Use (IP4T) program in accordance with national land legislation. Hence, it is imperative to establish a cohesive legal framework that aligns Law No. 03 of 2020 with agrarian and national land policies. This will ensure legal certainty and eliminate conflicting interpretations in the future implementation of Integrated Post-Mining Land Management (IP4T). Ultimately, this will facilitate the transfer of post-mining land from holders of Mining Business License (IUP) or Special Mining Business License (IUPK) under the Ministry of Energy and Mineral Resources to the Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN), which serves as an auxiliary body responsible for land affairs within the Indonesian government system.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Agung Basuki
AU  - Lego Karjoko
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/02/22
TI  - Dualism in the Implementation of Land Ownership, Use, Inventory, and Utilization in Indonesia: A Post-Mining Land Study
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 278
EP  - 285
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_46
DO  - 10.2991/978-2-38476-218-7_46
ID  - Basuki2024
ER  -