Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)

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Land Rights Disputes Between Landowners And Mining Companies : A Case Study In Banyuwangi Regency, East Java, Indonesia

Authors
Iwan Permadi, Reka Dewantara
Corresponding Author
Iwan Permadi
Available Online September 2018.
DOI
10.2991/iceml-18.2018.36How to use a DOI?
Keywords
disputes, landowner, company, mine, banyuwangi regency
Abstract

This article explores an issue where the mining company as the owner of the right to mining remains unable to directly extract mining products from within the land or mine without the consent of the landowner or the holder of the land rights despite the fact that the mining company holds a Mining Business License granted by the government. The mining company must first settle the rights to the land with its owner even though the company has obtained permission from the government to conduct mining business activities. The research methodology was an integration of empirical juridical research methods and interpretation of the normative method results. The results indicated that with the settlement of land rights between mining companies and holders of land rights in accordance with the provisions of the Indonesia Mining Act, it is hoped that no party will feel disadvantaged even the parties can gain benefit from the mining business. While it is clearly regulated on the obligations of mining companies to settle land rights as mining land, empirically, there are many mining-related cases that are not in accordance with the regulations.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
Series
Advances in Economics, Business and Management Research
Publication Date
September 2018
ISBN
978-94-6252-576-4
ISSN
2352-5428
DOI
10.2991/iceml-18.2018.36How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - Iwan Permadi
AU  - Reka Dewantara
PY  - 2018/09
DA  - 2018/09
TI  - Land Rights Disputes Between Landowners And Mining Companies : A Case Study In Banyuwangi Regency, East Java, Indonesia
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 157
EP  - 160
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.36
DO  - 10.2991/iceml-18.2018.36
ID  - Permadi2018/09
ER  -