Mastery of Mining on Ulayat Land / Indigenous Land

DOI

10.2991/iceml-18.2018.54How to use a DOI?

Keywords

mastery, mining, ulayat land / indigenous land

Abstract

Law no. 4 of 2009 on mineral and coal mining in its consideration states that "the minerals and coal contained in the territory of Indonesian mining law are non-renewable natural resources, therefore the management must be controlled by the State to provide real added value to the national economy" The word is controlled by the state becomes a phenomenon in this case on the basis of such controlled government can take over the ulayat land / customary land in which it contains mineral and coal mining. With the event of taking over the land of ulayat / adat land by the government which contains mineral and coal mining, it becomes a conflict between indigenous and tribal peoples with investors and the government in the absence of dialogue and repressive approach. The controlling of mining on customary / communal lands has juridical foundation namely Article 18 letter b paragraph 2 of the Constitution of the Republic of Indonesia of 1945 Article 2 paragraph (4) and Article 5 of Law no. 5 of 1960 on the Basic Regulations of Agrarian Principles. An ulayat right is a right of legal partnership of the land inhabited while its exercise is carried out by the legal community itself or by the head of the fellowship in the name of the fellowship. The territory of the communion is the property of an essentially fixed partnership, ie the transfer of property rights to this territory is not permissible. Ulayat land / customary land is part of ulayat right. In principle, the land required for mining businesses located on customary communities of customary law, mining entrepreneurs shall conduct consultations with indigenous and tribal peoples to obtain an agreement on the delivery of land and the remuneration.

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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TY  - CONF
AU  - Putu Dyatmikawati
PY  - 2018/09
DA  - 2018/09
TI  - Mastery of Mining on Ulayat Land / Indigenous Land
BT  - Proceedings of the 2018 International Conference on Energy and Mining Law (ICEML 2018)
PB  - Atlantis Press
SP  - 251
EP  - 253
SN  - 2352-5428
UR  - https://doi.org/10.2991/iceml-18.2018.54
DO  - 10.2991/iceml-18.2018.54
ID  - Dyatmikawati2018/09
ER  -