Jurnal PENGATURAN KEGIATAN USAHA PERTAMBANGAN DALAM KAITANNYA DENGAN PENYELESAIAN SENGKETA PERTAMBANGAN

Jurnal PENGATURAN KEGIATAN USAHA PERTAMBANGAN DALAM KAITANNYA DENGAN PENYELESAIAN SENGKETA PERTAMBANGAN

Abstract : In harmony with
mandate from the constitution of the Republic of Indonesia Article 33 of the Basic Law of the State
Republic of Indonesia in 1945, management and exploitation are needed
protection and guarantee of legal certainty both to the public as common
property of excavated materials, entrepreneurs as managers, and government as
regulator. Mining business activities often lead to disputes
involving the government, mining entrepreneurs (investors), and the community at
mining business activity area. Therefore it is necessary to strive for
resolve disputes through dispute resolution mechanisms. Problem
those to be examined include the development of the regulation of business activities in the field of mining in Indonesia and the mechanism
settlement of disputes in the mining sector in order to create certainty
law and justice. The method used in this study is
with a normative juridical approach; Research specifications are descriptive
analytical; the data used is secondary data which includes legal material
primary, secondary legal materials, tertiary legal materials; then analyzed
qualitative. Based on the results of the study it is known that the development of settings
mining business activities in Indonesia have existed since the reign
Dutch East Indies with the entry into force of the 1899 Indische Mijnwet, after independence
issued Perpu Number 37 of 1960 concerning Mining, Perpu Number 44
Year 1960 concerning Oil and Gas, Law Number 37 Prp. 1960 about
Mining, then replaced by Law No. 11 of 1967 concerning
Principal Mining Provisions which were subsequently revoked and issued by the Law
Number 4 of 2009 concerning Mineral and Coal Mining. As for the mechanism
mining dispute settlement includes adjudication, non-adjudication,
courts, arbitration, ADR, and adatSelaras institutions with the mandate of the constitution
State of the Republic of Indonesia Article 33 of the Constitution of the Republic of Indonesia
Indonesia in 1945, management and exploitation needed protection
and guarantees of legal certainty both to the public as a common property above
excavation material, businessman as manager, and government as regulator.
Mining business activities often lead to disputes involving
government, mining entrepreneurs (investors), and communities in the region
mining business activities. Therefore it is necessary to strive for
resolve disputes through dispute resolution mechanisms. Problems
those to be examined include the development of the regulation of business activities in the field of mining in Indonesia and the mechanism
settlement of disputes in the mining sector in order to create certainty
law and justice. As for the method used in this research
with a normative juridical approach; Research specifications are descriptive
analytical; the data used is secondary data which includes legal material
primary, secondary legal materials, tertiary legal materials; then analyzed
qualitative. Based on the results of the study it is known that the development of settings
mining business activities in Indonesia have existed since the reign
Dutch East Indies with the entry into force of the 1899 Indische Mijnwet, after independence
issued Perpu Number 37 of 1960 concerning Mining, Perpu Number 44
Year 1960 concerning Oil and Gas, Law Number 37 Prp. 1960 about
Mining, then replaced by Law No. 11 of 1967 concerning
Principal Mining Provisions which were subsequently revoked and issued by the Law
Number 4 of 2009 concerning Mineral and Coal Mining. As for the mechanism
mining dispute settlement includes adjudication, non-adjudication,
courts, arbitration, ADR, and customary institutions.

Keywords : arrangement
mining, dispute settlement

Author : Dewi Tuti Muryati, B.
Rini Heryanti, Dhian Indah Astanti

Journal Code: jpmanajemendd161108



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