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All Journal E-Journal Widya Yustisia Jurnal Dinamika Hukum Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Hukum Lex Generalis JUSTICIA SAINS: Jurnal Ilmu Hukum
Zulfadli Barus
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Law, Crime, Criminology & Criminal Justice Other

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Journal : Jurnal Hukum Lex Generalis

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Perlindungan Hukum bagi Pemilik Hak Guna Perkebunan Tanah yang Terkena Pembebasan Lahan Pertambangan Hijriyani, Miriam; Lukman, F. X. Arsin; Barus, Zulfadli
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.1979

Abstract

Legal protection and legal certainty for landowners is also a crucial issue in the process of land acquisition. Although Law No. 2 of 2012 has set up a mechanism for indemnity, in practice, dissatisfaction often arises on the part of landowners. This is due to various factors, including the lack of transparency in the land valuation process, the mismatch of the indemnity value with the market value, as well as the lack of efforts to restore the socio-economic conditions of the affected communities. Juridically, land acquisition derived from Hak Guna Usaha (HGU) for mining activities cannot be implemented through the land acquisition mechanism based on Law No. 2 of 2012, unless the activity is qualified as public interest by the government. Therefore, the use of HGU land for mining must be based on the consent of the rights holder and set forth in a valid cooperation agreement as stipulated in Article 29 letter c and Article 30 paragraph (2) of Government Regulation Number 18 of 2021. The Joint Land Use Agreement (PPLB) scheme is a legally recognized alternative instrument to resolve the overlap between mining business licenses (IUP) and HGUS, as long as it is prepared by meeting the legal requirements of the agreement under Article 1320 of the Civil Code, based on the principle of freedom of contract, and does not conflict with laws and regulations.
Co-Authors Ali Abdullah, Ali Eka Putri, Pritie Anissa Fitra, Deni Hijriyani, Miriam Lukman, F. X. Arsin Muhayar, Muhayar Rusmawati, Nurlia