Article Per Year (5 Year)
p-Index From 2021 - 2026
0
P-Index
This Author published in this journals
All Journal LAW REVIEW
H. P. Panggabean, H. P.
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : LAW REVIEW

 1 
Inkonsistensi UU Nomor 4 Tahun 2009 Tentang Minerba Khususnya Dalam Hal Pemberdayaan Hak Mayarakat Hukum Adat Panggabean, H. P.
LAW REVIEW Vol 11, No 1 (2011)
Publisher : Pelita Harapan University

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The indigenous rights of the Mahudat people should be a primary consideration in establishing an equitable mining regime in Indonesia. The new mining law has devolved significant authority to local governments that must warrant or assure the tenure and ownership of indigenous peoples to their lands and the mineral resources found therein. The District Governments need to develop new instruments and modalities to balance competing interests between economic development and social and environmental well-being primarily by requiring mining companies to negotiate with these indigenous people to find new formulations for cooperative and equitable partnerships, which include among others: identification of land in customary areas that can or should not be mined (either because of cultural considerations/religious or ecology); rehabilitation of environmental damage; reparation for harm on indigenous inhabitants of the mining areas; and equitable sharing of benefits of mining production.
Co-Authors