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All Journal International Journal of Law and Society International Journal Of Synergi In Law, Criminal And Justice
Muhammad Dzaky Epindo
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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AGRARIAN CONFLICT AND CIVIL LAW IN MANAGEMENT OF C OIL MINING IN THE BATANG TORU PROTECTED FOREST AREA SOUTH TAPANULI Vivian Hasra Sitompul; Bastian Romual s; Muhammad Dzaky Epindo; Bambang Fitrianto
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.68

Abstract

Management of Class C Mining in the Batang Toru protected forest area, South Tapanuli, is one of the crucial issues that triggers agrarian conflicts, especially related to the rights of customary law communities (MHA). This study aims to examine the civil law aspects in the management of Class C Mining and its implications for agrarian conflicts involving MHA. The agrarian conflict case in Batang Toru shows violations of civil regulations related to forest area use permits, business use rights, and utilization of natural resources. A descriptive qualitative approach is used in this study with a document analysis method of the National Inquiry report of the National Human Rights Commission and related government policies. The findings of this study indicate that agrarian conflicts in this area are driven by weak government supervision of the issuance of business permits, as well as rampant violations of MHA rights due to exploitation of natural resources that do not comply with legal procedures. The cases of PT. Gemala Borneo Utama and PT. Selantai Agro Lestari are real illustrations of how weak cross-sectoral government coordination has an impact on the sustainability of agrarian conflicts. In addition, the implementation of civil law in dispute resolution is still minimal due to the absence of cross-sectoral institutions that have full authority to handle agrarian conflicts comprehensively
Analysis of Losses Experienced by Gakoptas in the Dispute Case with PT Torus Ganda: Legal and Economic Perspective: Case Study Analysis of Supreme Court Decision No.2642/K/PID/2006 Aura Preety Adisty; Muhammad Dzaky Epindo; Anu Berkat Kornelius Gulo; Bambang Fitrianto
International Journal of Law and Society Vol. 2 No. 3 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i3.628

Abstract

The dispute case between Gakoptas and PT Torus Ganda caused problems. PT Torganda illegally controlled Gakoptas land which caused a conflict, as a result a farmer was injured. This study aims to determine the causal factors and resolution strategies in the dispute case between Gakoptas and PT Torganda. This study uses a normative juridical method with the sources of materials used in the form of secondary, primary and tertiary sources. The results of this study state that the causal factors of the conflict are due to the land administration system, inequality in the distribution of land ownership, legality of land ownership and economic motives. The resolution strategy can be carried out by executing the Supreme Court's decision, land redistribution through agrarian reform, land controlled by PT Torganda is returned to Gakoptas, economic recovery and sanctions.
Co-Authors Anu Berkat Kornelius Gulo Aura Preety Adisty Bambang Fitrianto Bastian Romual s Vivian Hasra Sitompul