Indonesian Journal of Multidisciplinary Science
Vol. 2 No. 8 (2023): Indonesian Journal of Multidisciplinary Science

Legal Construction of Dispute Resolution Mining Land Overlapping with Plantation Land

Arivan Halim (Department of Legal Science, Universitas Airlangga, Surabaya, East Java)



Article Info

Publish Date
29 May 2023

Abstract

Indonesian Agrarian Law recognizes the principle of horizontal separation which has consequences for classifying land rights. One of the granting and acquisition of land rights can be given to mining and plantation businesses. Even so, the granting of land rights to these two types of businesses still generates a lot of disputes . The dispute that occurred was overlapping in the granting of business licenses to mining businesses and/or plantation businesses, based on State Administration decisions issued by State Administration Officials that were not in accordance with statutory regulations and did not heed the General Principles of Good Governance in particular the principle of precision. The purpose of this scientific work is to provide a legal construction for resolving disputes over overlapping mining land and plantation land. The author uses a way of reviewing the applicable laws and regulations, existing theories and principles critically and systematically. The legal constructions offered are civil lawsuit to request compensation through the District Court to the State Administrative Officer who made the State Administrative Decision after the issuance of the State Administrative Court Decision which has a ruling granting the claim to cancel the State Administrative Decision which caused losses and has permanent legal force.

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Journal Info

Abbrev

ijoms

Publisher

Subject

Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences

Description

Indonesian Journal of Multidisciplinary Science (IJOMS) is a scientific journal in the form of research and can be accessed openly. This journal has e-ISSN 2808-6724 and p-ISSN 2808-5957. This journal is published monthly by International Journal Labs. The development of the company made the ...