Land Rights Disputes Between Landowners And Mining Companies : A Case Study In Banyuwangi Regency, East Java, Indonesia

Abstract

This article explores an issue where the mining company as the owner of the right to mining remains unable to directly extract mining products from within the land or mine without the consent of the landowner or the holder of the land rights despite the fact that the mining company holds a Mining Business License granted by the government. The mining company must first settle the rights to the land with its owner even though the company has obtained permission from the government to conduct mining business activities. The research methodology was an integration of empirical juridical research methods and interpretation of the normative method results. The results indicated that with the settlement of land rights between mining companies and holders of land rights in accordance with the provisions of the Indonesia Mining Act, it is hoped that no party will feel disadvantaged even the parties can gain benefit from the mining business. While it is clearly regulated on the obligations of mining companies to settle land rights as mining land, empirically, there are many miningrelated cases that are not in accordance with the regulations.

The Roles of Religious Organizations in the Decline of the Anti-mining Movement in Banyuwangi, East Java

“…imn sent a letter to the regent of Banyuwangi, Abdulah Azwar Anas, asking for the transfer of the mining business permit to pt. bsi; the permission was granted until 2014.8 In 2012, the regent of Banyuwangi proposed a change of status for 9,743.28 ha forest, from that of protected forest to productive forest (Permadi and Dewantara 2018). The minister of forestry, Zulkifli Hasan, only accepted such a change for 1,942 ha.…”

“…According to the anti-mining coordinator in Pancer hamlet and Sumbermulyo village, the change of forestry status and the use of mercury and cyanide could damage the soil and the sea. The presence of these chemical substances could affect fishermen's and farmers' livelihoods (Permadi and Dewantara 2018) and have socio-economic consequences for the affected community, as occurred in 2016 when mud flows due to heavy rain and water overflow caused pollution in the Katak river and on Pulau Merah beach, affecting the fishing and tourism industries. The local community is also worried about blasting activities that could lead to air pollution in the Pulau Merah area.…”

Encourage resource governance: Responding disaster threats behind environmentally friendly claims at the Tumpang Pitu gold mine

“…As in several regencies in East Java Province, such as Blitar, Jember, Lumajang and now Banyuwangi, they are threatened with the same damage (Hakim & Sihabudin, 2018). This condition led to a struggle for interests over the governance of Mount Tumpang Pitu which involved the government working hand in hand with corporations against environmental activists, local communities and non-governmental organizations (Permadi & Dewantara, 2018;Saputra & Setiyono, 2021). This struggle occurs behind the disaster threat that lurks even though investors or mining companies continue to propagate that their activities use a green mining model that is claimed to be environmentally friendly.…”