Legal Status of Land Rights of the Mining Companies in Central Sulawesi

Abstract

This study aims to describe and analyze the legal status of mineral mining companies' land in Central Sulawesi, and secondly to explore and/or find alternative concepts in the field of land use adopted by the community in the mining area and its surroundings. To achieve this goal, a sociological/socio legal research method will be used. Document studies are carried out through a search for legal materials; primary, secondary and tertiary to obtain some data, then field data collection was carried out in the form of observations, in-depth interviews and participatory discussions (PRA). The phenomenon of problematic mineral mining occurs in almost every region in Indonesia, including Central Sulawesi. These facts show the importance of this research to be carried out in Central Sulawesi. Mining business is carried out after obtaining a permit from the government, prior to agreement with the party who has land rights, the government has first issued a mining business permit (hereinafter abbreviated as IUP), after the IUP is issued then a settlement with the party who has land rights in order to obtain approval. Land rights are very important in this regard, so the author is of the opinion that in granting mining business permits, comprehensive and effective consultation and deliberation first need to be carried out, involving communities directly affected by mining business activities, so that land rights are guaranteed optimal

Governance Mining Licensing in Central Sulawesi Post Mining Law Reform and Law Job Creation

“…Mining business permits as stated in the Regional Government Law are under the authority of local governments. In Central Sulawesi Province, mining business permits are divided into two types of mining, namely: first, non-metallic mineral and rock mining, such as limestone, bentonite, dolomite, feldspar, granite, kaolin, marble, quartz sand, and zeolite (Lanini, et al, 2021;Haryadi 2010). These mining permits are spread across 13 districts/cities in Central Sulawesi covering 85 exploration IUP and 234 production IUP (see table 1).…”

Mining Businees Licensing in Indonesia: Perspective Administrative Law After the Revision of the Mineral and Coal Law

“…3 of 2020) also negates the authority of the provincial government in granting IUP, including the formation of local regulations relating to mineral and coal mining businesses. 7 However, through Presidential Regulation No. 55 of 2022, the central government delegated some of its authority to the provincial government in granting business licenses in the mineral and coal mining sector.…”