The Rights of Compensation to Community for Land Used for Mining Business According to Law Number 2 Year 2012 Regarding Land Procurement for Development and Public Interests

Abstract

With the enactment of Law No. 2 year 2012 on Land Procurement for Public Interest and Development, it raises the issue of agrarian conflict specifically for mineral and coal mining areas. It makes the right of the people in a weak position, where the community must move out of their land area of ownership under the pretext of compensation without the appropriate pattern of mining business permits. The absence of provisions on the regulation of the amount of compensation, and they are not involved at all in the decision making of the mining business. The granting of compensation rights and the ease of using the mining area will lead to prolonged agrarian conflicts, especially on land tenure issues, mining business, spatial problems resulting in environmental damage. The purpose of this research was to find out solutions to mining problems by prioritizing people's rights to land without causing public losses and harming mining business. In addition, to find out a legal solution by conducting an analysis to the government policy against the applicable legislation, without causing harm to the community and the occurrence of overlapping regulations. The research method used in this research was normative law research. The library materials were as basic data which in legal research science, the data were classified as secondary data. Thus facing agrarian conflicts that can never be resolved to date, the need for a Government Policy committed strongly to overcome the main problem, namely by not neglecting the rights of the community in obtaining compensation in accordance with the objectives of Article 33 of the 1945 Constitution and Article 3 of Law No. 2 of 2012 that the procurement of Land for Public Interest aims to provide land for the implementation of development in order to improve the welfare and prosperity of the nation, state and society while maintaining the legal interests of the Eligible Party.