Juridical Review of Mastering and Utilization of Land Rights Based on Land Letters (Skt) Connected with Mining Business Licenses (Iup) Based on Law of Number 4 the Year 2009 Regarding Mineral and Coal Mining
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Issue 12:4

Daniel Hendrawan, S.H., M.Hum, Yelma Nomida Alvisalia, S.H.

Juridical Review of Mastering and Utilization of Land Rights Based on Land Letters (Skt) Connected with Mining Business Licenses (Iup) Based on Law of Number 4 the Year 2009 Regarding Mineral and Coal Mining

Minerals and coal as one of Indonesia's natural resources are used for the greatest prosperity of the people so that the state controls it. Based on Law No. 4 of 2009 on Mineral and Coal Mining, state control within the scope of business can be delegated to other parties within the Indonesian mining legal territory, one of them is the existence of an IUP. IUP serves to carry out mining business activities. IUP holders are not holders of land rights, and holders of land rights do not automatically become holders of IUP. Land held by IUP holders can not be directly utilized. Mining business activities carried out gradually and timed long enough. As a result, an impression of neglect of the land and invite other parties to make land grabs. One of them uses Land Certificate. The purpose of this first study is to know the legal power of Land Certificate in terms of control of land rights. Second, to know the legal protection for IUP holders due to the issuance of Land Certificate. Thirdly, to know the legal certainty of ownership of mineral and coal resources in Mining Permit Areas (WIUP) due to issued Land Certificate. The results showed that the Land Certificate is just a certificate of physical control over land, especially in WIUP, so it has a weak legal force as proof of control over land rights. Unlike the case when land ownership using certificates. IUP granted by the government to mining entrepreneurs is a form of legal protection in the implementation of mineral and coal mining business activities. The issuance of Land Certificate for land tenure in WIUP cannot distort the existing IUP first. Land certificates are indeed possible to control the land surface, but not to control the mineral resources and coal in the bowels of the earth.

 

The authors are affiliated to the Maranatha Christian University.

Email: daniel.hendrawan@rocketmail.com

2018 - Volume 12, Issue 4