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

摘要

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 mining-related cases that are not in accordance with the regulations.