Search Repository Universitas Islam Jakarta

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