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PERLINDUNGAN HUKUM TERHADAP PEMILIK DALAM PEMBEBASAN LAHAN PEMUKIMAN YANG DIALIHFUNGSIKAN MENJADI WILAYAH PERTAMBANGAN PERUSAHAAN

Land constitutes a vital asset with a strategic role in society, both as a place of residence and as a source of livelihood. However, within the framework of national development, the conversion of residential land into mining areas often triggers conflicts between the interests of the state, corporations, and the rights of landowners. The research method employed is a normative juridical method with statutory and conceptual approaches. Data were obtained through library research examining the 1945 Constitution of the Republic of Indonesia, the Basic Agrarian Law, the Law on Mineral and Coal Mining, as well as regulations related to land acquisition. The analysis was conducted qualitatively by reviewing legal norms and existing practices to understand the forms of legal protection and the legal remedies available to landowners. The results of the study indicate that, normatively, landowners’ rights are guaranteed under Article 28H paragraph (4) of the 1945 Constitution and the Basic Agrarian Law, which recognizes ownership rights as strong and secure rights. However, in practice, these rights are often diminished due to the state's authority over natural resources as stipulated in Article 33 of the 1945 Constitution and the Mining Law. The land acquisition mechanism requires fair, just, and transparent compensation, whether in the form of financial or non-financial compensation. Alternative dispute resolution mechanisms, such as negotiation, mediation, or arbitration, are considered more effective than litigation. This study emphasizes the need for consistent regulation and implementation to ensure that legal protection for landowners is genuinely realized in practice.

Availability
#
Central Library (Reference) T1932612026
T193261
Available but not for loan - Not for Loan
Detail Information
Series Title
-
Call Number
T1932612026
Publisher
Indralaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya.,
Collation
xii, 36 hlm.; ilus.; 29 cm
Language
Indonesia
ISBN/ISSN
-
Classification
346.043 07
Content Type
Text
Media Type
unmediated
Carrier Type
-
Edition
-
Subject(s)
Prodi Ilmu Hukum
Hukum Agraria – Perlindungan Hukum
Specific Detail Info
-
Statement of Responsibility
Other version/related
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