Karya Ilmiah
DISERTASI (132) - Pengusahaan Mineral dan Batubara Dalam Kerangka Hukum Agraria Nasional
The definition of taking control over the country based on UUPA, mineral
and coal regulations, other natural resources law and decision of constitutional court
which is essentially to give rights to the state to implement the functions of policy,
the function of maintenance, the function of setting, the functions of management and
the function of supervision is actually the realization of state dominium rights. It is a
non exclusive state property rights. State property rights derived from the mandate of
the people. Consequently, the state has to use this property for the greatest welfare of
the people. The state property rights enables the state to take control over mineral and
coal to be used as much as people‘s benefit and prosperity.
The implementation of the rights to seek on mineral and coal should be done
by the state itself, and it will be handed over to a third party only if the country is not
able to work on its own. However, the implementation of mineral and coal
exploitation should be done within the framework of national agrarian law which
based on at least two principles. Firstly, the principle of public interest, as well
asmineral and coal development. Secondly, the principle of sustainability in
undertaking the mineral and coal. In addition, it also generates two important legal
relationships; they are the legal relationship between the implementer rights upon
mineral and coal mining and the land in which the mining is located and the legal
relationship between the implementer rights and the land rights holders.
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