Karya Ilmiah

DISERTASI (0111) - Hak Gugat Masyarakat Hukum Adat Dalam Pertambangan Batubara

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This research analyzes on the legal standing indigenous people in coal mining,
key issues arise in this research is the protection and management of the
environment through preventive and repressive legal mechanism. The legal
standing of indigenous people concept is a part of society’s repressive legal
protection which can be used by indigenous people to undertake legal action.
Society that directly affected by the negative impact of the mining
activities has the right to achieve claim and compensation as set in Article 145 of
the Mining Law, and the mechanism of legal standing by people as governed in
Article 91 UUPPLH.
This research is a normative legal research. It use several approaches
namely the approach of legislation, the concept approach, case approach, and the
comparison approach with Philippines.
Philosophical existence of the indigenous people has been accommodated
in the constitution and legislation. The society’s legal standing (Article 91
UUPPLH) is not the same as the legal standing of indigenous people. The
society’s legal standing is a class action procedure with an individu as its subject,
whereas the legal standing of indigenous people uses people/society as its subject
, as defined in Article 50 paragraph (1) letter b Law Court and the Constitutional
Court's decision No.010 / PUU-1 / 2003, 31 / PUU-V / 2007, 6 / PUU-VI / 2008,
35 / PUU-X / 2012. Ius constituendum formed in rechsverfijning law
construction becomes the legal standing of indigenous people. Characteristics of
indigenous people who can do the legal standing of indigenous communities in
coal mining are: a) a group of people, b) has its own property either in the form of
material and immaterial, c) has a region, d) there is no intention to disband, and e)
has a holistic relationship with their environment. Implementation of the rights of
indigenous people to sue after the Constitutional Court decision is not maximized,
the State has not maximized the application of the principle of free and prior
informed concern, such as in Philippines.
It is suggested to immediately make a civil right protection constitution
draft and Minerba constitution revision.

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Ketersediaan

031217017306

0111

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0111

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM ADAT

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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