Karya Ilmiah

DISERTASI (148) - Perlindungan Hak - Hak Masyarakat Hukum Adat Dalam Usaha Pertambangan Mineral dan Batubara

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master the state, is also based on the concept of
recognition and protection of the rights of indigenous people. The legal issues
discussed in this paper are the philosophical basis of the protection of the rights of
customary law communities related to the management of mineral resources and
coal, the legal principle of the management of mineral resources and coal in favor
of the indigenous people, and their implementation of the legal principles of
investment management of mineral resources and coal in customary land region
owned by theindigenous people
As a normative legal research, this study applied statute approach,
conceptual approach, case approach, and comparative approach. In accordance
with the nature of normative legal research, the source of legal materials used are
the primary legal materials and secondary law. Focused analysis and
interpretation of the legal materials were conducted to answer the issues discussed
in this research.
The findings of this study indicate that the philosophical basis of legal
protection of indigenous people rights in coal and mineral mining activities is
based on the concept of legal recognition and protection as an essential element in
a state of law. For the indigenous people , natural resources is an integral part of
life, whosefunctions are not limited merely as economic asset.It also contains
religious aspectsmaintained by the indigenous people in relation to history and
spirituality.
The legal principles of coal and mineral resource management that favor
the indigenous people are benefit, fairness and balance principle, siding with
national interest, transparency and accountability, sustainability and
environmentally oriented.Agreement on the early information without any
coercion is also one of coal and mineral resource management principles that
favors the indigenous people because the principle positions the indigenous
people as the subjects of development rather than as the objects of the
development. Basically, the legal principle of investment has been stated and
regulated in mining law. However, in its implementation, coal and mineral
resource management on customary land raises many legal disputes that tends to
harm the indigenous people, such as disputes between the indigenous people and
investors and disputes related to environmental pollution.
Keywords; Legal protection, Indigenous people, Mineral and Coal

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Ketersediaan

031317017305

148

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

148

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

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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