Legal Protection of Forest Cultural Rights In The Procurement of Land For The Mineral Mining Industry

Authors

  • Istijab Istijab Universitas Brawijaya

Abstract

Research on the legal protection of customary forest rights in the procurement of land for the mining industry, especially for minerals, is normative-juridical research using primary and secondary legal materials. Primary legal materials that are authoritative, such as laws on Agrarian Affairs, Forestry, Mining, Environmental Protection and Preservation and Constitutional Court Decisions on Mining. Secondary legal materials include all legal publications: textbooks, legal dictionaries, legal journals, and comments on court decisions. The legal protection of customary law community forest rights (MHA) for the provision of land for mining businesses, must fulfill the sense of justice of MHA members. MHA is a community association that lives and develops peacefully together in an area that has been passed down from generation to generation based on genealogy and similarity of residence with a pattern of order and special traditional characteristics in common life that are binding. They must be protected regarding the use of land used for mining business interests. The provision of land is focused on production forest and protection forest based on article 38Law No. 41 of 1999 Jo. Law Number 19 of 2004 concerning Forestry. The use of forest land in question, the procedures used: first, based on the Decree of the Director General of Forestry No. 64/kpts/DJ/1/1978 concerning Borrowing and Use of Forest Areas. Second, based on the Joint Decree (SKB) of the Minister of Mines and Energy and the Minister of Forestry No. 969. K/05/M. PE/1989; 429/Kpts-11/1989. Third, based on the Decree of the Minister of Forestry No. 55/Kpts-II/1994 Jo. KMK No. 56/Kpts-II/1994; Jo KMK No. 41/Kpts-II/1994; KMK No. 614/Kpts-II/1997 Jo KMK and Plantation No. 720/Kpts-II/1998.

Published

2023-01-24

How to Cite

Istijab, Istijab. 2023. “Legal Protection of Forest Cultural Rights In The Procurement of Land For The Mineral Mining Industry”. Brawijaya Law Journal : Journal of Legal Studies 9 (2). https://lawjournal.ub.ac.id/index.php/law/article/view/954.