ENERAPAN PRINSIP FIRST COME FIRST SERVED DALAM PENYELESAIAN TUMPANG TINDIH WILAYAH IZIN USAHA PERTAMBANGAN

Redi, Ahmad and Dharma, Susanto ENERAPAN PRINSIP FIRST COME FIRST SERVED DALAM PENYELESAIAN TUMPANG TINDIH WILAYAH IZIN USAHA PERTAMBANGAN. ENERAPAN PRINSIP FIRST COME FIRST SERVED DALAM PENYELESAIAN TUMPANG TINDIH WILAYAH IZIN USAHA PERTAMBANGAN.

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Abstract

Indonesian mining industry have undergone impressive pace of development that dispute
concerning overlapping on Mining Business License Area which triggers Mining Business License
cancellation or revocation. One of such incidents occur between PT Kemakmuran Pertiwi
Tambang and PT Wana Kencana Mineral, whereas both companies obtained Mining Business
License for the same commodity on the same Mining Business License Area. How can legal
certainty be relied upon concerning the Operation Production Mining Business License for
holders of Exploration Mining Business License on the overlapped Mining Business License Area
based on Mining Law and does the revocation conducted by the Governor of North Maluku has
been in accordance with the applicable regulation? To answer both issues above, the author
utilized normative qualitative analysis technique and interviews as supporting data. Based on Law
No. 4 Th. 2009 concerning mineral and coal mining Article 46, every holder of Exploration
Mining Business License shall reserve the right to obtain Operation Production Mining Business
License and by using "first come first served" system, PT Kemakmuran Pertiwi Tambang should
have the first right to obtain Mining Business License since they have obtained the Exploration
Mining Business License in 2005. Meanwhile the revocation conducted by the Governor of North
Maluku is clearly against the applicable regulations such as Law No. 30 Th. 2014 concerning
Government Administration, Law No. 9 Th. 2015 concerning Regional Regulation, General
Principles of Good Governance and Article 119 of Mining Law concerning the terms for Mining
Business License revocation.

Item Type:	Article
Subjects:	Penelitian > Fakultas Hukum
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Puskom untar untar
Date Deposited:	16 Dec 2020 18:26
Last Modified:	16 Dec 2020 18:26
URI:	https://repotest.untar.ac.id/id/eprint/13509

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