KAJIAN TUMPANG TINDIH KAWASAN DAN KEWENANGAN ANTARA SEKTOR PERTAMBANGAN, SEKTOR KEHUTANAN DAN MASYARAKAT HUKUM ADAT TERHADAP MASALAH AGRARIA DI INDONESIA.

• Main Author: BUCHARI, ISFAHANI
• Format: Final Project
• Language: Indonesia
• Subjects: Ekonomi tanah & energi
• Online Access: https://digilib.itb.ac.id/gdl/view/81237
• Institution: Institut Teknologi Bandung

Based on Undang-Undang No.5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria (UUPA), the definition of agrarian can be clarified into a wide scope, included earth, water, outer space, and natural resources that be contained inside. In wide definition, the agrarian law cover mining law and forestry law. Generally, protected forest and forestry resources mabagement is the authotity of forestry sector. Mining resource management is the authority of mining sector. Management of a region/area which cover traditional/customary land included management of agrarian resource and rights of land, refer to the local traditional/customary society, based on each customary law. Inside the area which is protected area, especially protected forest, often exist mining excavation object. Inside the area which is traditional/customary land or forest, often exist potential forestry resource or potential mining resource. The existence of two or more law system which express different rights, concerning same area, potentially lead to overlapping area and overlapping authority condition. Unsynchronous in overlapping area and overlapping authority management, potentially lead to conflict. Observation and study intends to know how far are the problems of synchronization of the authority and land occupation, to identify the principle problems and the accumulation of problem solving related to the overlapping of area and authority between forestry sector, mining sector and traditional/customary society in Indonesia.