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STATE SOVEREIGNTY OVER MINERAL RESOURCES IN FOREIGN INVESTMENT REGULATION AT MINING SECTOR IN INDONESIA Lanini, Agus
Tadulako Law Review Vol 1, No 1 (2016)
Publisher : Tadulako University

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Abstract

Abstract State sovereignty over mineral resources such asan authority  to manage  policy over mineral resouces, making regulation, and it implementation as mandatory of article 33 (3) UUDNRI 1945. Legal certainty and the honor toward international law as the basis of foreign investment agreement on mineral extraction between investment and the government of Indonesia that are established,  would be still recognized until the end of its period. Due to the sovereignty implementation over mineral resources still faced various problems that the government as constitution mandatory should be clearly thorough establish an authority as government representative and responsible in making a legal transaction to the investor in the frame of full security guaranty investation. Keywords: Indonesia, Mineral, Sovereignty
The Formation of Customary Law Related to the Use of Natural Resources in the Lore Lindu Region Agus Lanini; Sulbadana Sulbadana; Aminuddin Kasim; M. Yasin Nahar; Surahman Surahman
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 3 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no3.1331

Abstract

The research aims to know and comprehend the customary law principles as a rule in the exploration of natural resources, to know communities behavior on customary law in exploring the natural resources, and to explain the customary law as a beneficial rule to conserve the natural resources in lore lindu region. It will be conducted through the research method of socio-legal by data collecting will be done by direct observation of the research object as well as interview and participatory appraisal. Secondary data such as documented policy, law and regulations, political agreements, village demographic data, and other supporting data will be collected from various sources of concerns. The result of the research could be revealed as that the customary law principles as a rule in the explorations of natural resources still influence their rule in using its of course lead by head of tribe (totua Ngata) for a long time ago. As well as the communities behavior on customary law in using the natural resources in general. Then the customary law as a beneficial rule to conserve the natural resources in lore lindu region in particular can be assumed, but the intervention of state law or policy made it diminish gradually. Customary law related to forest conservation as a part of their values such as ombo (forbidden) cutting or bring tree or fish in a certain time. Keyword: Formation; Customary Law; Natural Resources; National Park
Peningkatan Kesadaran Hukum Tentang Konservasi Lingkungan Bagi Masyarakat Watutela Agus Lanini; Ikhsan Syafiuddin
Dinamisia : Jurnal Pengabdian Kepada Masyarakat Vol. 4 No. 4 (2020): Dinamisia: Jurnal Pengabdian Kepada Masyarakat
Publisher : Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/dinamisia.v4i4.4114

Abstract

Watutela group of farmers and ranchers, who are very vulnerable to various problems of forest destruction. Lack of public understanding of the prohibition of illegal logging of forest trees in forest areas (Grand Forest Park). Seeing this situation, the increase in legal awareness, especially understanding of the legal obligations to conserve forests with the status of a grand forest park area. The method of implementing the activity begins with field observations, then makes contact with the head of the RW for administrative purposes, determining the time for activities and invitations to prospective participants in focus group discussions. The participatory discussion method was carried out in the afternoon. It can be said that the level of understanding of the community in the sense of complying with the provisions of forest conservation is still low, after the activity appears perceptions and attitudes that are in line with the provisions of conservation so that a commitment is built to maintain the sustainability of the forest while still benefiting (symbiosis mutualism).
LEGAL STATUS OF LAND RIGHTS OF THE MINING COMPANIES IN CENTRAL SULAWESI Agus Lanini; Ikhsan Syafiuddin; Agustina Ali; Sulbadana Sulbadana; Lembang Palipadang; Budi Artha Perdana
Tadulako Social Science and Humaniora Journal Vol. 2 No. 1 (2021): Tadulako Social Science and Humaniora Journal
Publisher : LPPM Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/sochum.v2i1.15547

Abstract

This study aims to describe and analyze the legal status of mineral mining companies' land in Central Sulawesi, and secondly to explore and/or find alternative concepts in the field of land use adopted by the community in the mining area and its surroundings. To achieve this goal, a sociological/socio legal research method will be used. Document studies are carried out through a search for legal materials; primary, secondary and tertiary to obtain some data, then field data collection was carried out in the form of observations, in-depth interviews and participatory discussions (PRA). The phenomenon of problematic mineral mining occurs in almost every region in Indonesia, including Central Sulawesi. These facts show the importance of this research to be carried out in Central Sulawesi. Mining business is carried out after obtaining a permit from the government, prior to agreement with the party who has land rights, the government has first issued a mining business permit (hereinafter abbreviated as IUP), after the IUP is issued then a settlement with the party who has land rights in order to obtain approval. Land rights are very important in this regard, so the author is of the opinion that in granting mining business permits, comprehensive and effective consultation and deliberation first need to be carried out, involving communities directly affected by mining business activities, so that land rights are guaranteed optimal
Standardisation of Foreign Labour Investigation of Mineral Mining Company Agus Lanini; Sutarman Yodo; Ikhsan Syafiuddin; Muhammad Ahsan Samad
Sriwijaya Law Review Volume 8 Issue 1, January 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss1.2227.pp183-196

Abstract

The era of free trade, including trade in labour services, has been confirmed in the General Agreement on Trade in Services, which guarantees everyone the right to work anywhere, including in Indonesia, without discrimination while complying with Indonesian national laws. However, the entry of foreign workers raises several problems in the social and economic fields as well as security and order regarding the placement of these foreign workers. Regulation over the workers is ineffective because only a few authorities are delegated to the local government. This study aims to determine and measure the effectiveness of supervision of foreign workers by the Department of Manpower and Transmigration of the Central Sulawesi Province and to describe the supervision standards of foreign workers that already exist and should be implemented. The empirical legal research is used to examine the provisions of the supervision of foreign workers through observation, in-depth interviews, and focus group discussions. The data that have been collected are processed, classified, qualified, and then analysed qualitatively. The study found that only a few authorities regulated the duties and functions of supervision. The standard of foreign worker supervision has yet to be specifically regulated, so it still faces obstacles regarding coordination between the authorised agencies.