Implikasi Hukum Praltik Pinjam Kawasan Hutan Untuk Kegiatan Pertambangan Batubara

Abstract

This study was submitted to answer two questions: The first, how is the legal construction on forest land use permit for the coal mining activities and what the legal issues contained in it; Secondly, how the implementation of legislation on forest land use permit for coal mining. This research uses a socio-legal approach by basing the number of respondents and the selected areas. This study included that the practice of leasing forest area for coal mining is removal of the forest area that was authorized by state. There is unclear legal status of legal liability for borrower forest area that not able to restore forest area only to give the payment to the state (PNBP) without reclamation. This practice obscures the meaning of the legal relationship borrowing. IPPKH implementation for coal mining did not provide protective functions of forest in East Kalimantan

Keywords: Legal Implications; Leasing; Forest; Coal Mining