LEGAL IMPLICATIONS OF CULTIVATION RIGHT ISSUED ON MINING BUSINESS PERMIT (Case Study of Issuance of Cultivation Right Certificate Number: 00090/Bangka on Behalf of GUNUNG PELAWAN LESTARI (GPL) COMPANY ON MINING BUSINESS PERMIT OF TIMAH COMPANY in Bangka

Abstract

This thesis was aimed to find out and analyze whether the issuance of a Certificate of Cultivation Rights on Mining Business Permit (IUP) complies with the secure principle that can guarantee legal certainty and the implications of issuance of Cultivation Right Certificate on an IUP for Cultivation Right and IUP holders. This research applied a normative legal research or library research method, which was carried out by examining library materials or secondary data. Based on the research results, the authors concluded that: First, the issuance of GPL Company in accordance with the provisions of the Laws and Regulations in the field of land, and also in accordance with the fact that IUP was not the ownership of land rights, so there were no land rights as referred to in Article 16 paragraph (1) Law Number 5 of 1960 concerning Agrarian Fundamentals Regulations (UUPA) which were born earlier on the land in question, as well as considering the agreement between TIMAH Company as the holder of Mining Business Permit and GPL Company as the holder of land rights is included as part of the consideration in the decision on granting Cultivation Rights to GPL Company met the secure principle. Second, the legal implication of issuing a Cultivation Right Certificate above the IUP for GPL Company as a land rights holder and TIMAH Company as an IUP holder was that the Cultivation Right of GPL Company was the legitimacy of legal land rights and received legal protection so that they did not overlap with IUP.