Review Paper
Year: 2022 | Month: March | Volume: 9 | Issue: 3 | Pages: 401-416
DOI: https://doi.org/10.52403/ijrr.20220345
Alternative Dispute Resolution in Mining Disputes with the Mechanism of Mediation
Sabela Gayo1
1Lecturer Program Master of Law Universitas Bhayangkara Jakarta Raya, Indonesia
Corresponding Author: Sabela Gayo
ABSTRACT
In Article 33 of the constitution of the Republic of Indonesia Year 1945, the management and exertion needed protection and legal certainty both to the public as a common property over the excavated material, the entrepreneur as a manager, and the government as a regulator. Mining activities often cause disputes involving the government, employers mining (investors), and the community in the territory of the mining operations. Therefore, need to be pursued to resolve the dispute through the dispute settlement mechanism. Issues to be examined include the development of the regulation of business activities the mining sector in Indonesia and the dispute settlement mechanism in the field of mining in order to create legal certainty and justice. This paper discusses the completion of mining disputes by alternative dispute resolution in mining through the concept of mediation. Be aware that the development of the regulation of the activities of the mining business in Indonesia has existed since the reign of the Dutch east Indies with the entry into force of the Indische Mijnwet 1899, after the independent published a Regulation Number 37 of the 1960s about Mining, Regulation Number 44 of 1960 on Oil and Gas, LAW Number 37 of Prp. 1960 about Mining, later replaced by LAW No. 11 of 1967 about the Basic Provisions of Mining which is then lifted and the publication of LAW No. 4 Year 2009 on Mineral and Coal Mining. As for the dispute settlement mechanism of mining through a few options that include adjudications, non-adjudications, the court, arbitration, ADR, mediation and traditional institutions. In this discussion the author argues that the choice of dispute resolution through mediation is the right choice rather than the settlement of disputes in court. This is due to the mediation has several advantages such as the dispute resolution process is faster, the result of an agreement that is a “win-win solution”, as well as the guarantee of the confidentiality of the dispute from the public spotlight. Based on these advantages, mediation is considered more appropriate to be applied in a contract dispute mining in Indonesia.
Keywords: Alternative Dispute Resolution, Mining, Mediation.
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