PENYELESAIAN SENGKETA TANAH DI WILAYAH PERTAMBANGAN POMALAA

Abstract

Background: This study aims to analyze the resolution of land disputes between landowners and companies holding Mining Business Permits (IUP) and to examine appropriate compensation mechanisms. The research method used is normative juridical with a literature study approach in the Pomala area of Kolaka Regency, Southeast Sulawesi, Indonesia. However, in some cases, if mediation fails, the settlement continues to the realm of litigation. This study concludes that the active role of the Regional Government and company transparency are key to resolving mining disputes. Methods: This research is a legal research using normative juridical methods. The approaches used are the statutory approach and the case approach. The data used are sourced from secondary data, including primary legal materials in the form of laws and regulations (the Mining Law and the Basic Agrarian Law) and secondary legal materials in the form of scientific journal articles, official news reports, and previous research results relevant to land disputes in the Pomalaa mining area. The data collection technique was carried out through documentary studies by reviewing literature related to the dynamics of agrarian conflicts between local communities and nickel mining companies in Kolaka. The collected data were analyzed descriptively and analytically to map the root of the problem and available legal resolution efforts. Results: The research results indicate that the dispute arose from differences of opinion regarding the price of land acquisition and the unclear status of compensation for crops on the land. Dispute resolution was prioritized through a consensus approach (mediation) facilitated by the local government to reach an agreement on compensation. However, if mediation failed, the settlement proceeded to litigation. Conclusions: This study concludes that the active role of local governments and company transparency are key to resolving mining disputes. Therefore, collaboration between governments, companies, and communities is necessary to create fair resolutions and provide legal certainty for all parties involved.