Legal Protection for Investors Against Obstacles to Mining Activities in Konawe Regency

Abstract

The research aims are: 1) To find out and understand the forms of investor protection against barriers to mining activities. 2) To know and understand efforts to resolve community conflicts resulting from PT. ST Nickel Resources' mining activities. The type of research used in this thesis is normative using a doctrinal approach. The data collection methods used were document studies, field surveys and interviews using qualitative descriptive analysis. The results of this research show that : 1) Criminal acts in the mineral and coal mining sectors are legal subjects from a group of people who , on represent of a community organization called Pambers , have deliberately obstructed the activities of mining investors using the argument that the mining area of PT. ST Nickel Resources is an area or land controlled by a group of people before the provisions of law number 4 of 2009 concerning minerals and coal mining , then conflicts between investors and the community occurred through thuggery , obstructing mining activities , holding demonstrations . and build barriers / fences and stop heavy equipment activities working in the PT IUP-OP area. ST Nickel Resources, resulting in losses for investors. 2) Investor protection as a civil legal entity Limited Liability Company PT. ST Nickel Resources as the holder of a Production Operation Mining Business Permit (IUP-OP) for nickel ore commodities in carrying out mining activities requires very large production costs and paying obligations for state income including Regional Tax for the area of the Mining Business Permit , Non- Tax State Income (PNBP) sale of nickel ore , therefore the provisions of investor protection law strictly provide criminal threats for anyone who obstructions mining activities that are carried out officially as regulated under the provisions of Article 162 of Law No.3 of 2020 concerning amendments to Law No. 4 of 2009 concerning Mining Minerals and Coal.