Research Article

The Essence of a Joint Operational Agreement in Nickel Mining Business

Authors

  • Surifman Rahman Faculty of Law, Indonesian Muslim University, Indonesia
  • Muh. Ikbal Faculty of Law, Indonesian Muslim University, Indonesia
  • Syahruddin Nawi Faculty of Law, Indonesian Muslim University, Indonesia
  • Ahyuni Yunus Faculty of Law, Indonesian Muslim University, Indonesia

Abstract

This study uses a normative legal research type using several approaches: the statute approach, the conceptual approach, the case approach, and the comparative approach. The essence of State control over mineral and coal resources does not mean "owned", but this definition gives the state the authority to regulate and administer the fibre to control the utilization of nickel mining management both individually and in groups for the realization of social justice. The state holds and makes legal rules regarding cooperation agreements (JO) involving between countries, private and individual. The cooperation agreement (JO) in the nickel mining sector essentially contains two objectives: the fulfilment of legal justice and legal certainty. The murder of judge is aimed at parties, including third parties in the cooperation agreement. In the construction of a cooperation agreement (JO) with legal certainty, several articles contain aspects of justice with standard confidence in allocation and distribution. The provisions of Article 3 letter e emphasize that the management of mineral and coal mining aims to increase the income of local, regional and state communities, as well as create employment opportunities for the most generous welfare of the people and this can be realized through a mutual agreement in the nickel mining sector. The principle of legal certainty also includes strengthening standard rules and norms in the cooperation agreement (JO) in the nickel mining sector to protect the parties' interests, which have not been regulated comprehensively in statutory regulations. The protection, fulfilment, advancement and enforcement of JO for the parties in the future will result in good state mining operations and the implementation of fair people's prosperity to achieve complete human development independence according to the Pancasila mandate the 1945 Constitution.

Article information

Journal

International Journal of Law and Politics Studies

Volume (Issue)

3 (1)

Pages

07-11

Published

2021-02-06

How to Cite

Rahman, S. ., Ikbal, M. ., Nawi, S. ., & Yunus, A. . (2021). The Essence of a Joint Operational Agreement in Nickel Mining Business. International Journal of Law and Politics Studies, 3(1), 07–11. Retrieved from https://al-kindipublisher.com/index.php/ijlps/article/view/1249

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Keywords:

Legality; Neck; JO; Nickel Mining