TANGGUNG JAWAB NEGARA TERHADAP KONFLIK AGRARIA AKIBAT PENERBITAN IZIN PERTAMBANGAN PADA TANAH YANG DIKUASAI MASYARAKAT: PERSPEKTIF PERLINDUNGAN HAK KONSTITUSIONAL ATAS

Abstract

Agrarian conflicts arising from the issuance of mining business licenses on land already held by local communities reveal a lack of alignment among land, spatial planning, and mining licensing policies, thereby threatening the communities' constitutional rights to land. This study aims to analyze the state's responsibility regarding agrarian conflicts in the mining sector and the forms of legal protection for communities' constitutional land rights, viewed through the perspectives of agrarian and constitutional law. This research differs from previous studies by focusing on an analysis of state responsibility based on the concept of the state's right of control (*hak menguasai negara*) and the protection of communities' constitutional land rights. A normative legal research method is employed, utilizing statutory, conceptual, and case approaches, with analysis conducted through a qualitative-juridical lens using deductive reasoning. The findings indicate that the state bears both preventive and repressive constitutional responsibilities in resolving agrarian conflicts within the mining sector. Preventive responsibility is manifested through the harmonization of regulations, the integration of land and licensing data, the strengthening of public participation, and the protection of community land rights; meanwhile, repressive responsibility is realized through the provision of effective dispute resolution mechanisms, law enforcement regarding legally flawed licenses, and the restoration of rights for aggrieved communities. Consequently, the exercise of the state's right of control must be directed toward achieving agrarian justice and the greatest possible prosperity for the people.