PELAKSANAAN DAN PENETAPAN GANTI RUGI TERHADAP LAHAN KONSESI IZIN USAHA PERTAMBANGAN BATU BARA MILIK PT. BANGUN BANUA PERSADA KALIMANTAN (STUDI DI PERUSAHAAN PT. BANGUN BANUA PERSADA KALIMANTAN & POLDA KALIMANTAN SELATAN)

As stated in Article 33 of the 1945 Constitution, the natural wealth of coal is used for the prosperity of the people. PT. BBPK which owns a coal mine in the Hatungun Village area and feels disadvantaged due to illegal mining carried out by PT. BJN as contractor of PT.TAJ. This research aims to determine the responsibility of PT. BJN as PT contractor. TAJ and find out the obstacles experienced by PT. BBPK in the compensation accountability process carried out by PT. BJN as contractor PT. TAJ. As a result of unlawful acts committed by PT. BJN as PT. TAJ contractor as contained in Law Number 3 of 2020 concerning Mineral and Coal Mining, PT. BJN as PT.TAJ's contractor must compensate PT.BBPK in the form of 5,000MT of coal or the equivalent of IDR 1,250,000,000.00. The obstacles experienced by PT. BBPK in this case is the difficulty of accountability by PT. BJN as contractor PT.TAJ in accordance with article 1365 of the Civil Code concerning Unlawful Acts. In this case, the parties agreed to resolve it using non-litigation methods, namely restorative justice. By reaching an agreement in the form of payment of compensation in the amount of returning IDR 1,250,000,000.00. Suggestions for the government to reaffirm the mining law, for law enforcers to maintain non-litigation resolution efforts, and for the community to learn more about the law in order to resolve cases non-litigation, this is to create peace