Penyelesaian Sengketa Pembebasan Lahan Pertambangan PT. Kaltim Prima Coal Terhadap Lahan Yang Diakui Masyarakat Sekitar Kabupaten Kutai Timur di Kalimantan Timur (Studi Kasus di Perusahaan PT. Kaltim Prima Coal)

Abstract

Land Acquisition is an effort to release the legal relationship that previously existed between land rights holders by providing appropriate compensation, and is based on conditions that must be fulfilled so that it does not harm or burden other parties. However, this scheme is sometimes still considered inappropriate because local people think that the scheme only views community land as an economic asset that can be easily converted into money. Therefore, by using qualitative research methods with an empirical juridical research type, this research aims to determine the reasons for disputes between PT. KPC with the surrounding community as well as legal efforts such as what PT. KPC in resolving mining land acquisition issues on land recognized by the community. The results of this research state that mining land acquisition often gives rise to various kinds of legal problems and disagreements with the surrounding community, especially regarding the value of compensation, therefore it is necessary to carry out consensus deliberation through negotiation in order to obtain an agreement with the aim of providing benefits for both parties and is necessary. accountability by PT. KPC in carrying out the acquisition process is still based on the terms of land acquisition, namely based on government policy in spatial management which must have a value of justice for the community, so that planning, allocation and use of land rights is needed to ensure that the land can function in accordance with the established plan. by the government or state for the realization of land rights. Apart from that, the results of this research also state that when solving problems, PT. KPC will first prioritize non-litigation resolution rather than litigation