MODEL PERJANJIAN SEBAGAI ALTERNATIF PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN DALAM PERTAMBANGAN BATUBARA DI INDONESIA

Abstract

In resolving issues of environmental law, especially in the coal mining there are several legal instruments that can solve environmental problems. The instrument is a civil law, criminal law and administrative law. Instruments are usually based on the civil law of tort lawsuit. In this study will be discussed Instruments civil lawsuit based on breach of contract. To sue on the basis of breach of contract would require prior agreement. Therefore in this study made the Model Treaty as an alternative to environmental protection and management in coal mining in this study is Indonesia. Metode normative juridical approach, the method of data specifications deskripstif analitis.Dalam agreement is an alternative model of environmental protection and management, in the form of agreement make a written set tentanng liability clauses in the renter to protect the environment in accordance with the reclamation and mine closure plans made by the company as the pre-condition of obtaining mining license. So that when the tenant does not implement reclamation and mine closure plan, the tenant could have called in default. If the tenant has been declared in default then the tenant can be required to pay compensation, the rent may request cancellation of the agreement through the courts, or the rent may request a compliance agreement or compliance with the compensation agreement and cancellation of the agreement