THE CRIMINAL ACT OF ILLEGAL MINING OF SAND AND GROSOK
Universitas Dr. Soetomo Surabaya
Universitas Dr. Soetomo Surabaya
Universitas Dr. Soetomo Surabaya
DOI:
https://doi.org/10.56943/jlte.v2i1.269The control of minerals and coal by the state as referred to in Paragraph (1) is organized by the Government and Regional Governments. The purpose of this research is to understand and analyze the management of river sand mining and grosok in accordance with applicable laws and regulations in Indonesia, also examine and analyze criminal law enforcement on illegal mining of river sand and grosok. This research is included in normative legal research. The results showed that to conduct community mining activities in river sand mining according to Law No. 4/2009 concerning Mineral and Coal is Article. 1 number 10; Article. 1 number 12; Article. 20; Article. 21; Article. 22; Article. 24; Article. 25; Article. 26; Article. 35; Article. 67; Article. 68; Article. 69; Article. 70; Article. 72; Article. 73; Article. 104; Article. 131 and Article 132 with their criminal sanctions are contained in Article. 158, Article, 159 and Article. 165. The investigation of criminal act of illegal mining of river sand and grosok by police officers of the Directorate of Special Criminal Investigation of East Java Regional Police resulted in the conclusion that there was a criminal act of illegal mining by everyone who conduct the mining without a permit, as referred to in Article 158 of Law of Republic Indonesia No. 3/2020 concerning amendments to Law of Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining, which has been amended by Law of Republic Indonesia No. 11/2020 concerning Job Creation.
Keywords: Criminal Offence Illegal Mining Sand Mining
Arief, Barda Nawawi. Bunga Rampai Kebijakan Hukum Pidana. Cetakan 6. Jakarta: Kencana, 2017.
Cruz, Carolina Da. “Legal Aspects of Justice in Criminal Law Enforcement.” Jurnal Pembaharuan Hukum 6, no. 3 (December 30, 2019). http://jurnal.unissula.ac.id/index.php/PH/Article/view/396-405.
Khaq, Ifan Eldin, and Ahmad Hidayat. “The Law Enforcement Against an Illegal Online Loans Platform.” IUS POSITUM (Journal of Law Theory and Law Enforcement) 1, no. 3 (2022).
Matlala, Ramolobi L.G., Duxita Mistry, and Arnold Phala. “Measuring the Integrity of Law Enforcement Officers in Gauteng Province.” The International Journal of Social Sciences and Humanities Invention 3, no. 11 (November 14, 2016): 2969–2980. http://valleyinternational.net/thijsshi/v3-i11/5 theijsshi.pdf.
Rentier, E.S., and L.H. Cammeraat. “The Environmental Impacts of River Sand Mining.” Science of The Total Environment 838 (September 2022): 155877. https://linkinghub.elsevier.com/retrieve/pii/S0048969722029746.
Salim. Hukum Pertambangan Di Indonesia. Jakarta: PT Raja Grafindo Persada, 2014.
Sari, Septiana, and Darminto Hartono Paulus. “Pandecta Licensing Policy on Mineral and Coal Mining in the Concept of Division of Authority.” Pandecta: Research Law Journal 17, no. 2 (2022): 189–197.
Sukarman, Sukarman, Rachmat Abdul Gani, and Asmarhansyah Asmarhansyah. “Tin Mining Process and Its Effects on Soils in Bangka Belitung Islands Province, Indonesia.” SAINS TANAH - Journal of Soil Science and Agroclimatology 17, no. 2 (December 30, 2020): 180. https://jurnal.uns.ac.id/tanah/Article/view/37606.
Utari, Indah Sri, and Ridwan Arifin. “Law Enforcement and Legal Reform in Indonesia and Global Context: How the Law Responds to Community Development?” Journal of Law and Legal Reform 1, no. 1 (October 31, 2019): 1–4. https://journal.unnes.ac.id/sju/index.php/jllr/Article/view/35772.
Vogt, David Chelsom. “The Natural Meaning of Crime and Punishment: Denying and Affirming Freedom.” Criminal Law and Philosophy (November 24, 2021). https://link.springer.com/10.1007/s11572-021-09624-2.