Socio-Legal Study of Illegal Mining Activities in Mount Botak and Kolaka Indonesia

Sudiro, Amad (2019) Socio-Legal Study of Illegal Mining Activities in Mount Botak and Kolaka Indonesia. 9th Global Conference on Business and Social Sciences. ISSN 978-967-13147-0-8

9th GCBSS- Proceeding 10-7-2019.pdf

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Illegal mining (PETI) is a common activity which is in countries with qualifications as mining fertile phenomenon on Mount Botak and Kolaka. In fact, in the normative context, PETI's actions have been threatened with certainty as an offense stipulated in Article 158 of Act Number 4 of 2009 concerning Mineral and Coal Mining (Minerba Law). This study seeks to examine how the government policy to overcoming PETI and how the root causes of the rise of PETI are in Mount Botak and Kolaka? These questions will be answered by using a type of mixed-method research (doctrinal and non-doctrinal simultaneously), secondary data in the form of legal documents related to PETI obtained through literature studies and the types of primary data in the form of field observations on Mount Botak and Kolaka obtained through field study. To obtain the data, a socio-legal, statute and a theoretical approach were also used, which were then analyzed by inductive-deductive techniques. The results of the study show that the first, normative framework shows that efforts to overcome PETI in Indonesia are directed at repressive methods by relying on the criminal justice system to be carried out by the police (assisted by PPNS investigators), prosecutors and courts.However, in Mount Botak and Kolaka there is a special policy applied in Government and various related agencies). Second, the root causes of PETI in Mount Botak and Kolaka include: weak criminal law enforcement, lack of supervisory authority over PETI activities, weak legal awareness of society, and the absence of goodwill from law enforcement officials and the government which turned out to be a perpetrator of PETI and carried out illegal levies to PETI perpetrators.

Item Type: Article
Subjects: Penelitian > Fakultas Hukum
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: fh perpus
Date Deposited: 06 Aug 2019 02:07
Last Modified: 06 Aug 2019 02:07

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