ENFORCEMENT OF CRIMINAL LAW AGAINST PERFORMERS OF MINING EXAMINATION C WITHOUT A PERMIT

Abstract

Mining issues in Indonesia are currently being questioned by various groups, including in the jurisdiction of the Central Kalimantan Regional Police which has potential natural resources in the form of C minerals such as sand and granite soil. Mining activities for mineral C without a permit in the Central Kalimantan Regional Police Legal Area are carried out at various locations using heavy equipment in the form of excavators. If conditions like this are allowed to continue, of course it will have a huge negative impact on the environment and communities around the mining site. The aim of this research is to analyze efforts to enforce criminal law against perpetrators of C excavation mining without a permit in the jurisdiction of the Central Kalimantan Regional Police and to analyze the application of criminal sanctions against perpetrators of C excavation mining without a permit in the jurisdiction of the Central Kalimantan Regional Police. This research uses a sociological juridical approach, the research specifications are analytical descriptive research. The data source used is primary data obtained by interviews. Meanwhile, secondary data uses books and laws related to theoretical issues as a legal basis. The results obtained from this research are (1) that law enforcement against perpetrators of mining C minerals without permits in the jurisdiction of the Central Kalimantan Regional Police has been carried out optimally by the Special Criminal Investigation Directorate of the Central Kalimantan Regional Police, although the results are still not satisfactory. The number of cases of C excavation mining without permits in the jurisdiction of the Central Kalimantan Regional Police has increased in the last 5 years. In 2019 there were 16 cases, in 2020 there were 23 cases, in 2021 there were 31 cases, in 2022 there were 37 cases, and in 2023 there were 49 cases. In all these cases, the perpetrators have been referred to the judicial process to be examined and tried; (2) The main obstacles to efforts to enforce the law on mining C minerals without a permit in the jurisdiction of the Central Kalimantan Regional Police, namely: 1) The extent of the Central Kalimantan Regional Police's legal area; 2) The business of mining C minerals is a prime business; 3) Low criminal sanctions given to perpetrators. The solutions taken to overcome these obstacles are: 1) Making efforts to provide adequate facilities and infrastructure as well as a sufficient budget; 2) Carrying out regular control activities by collaborating with the local district government and providing education about the importance of obtaining permits in the form of People's Mining Permits (IPR); 3) Imposing criminal sanctions that are severe enough to provide a deterrent effect against perpetrators of mining C minerals without a permit.