No full-text available
To read the full-text of this research,
you can request a copy directly from the authors.
PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERTAMBANGAN BATUAN NON LOGAM PADA TANAH HAK MILIK MASYARAKAT (Studi Pada Satreskrim Polres Kerinci)
Abstract
The enforcement of mining law is done on the land of property rights is an interesting part for the scientific study, because on one side of law enforcement is a constitutional obligation to maintain the jurisdiction of the state law, on the other hand the land ownership is constitutional recognition or part of the form of state protection law against its citizens, or more specifically that one of the characteristics of a constitutional state is the protection of human rights. Ownership of land is a part of human rights, and even property rights to land can be communal. Based on the above description, the issues discussed in this research are: Firstly, how is law enforcement against the criminal act of non-metallic rock mining on community property rights in the area of Kerinci Police . Secondly, what are the obstacles faced in law enforcement of non-metallic rock mining action on community property rights in Kerinci District Police and how to overcome these constraints.
This study aims to find out law enforcement against mining resulting in environmental pollution due to mercury. This type of research is the dualism of normative-empirical legal research and this research uses an approach. Law Enforcement Against Mining Causes Environmental Pollution Due to Mercury Liquid that there are three first ways is preemtive law enforcement, namely by coaching on actors this aims to strive to prevent environmental damage by mercury liquids. Second is preventive efforts by the police and the government to countermeasures by making appeals against the dangers of mercury use for the environment. While the last is law enforcement action by repressive means by confiscating tools and materials owned by miners. Environmental pollution that occurs is the indecision of the local government to enforce the law against illegal mining that is already damaging the environment. For that, both local governments and village governments should provide education to the community, especially to miners not to do things that should cause environmental pollution, especially the use of mercury.
Indonesia is a country rich in mines, such as gold, silver, petroleum, mines, etc. Mining must be carried out by the government or the private sector. Every mining company is required to obtain a permit as regulated in Government Regulation Number 4 of 2009 concerning Mineral Mining in conjunction with Government Regulation Number 23 of 2010 concerning the Implementation of Mineral Mining. In fact, not all companies have a license. There are so many companies operating illegally. One of them is gold mining without a permit (illegal) in Tonala Village, Gorontalo Regency. The specification of this research is descriptive analytic. The method used is the normative as the primary approach and the juridical empirical method as the secondary approach. The data sources are secondary and primary. Data collection techniques used field studies with interviews for primary data and literature studies for secondary data. Then, the data were analyzed qualitatively in the form of qualitative descriptive.
ResearchGate has not been able to resolve any references for this publication.