GAGASAN MEDIASI PENAL DALAM PENEGAKAN HUKUM PIDANPERTAMBANGAN IZIN PERTAMBANGAN RAKYAT

  • Toni Toni Universitas Bangka Belitung
Kata Kunci: Penal Mediation, People's Mining, Permits

Abstrak

People's mining is a prima donna job for people whose area is a producer of mineral and coal mines. So there are many criminal cases of violating people's mining permits. The Center for the Study of Energy and Mining Law (PUSHEP) said that cases in the illegal mining sector or mining activities without permits dominated violations of mining law throughout 2020, reaching 230 decisions. The latest mineral and coal law does not include a penal mediation pattern in its enforcement. While penal mediation is a new legal breakthrough in theory and practice, over time cases of violations of people's mining permits (IPR) are increasing. Because the scope of violations of people's mining permits (IPR) is included in the scope of violations of criminal law in the category of violations and violations of criminal law, including criminal acts in the field of administrative law that place criminal sanctions as the ultimum remedium. So it is considered very appropriate to have provisions for Penal Mediation in the Mineral and Coal Law, especially for handling mining crimes related to people's mining permits (IPR).

Diterbitkan
2022-07-15