MEMBANGUN POLITIK KRIMINAL PADA PERTAMBANGAN BATUBARA YANG MENYEJAHTERAKAN MASYARAKAT MELALUI SARANA NON-PENAL
Abstract: In Article 33
paragraph (3) of the Constitution of 1945, states earth water and natural
resources contained therein controlled by the state and used for the welfare of
the people. The realization of such mastery by delegating the authority to
manage the natural resources of the state to the company is to provide state
Mining Permit or Special Mining Permit. In protecting and overseeing the
company that is engaged in coal mining government passed Law Number 4 of 2009
on Mineral and Coal Mining. In Article 162 of Law Number 4 of 2009 states that
every person who impede or interfere mining activities from business license
holders of mining and business permit of the mining specifically penalized by
fines or imprisonment. The article shows a process of criminalization an action
(criminal policy), which aim to protect the companies that already have a
Mining Permit, but the criminal policy is contrary to the purpose of the
criminal policy is an effort for the welfare of society and policies the
protection of society, the existence of Article 162 of Law Minerals coal and
coal mining communities can impede convicted. In the case of the counteraction
form caused they want to protect the environment or their ancestral lands from
exploration activities. So it is activity is not uncommon form of criminal
policy by means of criminal law that gives rise to new conflicts. Therefore the
criminal policy should be shifted from penal facilities to non-penal policy
more accommodating community participation, so that the purpose of the criminal
policy, namely the welfare of society and protect the community can be
realized.
Penulis: Arif Firmansyah, Euis
D. Suhardiman
Kode Jurnal: jphukumdd151572
