Criminal Enforcement to Mining Company without Mining Business Permit Attributed with Law Number 4 Year 2009 on Mineral and Coal Mining (Case Studi in Tasikmalaya)

Abstract

The Constitution Republic Indonesia 1945 article 33 paragraph 3  stipulates that: "The earth, water and natural resources contained there in are controlled by the state and used for the greatest prosperity of the people". Indonesia has abundant mining potentials, its mining business activities, the government needs to make regulations concerning mining activities, the emergence of legal products in the form of Law Number 4 Year 2009 on Mineral and Coal Mining, mining business actors do not always follow the rules, Violates Article 158 of Law number 4 Year 2009 which is conducting mining business without mining business permit, as in some cases in Tasikmalaya. The main problem is how exactly Act number 4 of 2009 regulates the criminal provisions in the field of mining business and how the criminal enforcement in Article 158 of Law number 4 of 2009 to mining companies without mining business permit in Tasikmalaya. This thesis is descriptive analysis using normative juridical approach which use secondary data made of primary, secondary and tertiary law in the form of Law number 4 Year 2009, UUD 1945, Law number 8 Year 1981, secondary material in the form of books and tertiary sourced from internet. Data obtained then analyzed by normative qualitative analysis method. The specification of the research used is the description of analysis that is to describe comprehensively about the enforcement of crime against mining company without the mining business permit related to Law number 4 Year 2009. The conclusion study resulted that the regulation of mining business crime without mining business permit is contained in Article 158 of Law Number 4 Year 2009, with a maximum imprisonment of 10 years and a fine of not more than Rp 10,000,000,000.- Actually this rule has been good for offenders to produce a deterrent effect, but in the execution of his punishment, especially in Tasikmalaya is still far from optimal, ranging from supervisory functions by the Mining Service and the police to Judges and Public Prosecutors who are less daring in demanding and deciding mining cases in Tasikmalaya so as not to achieve the goal of criminal , Provides a deterrent effect.