A CASE STUDY OF CRIMINAL AND CIVIL LEGAL ACTION FACING ILLEGAL GOLD MINING VIOLATIONS IN MANDAILING NATAL, INDONESIA
DOI:
https://doi.org/10.18623/rvd.v22.n2.3162Palabras clave:
Criminal, Civil Legal, Gold Mining, Violations, Mandailing NatalResumen
The abundant natural resources in Indonesia, both renewable and non-renewable, need to be managed optimally in order to produce more for the welfare of the people. One of them is the gold mine in Mandailing Natal, Indonesia which has great potential for the prosperity of the community, especially the surrounding community and provides income to the state. For this reason, a legal entity for gold mining in the Mandailing area is needed, so that miners are legal in their business. This is a legal problem that has hit gold mining, so that mining is still categorized as illegal. The Mandailing area gold mine can be categorized as a micro business carried out by small communities in the form of community mining. This research was carried out by tracing and analyzing cases of illegal gold mining in the Mandailing community in terms of legal regulations governing criminal acts of illegal gold mining in Mandailing Natal Regency. After the legal regulations, of course the causes of illegal gold mining crimes in Mandailing Natal Regency are analyzed. The final step is to analyze criminal law policies against illegal gold miners that occur in Mandailing Natal Regency. Content analysis is used to obtain data by looking through court records, societal conventions, and regulations. According to this study, customary criminal law had already been put into place and its principles were even more highly recognized by the community than the criminal and civil rules that were adopted directly from the book of laws.
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