Setiyahadi, Untung (2017) KEBIJAKAN HUKUM PIDANA TERHADAP TINDAK PIDANA PERTAMBANGAN MINERAL DAN BATUBARA (STUDY KASUS NORMALISASI KALI BEBENG KABUPATEN MAGELANG). Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
Thesis entitled Criminal Law Policy Against Minerals and Coal Mining Case (Case Study of Normalization of Kali Bebeng Magelang Regency). In tackling the criminal act of mineral mining and coal with case study of normalization times bebeng in Magelang regency. Based on the description in this Thesis, the issues that will be examined are: 1) What is the criminal law policy towards the criminal act of mineral mining and coal in the current positive law? 2) What are the obstacles to Implementation of Law Number 4 Year 2009 regarding Mineral and Coal Mining? 3) What is the criminal law policy towards the criminal act of mineral mining and coal and what is the solution The research objectives in this research are: 1) To know the criminal law policy toward mineral and coal mining crime in positive law at this time. 2) To know what obstacles to Implementation of Law Number 4 Year 2009 on Mineral and Coal Mining.3) To know the criminal law policy toward mineral and coal mining crime and what is the solution. The result of the research concludes that: 1) The crime policy on criminal offenses in the field of mineral and coal mining is currently loaded in Law no. 4 of 2009 on Mineral and Coal Mining. With formulated CHAPTER XXIII Penal provisions Article 158-165 in Minerba Act is a form of implementation of this formulation phase is seen as a very important stage in the process of crime prevention by penal means. However, the results of research indicate that the stipulation stage of criminal law in the Minerba Act fails, in the sense that the criminal provisions in the law can not give a clear direction to the authorized body at the stage of criminalization and also for the implementing agency authorized at the stage of criminal execution . How not to say so, because there are many weaknesses in the regulated criminal provisions. 2) Barriers that occur in the implementation of Law Number 4 Year 2009. a. Limitation of minimum area of exploration, b. Divestment Obligation After 5 (Five) Years of Production Operation, c. Regulation is not neutral to the competition of the business. The government's authority to determine the production amount of each commodity per year per province. d. Priority to BUMN and BUMD, Obligation to use local and / or national companies, and prohibition of using affiliated companies. e. Limits The territory of a maximum area of mining operations. 3) Criminal Law Policy on mineral and coal mining crime and its solution is the policy of mineral mining and coal mining must also prioritize nonpenal aspect, through coaching and supervision. Keywords: Criminal Law Policy, Minerals and Coal Mining Crime
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Ilmu Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 19 Jan 2018 03:03 |
| Last Modified: | 19 Jan 2018 03:03 |
| URI: | http://repository.unissula.ac.id/id/eprint/9495 |
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