Vol. 6, Issue 6 (2020)
The reconstruction of the criminal sanction in the issuance of mineral and coal mining license in Indonesia based on justice value
Author(s): Andi Muhammad Iqbal, Gunarto, Sri Endah Wahyuningsih
Abstract: One of Indonesia's government's efforts to protect natural resources in Indonesia is by enacting Law Number 4 of 2009 concerning Minerals and Coal. However, in practice, however this protection is far from being fair. Seeing this, the author is interested in examining it into a study with the main problem of what are the weaknesses in the implementation of criminal sanctions in the issuance of problematic mineral and coal mining permits in Indonesia and how the reconstruction is able to realize the value of justice This research type is descriptive-analytical, meaning that the results of this study attempt to provide a comprehensive, in-depth picture of a condition or symptoms being studied. The approach method used in this research is the empirical juridical approach method where the data analysis used in this research is qualitative data analysis. The results of the study indicate that the weaknesses of mineral and coal management regulations in Indonesia are not only in terms of the substance of the law, which are many legal loopholes that make foreign investors free from charge in exploiting natural resources, as well as human resources in Indonesia, but also in terms of structure, which shows the weak law enforcement of the central and regional governments and the culture of the Indonesian nation itself which is vulnerable to corruption. To overcome this, it is necessary to have a pro-people reconstruction that prioritizes technology transfer and also reconstruction in terms of structure and culture itself from a culture of corruption.