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All Journal Dinamika Hukum Journal of Social Work and Science Education JIS: Journal ISLAMIC STUDIES ILLAT-J
Rafikah, Rafikah
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Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Journal of Social Work and Science Education

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The Effectiveness of Law Enforcement Against Illegal Gold Mining Offenders in Jambi Province: A Fiqh Jinayah Perspective Rafikah, Rafikah; Hasan, Hadri; Adawiyah, Robi'atul
Journal of Social Work and Science Education Vol. 6 No. 1 (2025): Journal of Social Work and Science Education
Publisher : Yayasan Sembilan Pemuda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52690/jswse.v6i1.1059

Abstract

This study examines law enforcement practices and their effectiveness in addressing illegal gold mining in Jambi Province, with additional analysis from the perspective of Fiqh Jinayah (Islamic criminal law). Employing an empirical juridical approach, the research was conducted in Sarolangun, Merangin, and Bungo Regencies. Informants included police officials from each region and individuals involved in illegal gold mining. Data were collected through observation, interviews, and document analysis, and analyzed via data reduction, display, and conclusion drawing. Findings reveal that law enforcement efforts begin with public education on environmental protection and the legal consequences of illegal mining. However, these efforts remain largely ineffective due to legal, structural, and socio-economic challenges. Contributing factors include the misalignment between laws and local realities, vague legal formulations, limited outreach, inadequate sanctions, and resource constraints faced by authorities. From the perspective of Fiqh Jinayah, illegal gold mining is categorized under Jarimah Ta’zir, allowing judge’s discretion in sentencing. Punishments can include imprisonment, fines, corporal penalties, or warnings, guided by principles of justice for both society and offenders. The study suggests that integrating Fiqh Jinayah may offer a culturally relevant alternative to enhance the deterrent effect and improve the overall effectiveness of law enforcement in this context.
Co-Authors Adawiyah, Robi'Atul Adawiyah, Robi’atul Asiyah, Asiyah Astuti, Riri Habi, Nuraida Fitri Hadri Hasan Hidayat, Ali Syamsu Hadi Tasnim Rahman Fitra Taufik, Herman Zulkarnaen, Muhammad