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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Jurnal Litigasi Amsir
Hasti, Armin
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan Hasti, Armin; Saleng, Abrar; Sumarji, Juajir
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3218

Abstract

The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations
Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan Hasti, Armin; Saleng, Abrar; Sumarji, Juajir
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3218

Abstract

The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations
Membongkar Kejahatan Cukai: Pendekatan Kriminologis terhadap Praktik dan Penegakan Hukum Asma, Zurfian Adi; Putra, Moch Alfatah Alti; Saputra, Iswandy Rani; Ramli, Aburizal Fatwa; Hasti, Armin
Jurnal Litigasi Amsir Vol 13 No 1 (2025): November
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study examines excise crime in Indonesia’s trade context by focusing on the circulation of illegal cigarettes without authorization in the jurisdiction of the Customs and Excise Supervision and Service Office Type Madya Pabean C Parepare. It aims to analyze the causes of illegal cigarette circulation and the forms of law enforcement carried out by the customs authority, using a combination of normative and empirical legal research with statutory and case approaches based on regulatory, literature, and field data. The results show that economic constraints, low legal awareness, broad supervisory areas with limited resources, high market demand for cheap cigarettes, and sanctions that lack a deterrent effect are the main driving factors, while law enforcement is implemented through reporting or in flagrante findings, investigation and sanctioning by Civil Servant Investigators, case file preparation, and submission to the Public Prosecutor under applicable criminal procedure and excise regulations
Co-Authors Abrar Saleng Asma, Zurfian Adi Putra, Moch Alfatah Alti Ramli, Aburizal Fatwa Saputra, Iswandy Rani Sumarji, Juajir