Tamulina Br. Sembiring
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Criminal Case of Unlicensed Mining (PETI) of Bauxite Ore by the Criminal Investigation Unit of Tanjung Pinang Police Ismaidar Ismaidar; Tamulina Br. Sembiring; Muhammad Aldin
Harmony Philosophy: International Journal of Islamic Religious Studies and Sharia Vol. 2 No. 1 (2025): International Journal of Islamic Religious Studies and Sharia
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/harmonyphilosophy.v2i1.66

Abstract

Tanjung Pinang City, with its natural resource potential in the form of bauxite ore, has experienced problems related to illegal mining activities (PETI) involving CV. Tri Karya Abadi. This case began with a report by PT Kemayan Bintan regarding theft and land grabbing in 2009. Investigations showed that CV. Tri Karya Abadi, despite having a limited permit, carried out exploitation outside the permitted area, utilizing heavy equipment and manipulative methods to obtain maximum profit. These activities resulted in the export of large amounts of bauxite to foreign countries. The investigation by the Criminal Investigation Unit of the Tanjung Pinang Police faced procedural obstacles, but succeeded in determining the main suspect and documenting the violations through the Investigation Report (BAP). In its resolution, this case dragged various parties with the application of sanctions based on Law No. 4 of 2009. An important lesson from this case is the need for synergy between the community, the police, and related agencies to prevent and take firm action against illegal mining activities. Consistent law enforcement with a multi-door system approach is key to protecting the environment and ensuring legal compliance.
Political Law Mining Mineral and Coal When Law Number 23 of 2014 Concerning Regional Government is in Effect Tamulina Br. Sembiring; Ismaidar Ismaidar; August Saut Maringan Sihombing
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 1 (2025): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i1.66

Abstract

Enforcement of Law Number 23 of 2014 concerning Government Area change significantly the governance of the energy and mineral resources (ESDM) sector, including mineral and coal mining (minerba). With this regulation, the authority to manage minerba mining is transferred from the district/city government to the central and provincial governments, thus giving rise to various legal implications. Disharmony between Law Number 23 of 2014 and Law Number 4 of 2009 concerning Mineral and Coal Mining shows inconsistencies in the division of authority. This study examines the legal politics which underlies the management of mineral and coal mining in Indonesia, the impact of regulations on regional institutions, as well as importance harmonization regulation to prevent overlapping policies. This study also highlights the importance of implementing the principle of lex specialis derogat legi generali to resolve conflicts of legal norms. The findings indicate the need for revision of related legal products to improve the efficiency and effectiveness of natural resource governance in order to achieve the goal of equitable public welfare.