FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol 16 No 1 (2022)

Criminal Sanctions’ Reformulation in the Reclamation of the Mining Community

Faisal Faisal (Universitas Bangka Belitung)
Derita Prapti Rahayu (Universitas Bangka Belitung)
Yokotani Yokotani (Universitas Bangka Belitung)



Article Info

Publish Date
07 Jun 2022

Abstract

The norm of sanctions in Mining Law 2020 through irrational legislative policies can trigger criminal disparities and become a criminogenic factor. Reformulation efforts are needed in formulating sanctions regarding reclamation. This research aims to realign the purpose of criminalizing the post-mining reclamation obligation in the community mining category. The discussion is focused on the provisions reformulation for the community mining category's reclamation obligation. The problem will be researched using normative legal research methods. According to this research, the reclamation obligation sanction is an omission offense. The reclamation omission offense is both a passive law and a formal offense. Reformulation is based on the basic idea of ​​balancing the double-track system of criminal sanctions. Criminal sanctions become the last instrument if the sanctions are ignored. Action sanctions prioritize restoring post-mining environmental conditions. The criminal sanctions threat and fines in the community mining category must be lighter.

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Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...