Rechtsidee
Vol. 13 No. 2 (2025): December

Criminal Law Enforcement against Illegal Gold Mining (Study of Decision No. 153/Pid.Sus/2023/PN.Mdl): Penegakan Hukum Pidana terhadap Pertambangan Emas Ilegal (Studi Putusan No. 153/Pid.Sus/2023/PN.Mdl)

Melati, Xhifa Mayputeri (Unknown)
Panjaitan, Budi Sastra (Unknown)



Article Info

Publish Date
19 Jul 2025

Abstract

General Background: Illegal gold mining has long served as a vital economic lifeline for communities in Lingga Bayu District, Mandailing Natal Regency. Specific Background: Despite its deep-rooted presence and socio-economic significance, such mining activities persist without formal governmental authorization, creating tension between legal norms and community livelihoods. Knowledge Gap: Existing legal enforcement often emphasizes punitive action, yet overlooks the structural socio-economic challenges faced by traditional miners. Aims: This study examines the implementation of criminal law enforcement against illegal gold mining and evaluates the fairness and justice outcomes of Decision Number 153/Pid.Sus/2023/PN Mdl by the Mandailing Natal District Court. Results: Findings indicate that while law enforcement adheres to normative legal standards and ensures legal certainty, it falls short in delivering substantive justice and long-term legal benefits for local miners. Novelty: The study highlights the misalignment between repressive legal mechanisms and the socio-cultural realities of community-based mining practices, advocating for a shift from a purely legalistic approach to one that is humanistic and transformative. Implications: The research suggests a need for integrative legal reform, including affirmative policies for people's mining legalization, to achieve holistic and sustainable justice for marginalized mining communities. Highlights: Highlights the gap between legal enforcement and local socio-economic realities. Critiques the repressive nature of criminal law against traditional miners. Proposes a transformative and inclusive legal reform model. Keywords: Illegal Mining, Law Enforcement, Community Justice, Court Decision, Humanistic Approach

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Journal Info

Abbrev

rechtsidee

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

RECHTSIDEE, provides a forum for publishing the original research articles, review articles and book review from academics, analysts, practitioners and those who interested to provide literature on Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Islamic ...