Jurnal Ilmiah Penegakan Hukum
Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER

Penegakan Hukum Materiel dan Formil Tindak Pidana Pertambangan Emas Tanpa Izin Polda Kalimantan Barat

Meindarwan, Estysaputro (Unknown)
Rahman, Adi Nur (Unknown)



Article Info

Publish Date
28 Dec 2025

Abstract

This study analyzes the strategies for enforcing both substantive and procedural criminal law by the Directorate of Special Criminal Investigation (Ditreskrimsus) of the West Kalimantan Regional Police in addressing Illegal Gold Mining (PETI), as well as identifying the challenges encountered in the field. The research employs an empirical juridical approach with a socio-legal perspective, conducted through interviews with investigators and analysis of legal documents. The findings indicate that substantive law enforcement is based on Law Number 3 of 2020 concerning Mineral and Coal Mining, while procedural enforcement is carried out through the stages of preliminary inquiry and investigation. However, its implementation faces several obstacles, including geographical constraints, budget limitations, and social resistance from communities economically dependent on PETI activities. The study emphasizes the need for a more integrative law enforcement policy through the harmonization of small-scale mining regulations and inter-agency synergy, recommending the acceleration of the establishment of People’s Mining Areas (WPR) as a strategic solution to reduce legal conflicts and environmental degradation in West Kalimantan.

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Journal Info

Abbrev

gakkum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...