Penegakan Hukum Pidana terhadap Pelaku Penambangan Galian C di Daerah Aliran Sungai Bingai

Abstract

Mining is an effort to explore various potentials contained in the bowels of the earth, one of which is Excavated C Mining. The rise of Excavation C Mining in the Bingai River Basin who mine sand, stone and soil illegally due to lack of firmness by law enforcers and low penalties. Based on the researcher's background, three (3) problems were discussed, that is: How mining legal regulations are based on laws and regulations in Indonesia? how to enforce the law against perpetrators of excavated mining in the Bingai river basin? and what are the efforts and obstacles in implementing criminal law against perpetrators of Excavation C Mining in the Bingai River Basin? The method used in this research is Empirical Juridical, namely descriptive-analytical research, which comes from library research and field research by conducting field studies at the Langkat Regency Environmental Service, Binjai Resort Police and the Sei Bingai Subdistrict Office. Data collection was assessed qualitatively with the help of document research. Based on research, it can be concluded as follows: Berdasarkan penelitian dapat disimpulkan sebagai berikut: Mining legal regulations in Indonesia are regulated in Law Number 3 of 2020 concerning Mineral and Coal Mining, and Government Regulation Number 23 of 2010 concerning the Implementation of Mineral and Coal Mining Business Activities, Criminal law enforcement against Excavated C Mining perpetrators in the Bingai River Basin is carried out in a preventive and repressive manner where the Excavated C Mining perpetrators do not have official permits from the government, and criminal sanctions against those involved in mining Excavation C who do not have a permit are subject to imprisonment for a minimum of 1 (one) year and a maximum of 3 (three) years and a fine of at least IDR 1,000,000,000.00 (one billion rupiah), Obstacles experienced in enforcing the law against perpetrators of Excavated C Mining in the Bingai River Basin originate from a lack of legal awareness among Excavated C Mining perpetrators, law enforcement factors, lack of information/reports from the community, and the involvement of law enforcement officers. The efforts made by the Environmental Service include environmental monitoring and guidance, especially regarding licensing policies for mining activities, and efforts to implement criminal sanctions carried out by the Police as law enforcement officers.