•  
  •  
 

Abstract

The mining industry is inherently risky, so the rule of law, enforcement, and implementation of safety measures are essential. Addressing this problem requires various approaches, including community involvement in addressing abandoned mine pits without reclamation. This study examines the effectiveness of the Minerba Law in overcoming unclaimed mine pits from a criminological perspective. This research is normative legal research using a statutory approach, while the inventory of positive law is carried out by comprehensively identifying, correcting, and organizing norms. The theory of effectiveness is the basis for studying criminology, which causes many violations of reclamation obligations as regulated in the criminal provisions of Law Number 3 of 2020 concerning Minerals and Coal. Law enforcement: Although there are administrative and criminal sanctions for companies that do not carry out reclamation. Based on criminology, this is due to several factors: socio-economic factors, law enforcement factors, and light legal sanctions factors. In addition, no company has been found criminally guilty of not carrying out reclamation. The Minerba Law is considered ineffective because criminal sanctions are considered a last resort so they are rarely enforced, and criminal sanctions are not fully effective.

Download

Share

COinS