Law Enforcement to the Negligent Entrepreneurs in Accomplishing Mining Reclamation in order to be Efficient according to its Function

摘要

Mining goods are assets owned by Indonesia that can be added value in improving people's prosperity. As the mandate in the 1945 Constitution, Article 33 paragraph 3 states: "The earth, water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people". One of the elements to realize the prosperity and prosperity of the people in the management of the mine sector must reach the optimal level. Vice versa. If the management is unprofessional and not optimal, mining management will miserable the people. One example of mining activities that are not optimal like the former mining that leaves the neglected big holes, which is very dangerous to human life and other living creatures. It is, therefore, necessary to have a firm and consistent law enforcement that can create a deterrent effect. The purpose of this study is to analyze law enforcement efforts against neglected entrepreneurs in accomplishing mining reclamation, with empirical juridical method. The result reveals that the entrepreneur has an obligation to complete the mining reclamation in order to be efficient in accordance with its allocation. It is regulated in Law no. 4 of 2009 About Mineral and Coal Mining Article 96 point c. And accomplishing efforts are not done, then the sanctions will be given in the form of administrative sanctions, namely Article 151 paragraph 1 and 2 of Law no. 4 year 2009.