The Implementation of Ultimum Remedium Principles in Law Enforcement of Criminal Act Illegal Mining

摘要

The problem of illegal mining crime is a problem that is not merely a problem that can be solved criminally, but also associated with social, economic, and community environment, because the perpetrators are mostly local community groups who are marginally dependent on illegal mining, therefore becomes a crucial law enforcement problem, demanding a serious surveillance from the government in adopting a punitive punishment policy related to articles 158 and 160 of Law No.4 of 2009 on Mineral and Coal Mining. The emerging problems in managing the handling of illegal mining cases (PETI) are the author reason to conduct a research to examine the policies that have been using criminal law enforcement approach, along with problems associated to the correlation of legal aim and benefits for the PETI community and its constraints, also appropriate policies to overcome illegal mining problems. This research uses normative juridical research method with the legislative approach and analyzed qualitatively by literature study and field observation on PETI community perpetrators of gold mining at Gunung Pongkor Bogor, and also socio-legal research method. The result has shown that it is obvious that the existence of the ultimatum remedium provides the government a space to formulate alternative policy rather than solving the problems by criminal punishment. The resolves of above problems stated, is the occurrence background factor, regulatory issues, the bureaucratic capacity, normative guidance and supervision factors, law enforcement constraint factor and socioeconomic factor. The policy of law enforcement through utilitarianism approach and punitive policy as ultimatum remedium. In the end, it is suggested that law enforcement apparatus must consider non-punitive law enforcement towards PETI and the government should prioritize the guidance and supervision so that local communities' apparatus who are dependent marginally are forced to do PETI's deed as if it is a legal business.