The control of minerals and coal by the state as referred to in Paragraph (1) is organized by the Government and Regional Governments. The purpose of this research is to understand and analyze the management of river sand mining and grosok in accordance with applicable laws and regulations in Indonesia, also examine and analyze criminal law enforcement on illegal mining of river sand and grosok. This research is included in normative legal research. The results showed that to conduct community mining activities in river sand mining according to Law No. 4/2009 concerning Mineral and Coal is Article. 1 number 10; Article. 1 number 12; Article. 20; Article. 21; Article. 22; Article. 24; Article. 25; Article. 26; Article. 35; Article. 67; Article. 68; Article. 69; Article. 70; Article. 72; Article. 73; Article. 104; Article. 131 and Article 132 with their criminal sanctions are contained in Article. 158, Article, 159 and Article. 165. The investigation of criminal act of illegal mining of river sand and grosok by police officers of the Directorate of Special Criminal Investigation of East Java Regional Police resulted in the conclusion that there was a criminal act of illegal mining by everyone who conduct the mining without a permit, as referred to in Article 158 of Law of Republic Indonesia No. 3/2020 concerning amendments to Law of Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining, which has been amended by Law of Republic Indonesia No. 11/2020 concerning Job Creation.
The Oil and Gas Law provides a legal basis for steps to renew and realign Oil and Gas business activities. In accordance with the Oil and Gas Law, Pertamina’s function is a business entity, as an operator, by implementing the applicable laws and regulations. The government has established a government agency which in conducting its functions, duties, and authorities is independent, called the regulatory agency for the supply and distribution of fuel which was formed based on Government Regulation Number 67 of 2002 and Presidential Decree Number 86 of 2002, which referred to Government Regulation. This research aims to improve the supervision of the distribution of subsidized oil. Pertamina has collaborated with the Indonesian National Police through Pertamina Joint Agreement Letter (SKB) andNational Police Headquarters No. Pol. KEP/34/VII/2004 and Number KPTS-035/C00000/2004-S0 concerning on the Security of Kerosene and Diesel Fuel. Based on research result, the law enforcement on criminal act in the misuse of the trading system of subsidized diesel by the Police through investigations and investigations with the conclusion that the fulfillment of the elements of the article referred to in Article 55 of the Oil and Gas Law. Based on the Oil and Gas Law, the subjects are people and business entities. It can be seen in CHAPTER XI regarding criminal provisions.
The crime of theft is regulated in Book II, Chapter XXII of Law Number 1 of 1946 concerning on the Criminal Code (KUHP) Articles 362 to Article 367. In this Chapter, five types of theft are regulated, such as Ordinary theft (Article 362) Criminal Code, Theft with weight (Article 363) of the Criminal Code, Minor theft (Article 364) of the Criminal Code, Theft with violence (Article 365) of the Criminal Code, and Theft in the family (Article 367) of the Criminal Code. The type of research used in this research is sociological or empirical legal research since, in this case, the researcher directly observes what is happening in society. Based on the research result, Surabaya District Court, which conducts criminal investigations and trials, has decided in the defendant's case, sentencing the Perpetrator of Theft of Zte Wi-FiRouter Based on Decision Number 2011/Pid.B/2022/PN Sby. According to panel of judges, the punishment imposed on the defendant as stated in the court decision has been deemed as appropriate and fair, both from the defendant's interests, society's interests, and the implementation of the law generally, that punishment is used as a last resort and not as an attempt to exact revenge for the perpetrator act.
The purpose of this research is to analyze the implementation of law enforcement of perpetrators and analyze efforts to overcome perpetrators of criminal acts of counterfeiting fuel oil and gas in Bangilan Village, Bangilan Kecaatan, Tuban. This research is included in sociological juridical research. The legal sociological approach is a science from the development of legal science and can be observed by studying social phenomena that have legal aspects in society. The results of this research indicated that the implementation of law enforcement perpetrators of criminal acts of counterfeiting fuel oil and gas in Bangilan Village, Bangilan District, Tuban, the investigator concluded that the actions committed by the suspect Soniawan prasetio were proven to have violated Article 54 and Article 53 of the Law of the Republic of Indonesia No. 22/2001 concerning Oil and Gas, as amended by Law of the Republic of Indonesia No. 11/2020 concerning Copyright Work. The efforts of the East Java Regional Police in overcoming the criminal act of counterfeiting diesel fuel (BBM) are carried out with countermeasures in the form of pre-emptive efforts, preventive efforts and repressive efforts.
This research aims to analyze the criminal liability and law enforcement process against perpetrators who carry out unlicensed mining activities in Sukodadi village, Kabuh, Jombang. This research is included in sociological and legal research. The results indicated that the perpetrators fulfilled the elements of liability. In this case, the mistake considers intentionality and negligence, which means that the perpetrators are considered to have intentionality committed the act. Thus the perpetrators, in taking responsibility for their actions, can be subject to Article 160 paragraph 2 of the Law of the Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining Jo Article 55 Paragraph 1 to (1) of the Criminal Code with a maximum imprisonment of 5 (five) years and a maximum fine of IDR. 10,000,000,000,- (ten billion rupiah). The law enforcement process against the perpetrators conducted by the East Java Police Special Criminal Investigation Unit, namely conducting, summoning, confiscation, and searches in this case, is very supportive and mutually reinforcing between witness testimony, expert testimony, clues, and the existence of evidence seized with the confession of the suspect.
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