The Implementation of Customary Sanction “Pengocek Torun” in Dayak Simpakng Community to Settlement of Illegal Gold Mining Ketapang Regency

Abstract

In Indonesia Mining Law, if mining activities occur without a permit, the act is a criminal offense regulated by Law Number 4 in 2009 concerning Mineral and Coal Mining. However, in empirical practice, there is a settlement of the case of unlicensed gold mining using legal instruments in the form of traditional sanctions like in Kualan Hulu Village, Simpakng Hulu Subdistrict, Ketapang Regency. This study is normative because it uses secondary data. Normative legal research is legal research involving the law as a system of building norms. The Norm system is about the principles, norms, rules of legislation, court decisions, agreements, and doctrines. Secondary data used in this study include legislation relating to unlicensed gold mining, documents, and writings relating to the cases studied. The result of the study revealed that although Indonesia has Law Number 4 in 2009 concerning Mineral and Coal Mining in the act of unauthorized Gold Mining activities (PETI), the application of customary law in providing sanctions against PETI perpetrators is still evident. One of the cases is in Kualan Hulu Village, Simpakng Hulu Subdistrict, KetapangRegency, where customary sanction by the local community is applied to "torun-tackers" against PETI perpetrators and considered effective to create a sense justice. Thus, the values contained in customary law can actually be adopted in the formation of mining law to develop a sense of justice as a legal objective.

Indonesian Artisanal and Small-Scale Gold Mining—A Narrative Literature Review

“…In spite of formal legal attempts to curb unlicensed mining, ASGM activities operating beyond the reach of the law are still ongoing. There has in the past been cases where instances of unlicensed gold mining were resolved using alternative, community-based legal instruments, in the form of customary sanctions in Kualan Hulu Village, Simpakng Hulu District, Ketapang Regency [ 108 ]. These customary legal sanctions against illegal mining actors in Kualan Hulu Village were considered effective in instilling a sense of justice, whilst achieving the objectives of the applicable law.…”

“…These customary legal sanctions against illegal mining actors in Kualan Hulu Village were considered effective in instilling a sense of justice, whilst achieving the objectives of the applicable law. The application of customary law in implementing sanctions against illegal mining actors is something which could also be adopted into the governmental mining law system in Indonesia [ 108 ].…”