COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE

The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conduc...

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Autores principales: Faisal Faisal, Derita Prapti Rahayu
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Publicado: Faculty of Law, Universitas Sebelas Maret 2021
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Acceso en línea:https://doaj.org/article/076c76b64e61425bb1db6c86a683d46c
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spelling oai:doaj.org-article:076c76b64e61425bb1db6c86a683d46c2021-11-15T09:35:06ZCOUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE0852-09412549-090710.20961/yustisia.v10i2.47189https://doaj.org/article/076c76b64e61425bb1db6c86a683d46c2021-08-01T00:00:00Zhttps://jurnal.uns.ac.id/yustisia/article/view/47189https://doaj.org/toc/0852-0941https://doaj.org/toc/2549-0907The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.Faisal FaisalDerita Prapti RahayuFaculty of Law, Universitas Sebelas Maretarticlecriminal politcymining crimeprogressive lawLawKENIDYustisia, Vol 10, Iss 2, Pp 226-239 (2021)
institution DOAJ
collection DOAJ
language EN
ID
topic criminal politcy
mining crime
progressive law
Law
K
spellingShingle criminal politcy
mining crime
progressive law
Law
K
Faisal Faisal
Derita Prapti Rahayu
COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE
description The complexity of mining business governance affects rational actions to tackle mining crime using the criminal policies in a progressive legal dimension. This research focuses on dealing with mining crime using criminal policies and rational efforts in the progressive legal dimension. It was conducted using normative legal research method using secondary data obtained from primary and secondary legal materials. The urgency of this research is to provide guidance towards the application of appropriate rules of mining for the actors in the business. It was also directed to provide references in mining law enforcement through an integral policy. The results showed that criminal policy through penal means in the formulation stage has the ability to regulate licensing crimes, corporate crimes, crimes against reclamation, and criminal obstruction of mining businesses. Moreover, the application stage involves the legal construction of material and formal offenses while the execution stage requires integral law enforcement. It is also important to note that the non-penal means which focuses on prevention maps potential actors with the ability to create the victims while the secondary prevention maps the mining areas with potential conflicts. This means the progressiveness of mining criminal policies rationally in the progressive law dimension enforces certainty and basic ideas underlying the norms.
format article
author Faisal Faisal
Derita Prapti Rahayu
author_facet Faisal Faisal
Derita Prapti Rahayu
author_sort Faisal Faisal
title COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE
title_short COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE
title_full COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE
title_fullStr COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE
title_full_unstemmed COUNTERMEASURE POLICY ON MINING CRIME UNDER THE LEGAL PROGRESSIVE PERCEPTIVE
title_sort countermeasure policy on mining crime under the legal progressive perceptive
publisher Faculty of Law, Universitas Sebelas Maret
publishDate 2021
url https://doaj.org/article/076c76b64e61425bb1db6c86a683d46c
work_keys_str_mv AT faisalfaisal countermeasurepolicyonminingcrimeunderthelegalprogressiveperceptive
AT deritapraptirahayu countermeasurepolicyonminingcrimeunderthelegalprogressiveperceptive
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