Enforcement of Illegal Mining Laws (A Model Based on Pancasila Justice)

Abstract

Illegal mining is an environmental crime that has a huge impact on the survival of living things around it, in the form of damage to land, water and air ecosystems. Law enforcement against illegal mining must continue to be carried out as a deterrent effect for perpetrators and the public who will carry out these prohibited activities. However, law enforcement must be based on the principles of justice. Indonesia has a state foundation, namely Pancasila, which in its principles are the ideals of the nation's founders who wanted harmony within the state, one of which is contained in the fifth principle of Pancasila "Social Justice for All Indonesian People". This research aims to determine and analyze the model of illegal mining law enforcement based on Pancasila justice in the West Kotawaringin Regency area. The approach method used is sociological juridical, analytical descriptive research specifications. The data used is primary data and secondary data. Data collection methods are field studies and literature studies. The data analysis method uses qualitative analysis. As analytical tools, Lawrence M. Friedman's legal system theory and the Pancasila theory of justice are used. The results of the research show that law enforcement does not have to be completely normative so that it seems rigid and punitive in providing a deterrent effect on perpetrators, but nowadays, with the continued development of society and the environment around it, it requires law to be a solution in resolving problems that occur in society. . As the basis of the state, Pancasila, which has principles in it, is the ideal of the nation's founders in creating harmony within the nation and state. So justice-based law enforcement is the best solution that guarantees the rights of every citizen and the environment from problems of damage caused by illegal mining.