Arrangement for Settlement of Unlisenced Gold Mining Crimes Through A Restorative Justice
- DOI
- 10.2991/978-2-38476-110-4_74How to use a DOI?
- Keywords
- Restorative Justice; Sanctions; Unlicensed Gold Mining
- Abstract
Unlicensed gold mining damages the ecosystem of natural resources and the environment. The sanctions applied can be non-penal in the form of Restorative Justice in order to find a win-win solution. It is very important to pay attention to the forms of criminal sanctions that will be applied. This study aims to analyze the settlement of gold mining crimes through a restorative justice approach. The method used in this research is normative juridical by using a conceptual and statutory approach. This study analyzes the settlement arrangements for gold mining without a permit as stipulated in the Minerba Law, there are still juridical problems in its application, especially those related to the determination of juridical qualifications whether the crime of mining without a permit is a crime or a violation and the application of combined criminal sanctions making it difficult to be met by criminals. So that it is possible to do restorative justice with certain conditions.
- Copyright
- © 2023 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Husni Thamrin AU - Sukamto Satoto AU - Usman PY - 2023 DA - 2023/11/07 TI - Arrangement for Settlement of Unlisenced Gold Mining Crimes Through A Restorative Justice BT - Proceedings of the 4th Green Development International Conference (GDIC 2022) PB - Atlantis Press SP - 749 EP - 758 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-110-4_74 DO - 10.2991/978-2-38476-110-4_74 ID - Thamrin2023 ER -