Formulating a Criminal Policy of Unlicensed Tin Minings which the Community Welfare in Bangka Belitung IslandsImproves

DOI

10.2991/icoma-18.2019.18How to use a DOI?

Keywords

unlicensed mining, law enforecement, criminal policy

Abstract

Unlicensed mining is a complicated issue in the Province of Bangka Belitung Islands. Tin which used to be a strategic commodity, in the reformation era, has been stated as a non-strategic commodity; the export activities of tin are no longer supervised. As a result, unlicensed tin minings emerge, causing environmental damages to date. Therefore, it is important to investigate the following research problems: (1) what are the efforts to stop the unlicensed tin minings and their constraints? (2) how a criminal policy which improves the community welfare could be formulated? This qualitative study employs a post-positivism paradigm with socio legal approach. Data of the research consist of primary and secondary data obtained using participative observations, focus group discussions, documentations, and in-depth interviews with selected respondents. Based on the findings of the study, efforts to prevent unlicensed minings have been done through early detections, which are pre-emtive, preventive and repressive; however, the results are not optimal bacause they are affected by some factors. such as juridical factors in regional regulations and legislations, the limited capability of law enforcers, inadequate supporting facilities/infrastructures, low law and enviromental awareness, and negative social behaviors, as well as the pressure of the operations/workings of law in the society. The efforts to formulate criminal policy which improve the community welfare consist of penal and non-penal policies, which are integrated and located in the scope of substantial, structural, and cultural reformation

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Dwi Haryadi
PY  - 2019/10
DA  - 2019/10
TI  - Formulating a Criminal Policy of Unlicensed Tin Minings which the Community Welfare in Bangka Belitung IslandsImproves
BT  - Proceedings of the International Conference on Maritime and Archipelago (ICoMA 2018)
PB  - Atlantis Press
SP  - 82
EP  - 85
SN  - 2352-5401
UR  - https://doi.org/10.2991/icoma-18.2019.18
DO  - 10.2991/icoma-18.2019.18
ID  - Haryadi2019/10
ER  -