Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

Criminal Accountability for Mining Entrepreneurs Who Fail to Implement Reclamation

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343524,
        author={Rio Saputra Nurhiman},
        title={Criminal Accountability for Mining Entrepreneurs Who Fail to Implement Reclamation},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={accountability reclamation tin mining},
        doi={10.4108/eai.21-10-2023.2343524}
    }
    
  • Rio Saputra Nurhiman
    Year: 2024
    Criminal Accountability for Mining Entrepreneurs Who Fail to Implement Reclamation
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343524
Rio Saputra Nurhiman1,*
  • 1: Magister of Law, Bangka Belitung University, Indonesia
*Contact email: riosaputranurhiman@gmail.com

Abstract

The obligations of mining business actors, both corporation and community mining, in carrying out business activities are required to carry out reclamation and post-mining. The reclamation is in the form of arranging, restoring, and improving the quality of the environment and ecosystem, as well as social functions so that it can function again according to its designation. The government provides obligations to mining businesses to carry out reclamation as stipulated in the Mineral and Coal Law and other related regulations. The purpose of this study is to analyze criminal liability for mining business actors who do not reclaim and regulate criminal sanctions for mining business actors who do not reclaim. The research method used is normative juridical with a statutory approach. The results of this study show that aspects of criminal liability reclamation are: the existence of a criminal act, there is an element of error, there is a maker who is able to be responsible and there is no basis for forgiving.