61 J.L. Pol'y & Globalization 91 (2017)
Investigation of Criminal Acts in Mining of Minerals and Coal by Investigators Civil Servant

handle is hein.journals/jawpglob61 and id is 92 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.61, 2017                                                                                         HE


Investigation of Criminal Acts in Mining of Minerals and Coal by

                               Investigators Civil Servant

          Jeanne Darc N Manik*   A.Rachmad Budiono2    Prija Djatmika3  I Nyoman Nurjaya'
  1.Doctorate Candidate of Law Faculty, Brawijaya University, Malang, Indonesia and Lecturer of Law Faculty,
                                   Bangka Belitung University, Indonesia
                    2.Postgraduate Program of Law Faculty, Brawijaya University, Malang
                    3.Postgraduate Program of Law Faculty, Brawijaya University, Malang
                    4.Professor of Anthropology of Law, Brawijaya University, Malang

Abstract
Law  enforcement  in mining involves various government agencies, namely  the police investigators and civil
servant investigators of conducting the investigation over the crime that occurred. The crime of mining concerns
aspects which are often technical in nature requires certain expertise in collecting much needed evidence in proof
in court. For it is very reasonable when the authorized agencies do this investigation has the ability of good and
reliable. The investigation is investigating a series of actions in the matter and according to the manner provided
for in this Act to find and gather the evidence with the evidence it made clear about the crime happened and to
find should suspect. Investigation as a preliminary step for tackling crime is a process that includes a series of
complex  investigation actions ranging from the most delicate to the actions of a very hard i.e. either a forced
effort. This type of research is the study of the law (Legal Research). Research directed at the practical side of
goal to allow the application concerns the formation of law and application of the law by related officials. The
results of this investigation process, then conducted filings with securities litigation and sent to the public
prosecutor for processed and relied upon  the claim at this stage of the prosecution in front of the Court.
Investigators civil servant in mining of Minerba in carrying out those powers as investigators did not become
subordinated from police investigators but only under the coordination and supervision of the national police
investigators, as for the forms of coordination and supervision.
Keywords   : investigation, investigators civil servant, criminal act, mining

1.   Introduction
Act Mining  of Mineral and  Coal (hereinafter referred to as the Act of Minerba) contained in the region of
Indonesia is not a renewable natural resources as a gift of God Almighty which has an important role in ful
filling the intention of living people, because it's management should be controlled by the state to provide added
value for real for the national economy in an effort to achieve prosperity and well-being of the people injustice.
The business activities of mining of Minerba business activities is outside the earth's heat, oil and gas as well as
ground water has an important role in providing value added significantly to the growth of the national economy
and sustainable regional development. The Constitution of the Republic of Indonesia Year 1945 (hereinafter
referred to as the Constitution NRI 1945) in Article 33 paragraph (3) confirms that Earth, water, and natural
resources contained there in are controlled by the State and used for the most of people's prosperity. Given
minerals and  coal as natural riches contained in the  Earth is natural resources that are not renewable,
management   needs to be done  may  be optimal, efficient, transparent, sustainable and environmentally, and
equitable in order to obtain the benefits of the prosperity of the people on an ongoing basis.
        Act No. 4 Year 2009 about Mineral and Coal Mining (hereinafter referred to as the Act of Minerba) on
Article 2 states minerals and/or coal mining is managed based on:
    a.  Benefits, justice, and balance;
    b.  Alignments  to the interests of the nation;
    c.  Participatory, transparency, and accountability;
    d.   Sustainable and environmentally
In the legislation in Article 145 Act of Minerba  stated that communities negatively affected directly from
mining business activities are entitled to:
    a.  Obtain  a proper redress due to errors in the business of mining activities in accordance with the
        provisions of the legislation.
    b.  File a lawsuit to the Court against loss due to mining concessions which  have violated applicable
        provisions
In order to support a sustainable national development, the purpose Act of Minerba in Article 3, are:
    a.  Assure  effectiveness of implementation and control of mining business activities are useful, powerful
        competitiveness in order to succeed;
    b.  Ensure the benefits of mineral and coal mining in environmentallysustainable and life;
    c.  ensure the availability of minerals and coal as raw material and/or as a source of energy for domestic


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