The Implementation of Customary Sanction “Pengocek Torun” in Dayak Simpakng Community to Settlement of Illegal Gold Mining Ketapang Regency

DOI

10.2991/assehr.k.201017.068How to use a DOI?

Keywords

traditional sanction, unlicensed gold mining

Abstract

In Indonesia Mining Law, if mining activities occur without a permit, the act is a criminal offense regulated by Law Number 4 in 2009 concerning Mineral and Coal Mining. However, in empirical practice, there is a settlement of the case of unlicensed gold mining using legal instruments in the form of traditional sanctions like in Kualan Hulu Village, Simpakng Hulu Subdistrict, Ketapang Regency. This study is normative because it uses secondary data. Normative legal research is legal research involving the law as a system of building norms. The Norm system is about the principles, norms, rules of legislation, court decisions, agreements, and doctrines. Secondary data used in this study include legislation relating to unlicensed gold mining, documents, and writings relating to the cases studied. The result of the study revealed that although Indonesia has Law Number 4 in 2009 concerning Mineral and Coal Mining in the act of unauthorized Gold Mining activities (PETI), the application of customary law in providing sanctions against PETI perpetrators is still evident. One of the cases is in Kualan Hulu Village, Simpakng Hulu Subdistrict, Ketapang Regency, where customary sanction by the local community is applied to “torun-tackers” against PETI perpetrators and considered effective to create a sense justice. Thus, the values contained in customary law can actually be adopted in the formation of mining law to develop a sense of justice as a legal objective.

Copyright

© 2020, 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/).

Download article (PDF)

TY  - CONF
AU  - Henny Damaryanti
AU  - AS Yenny
AU  - Siswadi
PY  - 2020
DA  - 2020/10/20
TI  - The Implementation of Customary Sanction “Pengocek Torun” in Dayak Simpakng Community to Settlement of Illegal Gold Mining Ketapang Regency
BT  - Proceedings of the International Conference on Community Development (ICCD 2020)
PB  - Atlantis Press
SP  - 308
EP  - 311
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201017.068
DO  - 10.2991/assehr.k.201017.068
ID  - Damaryanti2020
ER  -