The Implementation of Customary Sanction “Pengocek Torun” in Dayak Simpakng Community to Settlement of Illegal Gold Mining Ketapang Regency
Henny Damaryanti, AS Yenny, Siswadi
Available Online 20 October 2020.
- https://doi.org/10.2991/assehr.k.201017.068How to use a DOI?
- traditional sanction, unlicensed gold mining
- 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.
- Open Access
- This is an open access article distributed under the CC BY-NC license.
Cite this article
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 - https://doi.org/10.2991/assehr.k.201017.068 ID - Damaryanti2020 ER -