Criminal Law Politics in the Management of Natural Resources: Efforts to Confront the Positivistic Thinking Absolutism

DOI

10.2991/aebmr.k.200513.003How to use a DOI?

Keywords

hulprecht, criminal law politics, legal positivism, natural resources

Abstract

The concept of the Right to Control by the State is the core teachings of the political activities of law in designing, formulating and enacting legislation in the field of Natural Resource management, which is based on Article 33 of the 1945 Constitution of the Republic of Indonesia. This concept gives the Government rights - as the executive power holder, to make arrangements through its policies for every citizen doing business in the field of Natural Resources. The emergence of this concept is an effort to reduce the liberalization and capitalization of natural resources, which must interfere in any exploration, exploitation, and distribution activities to ensure the principle of benefits for the achievement of public welfare (bestuurzorg). Therefore, to ensure compliance and compliance of business actors, it is necessary to regulate the norms of sanctions in the form of civil penalties, administrative sanctions, and criminal sanctions. In connection with the formulation of norms of criminal sanctions in laws relating to Natural Resources, there have been throwings (gowerfen-sein) in positivistic-legalistic cognitive interpretation activities. Thus, any violation of primary legal norms that have secondary legal norms in the form of criminal sanctions seems to be purely criminal events. As a result, the pattern of criminal punishment for criminal incidents emphasizes the retributive principle and ignores the purpose of the law. This study uses normative juridical methods using secondary data and uses several models of approaches, namely conceptual approaches, philosophical approaches, and critical approaches.

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/).

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TY  - CONF
AU  - M. Adystia Sunggara
AU  - Endra Wijaya
PY  - 2020
DA  - 2020/05/20
TI  - Criminal Law Politics in the Management of Natural Resources: Efforts to Confront the Positivistic Thinking Absolutism
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 10
EP  - 15
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.003
DO  - 10.2991/aebmr.k.200513.003
ID  - Sunggara2020
ER  -