Shift of Criminal Liability in Unauthorized Oil Mining Offenses Towards Realizing The Welfare of the People

DOI

10.2991/978-2-38476-194-4_29How to use a DOI?

Keywords

Criminal Liability; Unauthorized Oil Mining; Realizing the Welfare of the People

Abstract

This research has the purpose to: (1) To analyze and evaluate the Concept of Criminal Liability in Unauthorized Oil Mining Offenses in the context of realizing the welfare of the people. (2) To discover that the Norm Shift Regarding the Concept of Criminal Liability in Unauthorized Oil Mining Offenses can contribute to the welfare of the people. This research is motivated by the absence of a supervision system for oil mining permits and the occurrence of norm shifts in criminal sentencing for unauthorized oil mining offenses, resulting in a lack of clarity in procedures and processes regarding the imposition of criminal sanctions. The issues in this research are as follows: (1) How is the Concept of Criminal Liability in Unauthorized Oil Mining Offenses Framed to Achieve the Welfare of the People? (2) Can the Shift in Norms Regarding the Concept of Criminal Liability in Unauthorized Oil Mining Offenses Contribute to the Welfare of the People? Research Methodology: (1) Normative juridical research type. (2) The research employs the following approaches: (a) Statute approach, (b) Conceptual approach, and (c) Case approach. Analysis of Legal Materials: The obtained legal materials are inventoried and subsequently analyzed qualitatively, providing descriptions of results that prioritize the quality of legal materials. The method of legal material analysis employed is systematic interpretation. Drawing conclusions from the analysis results is conducted using the deductive method, which involves inferring research outcomes from general principles to specific instances. The intended results include discovering a formulation regarding a supervision system for oil mining permits and elaborating on the concept of shifting criminal liability in imposing penalties for unauthorized oil mining offenses, resulting in the lack of clarity regarding procedures and processes for imposing criminal sanctions.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sahuri Lasmadi
AU  - Elly Sudarti
AU  - Nys. Arfa
AU  - Pahlefi Pahlefi
PY  - 2024
DA  - 2024/01/19
TI  - Shift of Criminal Liability in Unauthorized Oil Mining Offenses Towards Realizing The Welfare of the People
BT  - Proceedings of the International Conference on Social and Politics (ICSP 2023)
PB  - Atlantis Press
SP  - 271
EP  - 279
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-194-4_29
DO  - 10.2991/978-2-38476-194-4_29
ID  - Lasmadi2024
ER  -