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Effectiveness of Law Enforcement against Illegal Mining Crimes in the Jurisdiction of Pohuwato Regency

An Empirical Juridical Study of Environmental Impacts and Regulatory Challenges

Authors

  • Muhammad Arief Saleh Faculty of Law, Pohuwato University
  • Rasdianah Faculty of Law, Pohuwato University
  • Rustam Faculty of Law, Pohuwato University
  • Muhammad Arief Saleh Faculty of Law, Pohuwato University

DOI:

https://doi.org/10.59211/j.lawjustice.v3i2.572

Keywords:

law enforcement, illegal mining, Pohuwato Regency, environmental damage

Abstract

This article analyzes the effectiveness of law enforcement against illegal mining crimes in the jurisdiction of Pohuwato Regency and the impacts caused by these activities. Illegal mining violates licensing provisions and causes environmental damage, yet it is also a source of livelihood for some communities. This study uses an empirical juridical method with a sociological legal approach through observation, interviews, and document studies. The results show that law enforcement against illegal gold mining in Pohuwato Regency tends to rely on deliberation and guidance, including assisting communities or landowners in obtaining legal mining permits. Illegal mining has negative environmental impacts, particularly damage to plantation land, pollution, flooding, and ecosystem destruction. Based on Soerjono Soekanto's theory of legal effectiveness, several factors support law enforcement, but infrastructure and facilities remain suboptimal because of inadequate monitoring and complaint channels around the mining area. Law enforcement must therefore combine enforcement, licensing guidance, environmental restoration, and community economic alternatives.

Authors and contributors

4
  • Indonesia

    Author Corresponding author

    Faculty of Law, Pohuwato University

  • Indonesia

    Author

    Faculty of Law, Pohuwato University

  • Indonesia

    Author

    Faculty of Law, Pohuwato University

  • Indonesia

    Author

    Faculty of Law, Pohuwato University

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Author Biography

  • Muhammad Arief Saleh, Faculty of Law, Pohuwato University
    Pendidikan tertinggi: S2/Master Bidang keahlian: Ilmu Hukum Profil akademik: SINTA: https://sinta.kemdiktisaintek.go.id/authors/profile/7006290 Google Scholar: https://scholar.google.com/citations?user=EOZQlaMAAAAJ&hl=id Profil akademik: SINTA: https://sinta.kemdiktisaintek.go.id/authors/profile/7006290 Website / Profil Institusi: https://sinta.kemdiktisaintek.go.id/authors/profile/7006290

References

Republic of Indonesia, 1945 Constitution of the Republic of Indonesia.

Republic of Indonesia, Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining.

Republic of Indonesia, Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction.

S. Soekanto, Factors Influencing Law Enforcement. Jakarta: RajaGrafindo Persada, 2008.

Republic of Indonesia, Law Number 32 of 2009 concerning Environmental Protection and Management.

Abrar Saleng, Mining Law. Yogyakarta: UII Press, 2005.

Ahmad Redi, The Dilemma of Law Enforcement of Illegal Mineral and Coal Mining. Jakarta: Gramata Publishing, 2016.

Ali Yafie, Environmental Fiqh. Jakarta: Amanah Foundation, 2006.

Andi Hamzah, Environmental Law Enforcement. Jakarta: Sinar Grafika, 2005.

Gatot Supramono, Mineral and Coal Mining Law in Indonesia. Jakarta: Rineka Cipta, 2012.

Hans Kelsen, General Theory of Law and the State. Jakarta: Bee Media, 2007.

Salim HS, Mining Law in Indonesia. Jakarta: RajaGrafindo Persada, 2017.

Satjipto Rahardjo, Legal Science. Bandung: Citra Aditya Bakti, 2000.

Sudikno Mertokusumo, Understanding the Law. Yogyakarta: Liberty, 2005.

Siska Rupu, Effectiveness of Law Enforcement against Illegal Mining Crimes in the Jurisdiction of Pohuwato Regency, Thesis, Pohuwato University, 2025.

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Published

21-11-2025

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Cite this article

Rupu, S., Rasdianah, Rustam, & Saleh, M. A. (2025). Effectiveness of Law Enforcement against Illegal Mining Crimes in the Jurisdiction of Pohuwato Regency: An Empirical Juridical Study of Environmental Impacts and Regulatory Challenges. Journal Law and Justice, 3(2), 29–31. https://doi.org/10.59211/j.lawjustice.v3i2.572

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