Title Pertanggungjawaban Pidana Pelaku Non Korporasi Dalam Tindak Pidana Penambangan Minyak Tanpa Izin (Illegal Drilling)
Edition
Call Number 345 Put p
ISBN/ISSN
Author(s) Ade Putra.R - Personal Name
Subject(s)
Classification 345
Series Title
GMD Text
Language Indonesia
Publisher Universitas Jambi
Publishing Year 2020
Publishing Place Jambi
Collation
Abstract/Notes ABSTRACT

The research objectives are: 1)To know the Arrangement of Actions of Non-Corporate Actors in Conducting Oil Mining without Permits to Be Criminally Responsible.2) To Know the Future Criminal Law Policy in Determining Errors and Penalties of Non-Corporate Actors in Conducting Oil Without Permission to Be Criminally Responsible. With these objectives, the problems discussed are: 1)How is the Arrangement of Actions of Non-Corporate Actors in Conducting Oil Mining without Permits to Be Criminally Responsible?.2)How is the Future Criminal Law Policy in Determining Errors and Penalties of Non-Corporate Actors in Conducting Oil Without Permission to Be Criminally Responsible?.With the formulation of the research method problem used is normative research approach legislation (statute approach), approaches the concept (conceptual approach), and the approach of case (case Approach). Materials law collected: primary legal materials, legal materials and secondary legal materials terser. Analysis of the collected material laws are by interpreting, assessing and evaluating. The results show that:1)Arrangement of Actions of Non-Corporate Actors in Conducting Oil Mining Without Permission To Be Criminally Responsible Article 52 of Law Number 22 Year 2001 Concerning Oil and Gas, it is stated that "Everyone who conducts Exploration and / or Exploitation without having a Cooperation Contract as referred to in Article 11 paragraph (1) shall be sentenced to a maximum imprisonment of 6 (six) years and a maximum fine of Rp. 60,000,000,000.00 (sixty billion rupiah)." 2)Future Criminal Law Policy in Determining Errors and Sanctions Criminal Actors of Non-Corporations In Conducting Oil Mining Without Permission To Be Criminally Responsible, criminal sanctions against non-corporate actors (traditional communities) must be lighter than sanctions aimed at the legal subject of the corporate management. Recommendations to policy makers: 1)To revise norms and criminal sanctions article 52 of Law Number 22 Year 2001 concerning Oil and Gas, criminal sanctions against non-corporate actors (traditional communities) must be lighter than sanctions aimed at legal subjects of corporate management. 2) Apolicy is needed to form partnership patterns with those who control these fields in order to facilitate the people's mining business sourced from old oil wells with sustainable technical and operational policy instruments. This policy instrument includes the provision of legalistic licensing assistance, guidance and guidance and continuous supervision both technical and non technical in order to develop into a mining business that contributes greatly to the economy of small communities.
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