Abstract:
Mineral, coal, and forestry mining are the unrenewable energies which
must be managed sustainably. The management of natural resources must refer
to the 1945 Constitution. Furthermore, Indonesia is one of the countries that uses
criminal law as the spearhead of law enforcement in natural resources law. This
study aims to determine the role of criminal law and criminal policy in preventing
and overcoming criminal acts in natural resource management. The research
method used is a normative research, which is a method that aims to obtain literature
legal materials by collecting and analyzing legal material related to the issues.
The results of this study: First, the use of penalty in the enforcement of natural
resource regulations is a social demand given the wide range of interest that must
be protected. The function of criminal law has not only been to maintain and protect
moral values, but has shifted towards a benefit approach. Second, in Indonesia the
criminal policy regarding natural resources is administrative penal law. This is
because the development of criminal policy in the field of natural resources has
developed significantly, initially criminal arrangements were only used as a tool
in law enforcement for natural resources. Then as the development of criminal law
provides certainty by expanding criminal penalties and criminal liability in line with
the principles and objectives of criminal law policies.
Keywords: Criminal Law; Criminal Policy; Natural Resources.
