Instrument Hukum Pidana dalam Pencegahan Tindak Pidana di Bidang Hukum Sumber Daya Alam

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.