Reconstruction of the Mining Policy Perspectives of Progressive Law

Abstract

The mining sector is a reality that is always attractive to researchers conducting studies. In the field of criminal law, punishment is always oriented towards criminal sanctions. The most important part of the basic idea and purpose of punishment has often gone unnoticed by policy formulation. This is what sometimes makes criminal law enforcement lose its criminal philosophy orientation. So how important it is to reconstruct criminal policies, especially in the mining sector. The aim of this research is to restructure criminal policy through textual (legal) and contextual (mining reality) studies. The link between the two will be studied in a reflective and analytical manner. The research method uses socio-legal research. The results of the research study concluded that the design of criminalization policies in the mining sector must be built based on a scheme that is inseparable from social policy and criminal policy, Siskumnas, elaboration on the theoretical basis of the objectives of punishment, and based on a scientific approach. In the end, punishment will be born with a progressive legal dimension with a holistic paradigm and criminal law politics through policy design.