Law Enforcement Against Perpetrators of Unlicensed Mining Activities in X Koto Diatas District, Solok Regency, by the Solok City Police Department

Abstract

Unlicensed gold mining (PETI) continues to occur in X Koto Diatas Sub-district, Solok Regency, even though Article 35 paragraph (1) of Law Number 3 of 2020 requires every mining business to hold a permit and Article 158 threatens offenders with imprisonment of up to five years and a fine of up to IDR 100 billion. This study analyses how the Solok Kota Police enforced the law against unlicensed gold mining in the sub-district and what impacts followed. It uses an empirical juridical method with qualitative descriptive analysis. Primary data were obtained through unstructured interviews with investigators of the Solok Kota Police, while secondary data came from statutes, books, and journal articles. The case studied is police report LP/A/1/II/2023/SPKT.SAT RESKRIM, in which mining workers and a landowner at Silalang, Nagari Sibarambang, were named suspects. The findings show that repressive enforcement proceeded through investigation, arrest, seizure of evidence, examination of suspects, detention, and transfer of the case file to the District Prosecutor's Office, complemented by preventive efforts such as routine patrols, appeals together with community and customary leaders, and monthly outreach. Effectiveness is influenced by five factors: the law, law enforcers, limited information, the community, and culture. Enforcement reduced mining activity and gave room for environmental recovery and greater legal awareness, but the reduction was not permanent and it lowered the income of residents who depended on mining. The study recommends collective community mining permits, the designation of people's mining areas, and simpler licensing procedures