The Role of the Police to Curbing Illegal Mining in Lea Village, Tellu Siattinge-Bone Regency

The title of this study is "The Role of the Police to Curbing Illegal Mining in Lea Village, Tellu Siattinge, Bone Regency." The purposes of this research are (1) To find out the authority of the police on preventing illegal mining in Lea Village based on the regulation concerning mineral and coal mining (UU No. 4 Tahun 2009) (2) To find out what are the obstacles of the police on preventing Illegal mining in Lea Village, Tellu Siattinge, Bone Regency. The type of this research is a qualitative study using sociological and juridical empirical approaches. The primary sources of this research data consist of observations and interviews. The secondary data are derived from documentation and literature reviews such as documents, books, an official statement from the result of researches, whereas the data analysis technique was carried out through three stages, namely: field data collection, data reduction, data presentation, and verification. The results of this study indicate that: (1) The authority of the police in terms of preventing illegal mining as stated in Regulation Number 2 of 2002 concerning the Indonesian National Police (UndangUndang Nomor 2 Tahun 2002 tentang Kepolisian Negara Republik Indonesia), that the police have the authority doing investigations and arrests. The duties and authority of the Police are regulated in detail at 13th till 19th Clause. (2) The obstacles of Law Officers (police) in preventing Illegal Mining is still lack of socialization from related parties so that it causes a lack of public awareness of the impacts caused by illegal sand mining in the area of Lea Village, Tellu Siattinge-Bone Regency; distance traveled between the bone resort police station (polres) and the village of Lea takes quite a lot of time and the difficulty of registration procedures/procedures for issuing mining permits. Keyword: Illegal Mining, Role of the Police P a g e | 68 E-ISSN : 2686-6498 P-ISSN : 2622-5964 The Role of The Police to Curbing Illegal Mining in Lea Village, Tellu Siatingnge – Bone Regency Jurnal Al-Dustur Vol. 3 No. 1 Tahun 2020 Program Studi Hukum Tata Negara Pascasarjana Institut Agama Islam Negeri (IAIN) Bone A. INTRODUCTION The Republic of Indonesia is a nation-state archipelago which territories and borders, as well as its rights, are established by law. Indonesia is a wealthy country that has abundant mine substances. Those are gold, silver, copper, natural oil and gas, coal, etc., which are under the authority of the country. State Control Rights contains the right to regulate, to manage, and to control the management or the exertion of the substances, also the obligation to use it widely for its people's prosperity. Control of the country is held by the government. As a law-based country, the management of mining resources has to be started with a regulation process. It must contain norms indicating commitment in conducting the activity of sustained mining management with an environmental perspective. Law enforcement is an effort taken by the government or an authority to grant the achievement of fairness and order in society by using several devices or governmental tools both in the form of regulations and law officers, such as polices, judges, prosecutors, as well as lawyers. Police roles according to Regulation Number 2 of 2002 concerning the Indonesian National Police as a law officer based on the principle of Equality before The Law. Police officers as law enforcers should be able to become role models of the community who are https://petikanhidup.com-dik, “Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Pasal 25A”. Di Akses pada tanggal 9 oktober 2019, pukul 09.10. Salim HS, Hukum Pertambangan di Indonesia (Cet. 7 Jakarta: Rajawali Pers, 2014), h. 1. Taufik Iman Santoso, Amdal dan Jaminan Perlindungan Hukum (Malang: Setara Press,2008), h.34. P a g e | 69 E-ISSN : 2686-6498 P-ISSN : 2622-5964 Asniana Nur Jurnal Al-Dustur Vol. 3 No. 1 Tahun 2020 Program Studi Hukum Tata Negara Pascasarjana Institut Agama Islam Negeri (IAIN) Bone able to be controllers and community friends, as well as having good communication quality. The definition of mining according to Regulation Number 4 of 2009 in Clause 1 Verse (1) concerning Mineral Mining and Coal Mining is part or the whole of the stages of activities in the framework of research, management and business of minerals or coal which includes general investigation, exploration, feasibility study, construction, mining, processing and refining, transportation and sales, and post-mining activities. Mining businesses must have a permit, which is the permit to conduct mining business as regulated in Regulation Number 4 of 2009 concerning Mineral Mining and Coal mining issued by authorized officials, namely the Regent / Governor / Minister in accordance with the Mining Business Permit Area (WIUP ) who has the authority to do so. As is well known that the state has the right to control the land, water, and natural resources contained there including the mining substance. Based on this, it is a must for every person who will conduct the mining activity to have permission in advance from the State / Government.


A. INTRODUCTION
The Republic of Indonesia is a nation-state archipelago which territories and borders, as well as its rights, are established by law. 1 Indonesia is a wealthy country that has abundant mine substances. Those are gold, silver, copper, natural oil and gas, coal, etc., which are under the authority of the country. State Control Rights contains the right to regulate, to manage, and to control the management or the exertion of the substances, also the obligation to use it widely for its people's prosperity. Control of the country is held by the government. 2 As a law-based country, the management of mining resources has to be started with a regulation process. It must contain norms indicating commitment in conducting the activity of sustained mining management with an environmental perspective. 3 Law enforcement is an effort taken by the government or an authority to grant the achievement of fairness and order in society by using several devices or governmental tools both in the form of regulations and law officers, such as polices, judges, prosecutors, as well as lawyers. Police roles according to the Mining Business Permit Area (WIUP ) who has the authority to do so. As is well known that the state has the right to control the land, water, and natural resources contained there including the mining substance. Based on this, it is a must for every person who will conduct the mining activity to have permission in advance from the State / Government. 5 B. DISCUSSION

Overview of Mining
Mining is part or the whole of the stages of activities in the framework of research, management, and exploitation of minerals or coal, including general investigations, exploration, feasibility studies, construction, mining and management, refining, sales, as well as post-mining activities. Mineral mining is the mining of a collection of minerals in the form of seeds or rocks outside of geothermal, oil and gas, and groundwater. Coal mining is the mining of carbon deposits that are contained in the earth, including solid bitumen, peat, and asphalt.
The mining business is an activity in order to exploit minerals or coal, including stages of a general investigation, exploration, feasibility studies, construction, mining, management and refining, transportation and sales, as well as post-mining activities. The law term of mining is an English translation of mining law. Mining law is: "the law governing the extraction or mining of seeds and minerals in the soil".
This definition is focused on the community's sole right to conduct mining activity on a determined piece of land or rock. Meanwhile, the right to mine is the right to conduct investigative activities and the right to carry out exploitation activities. It does not regulate the mining only but also governs the obligations of miners to the state. Therefore, both of the definitions above need to be perfected so that according to the author, what is interpreted by mining law is the entire rule of law governing state authority in the management of minerals (mining) and regulating legal relations between the state and people or legal entities in the management and utilization of minerals (mine).
The rule of law in mining law is divided into two types, namely the written and unwritten mining law. Written mining law is the rules of law contained in the legislation, treaties, and jurisprudence. Unwritten mining law is a law provision that is living and developing in the community. The form is not written and appears to be local, which means that it only applies to the local community.
State authority is the power granted by law to the state to administer, regulate, and supervise the management of substances so that its management and utilization can improve the welfare of the community.
The state authority is held by the government. The control of substances is not only a monopoly of the government, but the right is also given to people and / or legal entities to exploit the substances so that the legal relationship between the state and people or legal entities must be regulated in such a way so that they can exploit the substance optimally. In order to do so, the government/local government/regional/city government gives mining authorization permits, work contracts, coal exploitation work agreements to the person or legal entity.
From the description above, there are three elements listed in this last definition, namely the existence of legal norms, the existence of state authority in the management of substances, and the legal relationship between the state and people and / or legal entities in the exploitation of the substances.

Overview of Research Site
Lea village is located 21 km from the district capital and 35 km from the district of Bone. The Lea Village area can be reached by two-wheeled and fourwheeled vehicles. The area of Lea Village is 894 ha and located 3 meters above sea level, which is topographically the river's edge.  "Nurbaya disagrees with the illegal sand mining business because it has major negative impacts, such as causing erosion of riverbanks which causes land subsidence and threatens the settlements of residents who live along the riverbank because our area is not included in the location permitted to carry out mining activities of any type." 12 So based on the results of interviews from the government of Lea Village, Tellu Siattinge Sub-District Bone Regency, the researchers analyzed that the same thing was expressed by the residents of Tellu Village that this is a crime of mining without permission / illegal mining, which is a crime in mining business carried out by individuals, groups of people, or a company/foundation with a legal entity which in its operation does not have a permit from the government in accordance with regulations; therefore, this is a criminal act that must be followed up by law enforcement officials. Not only that, the villagers also said that it would harm the area of Lea Village and surrounding areas (1) The total area for 1 (one) IPR can be granted to a. Individuals with a maximum of 1 (one) hectare; b. Community groups of no more than 5 (five) hectares; and / or c. Cooperatives at most 10 (ten) hectares; (1) IPR is given for a period of no more than 5 (five) years and can be extended. 13 Based on the results of interviews conducted with the same person, namely IPTU Jamaluddin regarding the mining business in Lea Village, IPTU Jamal said that: "Mining activity in the village do not have a permit because it is not included in the Bone Regency spatial location map, also because the place is potentially causing floods as well as the land of the surrounding are is at high level of erotion for the existence of river with sand mining, so it can give major impact to the residents like broken road connecting villages and regencies. So that, the law enforcement officers especially the police have taken action in the form of arrests or arrest operations (OTT) of 2 (two) residents who are carrying out illegal mining in Lea Village." Based on those clauses related to the police authorities, it is underlined that there must be regulation, supervision, and patrol on the people's and government activity according to needs as the one happening this time, a crime of mining without a permit / illegal mining which is a crime in mining business carried out by individuals, groups of people, or companies/foundations of legal entities in which operations do not have a permit from government officials in accordance with the regulations, which has criminal sanctions for those who by mistake violate the prohibition.
The inhibiting factor of the Law Officers (polices) in preventing illegal mining is the lack of socialization from related parties so that it causes a lack of public awareness of the impacts caused by illegal sand mining (Illegal Mining) in the area of Lea Village Tellu Siattinge Sub-District Bone Regency,the distance between the office of Bone Resort Police (Polres) and Lea Village that takes a long time, and the difficulty of registration procedures/procedures in issuing mining permits.