Karya Ilmiah

DISERTASI (0099) - Maladministrasi Dalam Pemberian Izin Usaha Pertambangan Yang Berimplikasi Tindak Pidana

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The main topic of this research is focusing on maladministration in issuing
mining license that implicates criminal offense. This work would systematically
examine as follow; (1) philosophy-base of issuing mining license. (2) formulating
norms of legal power in issuing mining license (3) legal power implicated to
criminal law.
The three main points above are conducted by some approaches as follow;
statute, conceptual, and case approach.
This dissertation has revealed some points as follow;
1) Conclusion of Legal Issue One; (a) the philosophy of issuing mining
license has merely seeking for the prosperities and achieving social
justice for all the people of Indonesia. It has deliberately creating the
people life in order more closely to the legal power. (b) As the legal
instrument, it is also preventing maladministration in governing,
supervising, and controlling particularly issuing Mining License,
Explorations, and Operational Production including Small-scale and
Special Mining License.
2) Conclusion of Legal Issue Two; the legal power of Law No. 4 Year
2009 concerning Mining and Coal has harmonically accommodated the
Law No. 23 Year 2014 concerning Local Administration. The both of
this Laws has made a balancing legal power and at least defusing the
conflict of legal power amongst the central, provinces, and regent’s
authority. Thus, the government was able to create the prosperities of
the great of the people.
3) Conclusion of Legal Issue Three; because of the shifting of legal
prevention has moved to the source revenue that potentially causing
the abuse of power implicates a criminal offense and ought to be
responsible personally.
Based on aforementioned above, it can be advised that in order to avoid a
monopoly of legal power, it is necessarily required such a mechanism of share
profit as mentioned on Law No. 28 Year 2008; It is properly requisite that
province level must have taken a part as the balancer in order to defuse the
conflict between central and local government. Therefore, it is required such a
local ordinance. It is involved a socialization process of preventing and combating
maladministration as mentioned in Law No. 30 Year 2014 concerning legal public
administration. It is called for a strict control instrument towards the
implementation of preventing maladministration as mentioned in Law No. 37
Year 2008 about Ombudsman of Republic of Indonesia and Law No. 30 Year
2014 regarding Legal Public Administration.

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Ketersediaan

031170124

0099

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0099

Penerbit

Surabaya : Fakultas Hukum Unair., 2015

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

-

Subjek

TINDAK PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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