Penegakan Hukum Pelaku Penambangan Tanah Merah dan Tanah Liat Tanpa Ijin di Kabupaten Deli Serdang

Abstract

That by increasing infrastructure development, it is such as highway, double railroad tracks, industrial area and settlements in regency of Deli Serdang and all around. In that development, it needs material such as red soil for embankment material and clay soil for making brick where red and clay soil are in accordance with the no.4 of 2009 included in the type of mining material. By the law no.9 of 2015 about second change to the law no.23 of 2014 about local government that processing of mining permit is located at the central government and provincial government. On the high of market demand, it is for the development of red or clay soil and the difficulty of factor in processing permit so that it creates some problems between arrangements related to mining permit, law enforcement against mining actor without permission, and how the law effort is made by the government to prevent the process of mining without permission. On the problem above, it has been done research by collecting the data for problem solving above so that it is gained the best solution with the result that the process of permission is for red or clay soil mining taken out by the investment service and the servant integrated one door while for law enforcement, it is done by the police investigator, and specific civil servant investigator in mining case and the effort of prevention is conducted by pre-emtively, preventively, and repressively. It is to prevent happened mining without permission on red or clay soil that expects the government can give more explanation to society about the consequences that can be caused on mining without permission either the environmental damage or threat of the punishment. The other way that can be done by the government is to make the process easier, the process of permission where the certain area expected by the provincial government can delegate his authority to the district/ city government.