Penegakan Hukum Terhadap Penyertaan dalam Tindak Pidana Pemurnian atau Pengolahan Emas Tanpa Izin di Kabupaten Indragiri Hulu Berdasarkan Pasal 55 Kitab Undang-Undang Hukum Pidana

Abstract

Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that: "The
earth and water and the natural resources contained therein are controlled by the State and used as much as
possible for the prosperity of the people. Understanding of mining according to Law Number 4 of 2009
concerning Mineral and Coal Mining, Article 1 Paragraph (1) mining is a part or all stages of activities in
the framework of research or management of mineral or coal which includes general investigation,
exploration, feasibility studies, construction , mining, processing and refining, transportation and sales, and
post-mining activities. Gold mining and refining activities also took place in the Indragiri Hulu Regency
specifically in Selunak Village, Batang Peranap Subdistrict, besides in Batang Peranap District the same
thing happened in Peranap Subdistrict and in Kelayang District. The activity was carried out by the people
who were around the area and there were even people from other regions. This activity has become a
livelihood for the community, but the gold processing and refining activities were carried out without
permission, so that in conducting these business activities they did not see the impact that would be caused
by their activities.
This research is a sociological or empirical research that is the type of research that uses the
assumption of the community in finding facts that occur in the field to answer an existing problem. This
research was carried out in the jurisdiction of the Indragiri Hulu Resort Police. While the population and
sample are parties related to the problems examined in this study, data sources used, primary data,
secondary data, and tertiary data. Data collection techniques in this study with interviews and literature
review.
From the results of the research that the researcher did, it can be concluded, first, Law
Enforcement for Participants in Participating in Crimes of Unlicensed Gold Purification and Processing in
Indaragiri Hulu Regency Based on Article 55 of the Criminal Code, Indragiri Hulu Regional Police have
not fully enforced the law, because there is still room for perpetrators criminal act. Barriers to Law
Enforcement against Participants in Participation in Unlicensed Gold Purification or Processing in
Indragiri Hulu Regency are human resources (HR) factors, the difficulty for the investigator in obtaining
evidence in the form of letters, documents and other evidence. The efforts made by the Police, here are the
efforts that have been made by the Police in law enforcement, the recruitment of human resources needed by
the Police must be done transparently and the employee must have certainty and capability in the Police
field, the mutation system and job rolling must be truly pay attention to the principles of justice and quality
of human resources, increase training for the Police.