The Urgency of Strengthening Mining Regulations with The Ultimum Remedium Principle in The Indonesian Criminal Law System

Abstract

This research is motivated by the Ultimum Remedium Principle in mining regulations, which is considered no longer able to provide a deterrent effect to perpetrators of mining and environmental crimes. This research aims to examine the application of the ultimum remedium principle in mining regu-lations in Indonesia and analyze the effectiveness of law enforcement against violations in the mining sector in Indonesia. This research uses normative legal research methods. The results showed that the application of the ultimum remedium principle (the last means) for criminal law in In-donesian mining sector legislation is not appropriate because it has become one of the causes of weak law enforcement against criminal offences in the mining sector. This can be seen from the potential failure in maintaining the sustainability of mineral and coal natural resources and the preservation of ecosystems affected by mining activities that ignore the application of the principles of good mining practice. Criminal law enforcement as the ulti-mum remidium in handling mining crimes is not effective. This is more due to the position of criminal law in the mining sector legislation as the last means (ultimum remedium), where criminal law is only applied if the in-struments of administrative law and civil law are unable to solve the prob-lem at hand