The Application Of The Ultimum Remedium Principle In The Law Enforcement Of Mineral And Coal Mining

The spirit of Article 33 paragraph (3) of the Constitution of the Republic of Indonesia which states that if the natural resources in Indonesia must be controlled by the state and used as much as possible for the prosperity of the people, this spirit is certainly an instruction to all elements of the government to optimize state revenue from mineral and coal mining for the welfare of the people. In the enforcement of criminal laws on mineral and coal mining, there is often a very sharp deviation between the decision to refund state losses and the state losses itself. This paper analyzes how the criminal law enforcement of mineral and coal mining in Indonesia, and how the principle of ultimum remedium is applied in the enforcement of criminal law on mineral and coal mining. The method used in this paper is a normative method, namely by using primary, secondary and tertiary legal materials, with a prescriptive approach. Regarding the issue of criminal law enforcement of mineral and coal mining, there are problems so that the enforcement of mineral and coal mining laws is ineffective and not optimal, especially related to efforts to recover state losses even though it has prioritized the Corruption Law and the TPPU Law and set aside the law on mineral and coal mining itself, to the second problem it is concluded that the settlement is through criminal channels in mining problems Minerals and Coal should be the last resort or ultimum remedium, prioritizing settlement through administrative sanctions can be another way in an effort to recover state losses, because there is a need for changes in laws and regulations in the field of mineral and coal mining.