The Dynamics of Law Enforcement of Corruption Crimes in the Mining Sector and Its Impact on Transparency in Natural Resource Management
Abstract
Law enforcement against corruption in the mining sector in Indonesia faces various challenges that affect the transparency of natural resource management. This study focuses on the dynamics of implementing Law No. 31 of 1999 in combination with Law No. 4 of 2009 concerning Mineral and Coal Mining and Law No. 20 of 2001 for the Eradication of Criminal Acts of Corruption, as well as implementing regulations related to licensing and royalty management. The analysis shows a legal vacuum, particularly in the aspects of licensing supervision, royalty management, accountability of state-owned/regional-owned mining company officials, and losses due to environmental damage, making it often difficult to enforce the Corruption Eradication Law effectively. Legal arguments are developed based on the principle of state accountability for natural resource management, the principle of legality in corruption crimes, and the obligation of public officials to prevent state losses. The research findings indicate that weak coordination between law enforcement agencies, unclear mechanisms for criminal sanctions against embezzlement of mining assets, and regulations that are still administrative in nature open up opportunities for corrupt practices. Thus, effective law enforcement requires regulatory harmonization, the implementation of transparent audit and oversight mechanisms, and the renewal of proportionate criminal sanctions to ensure more accountable and sustainable natural resource management.