ANALISIS SOCIO-LEGAL TERHADAP LEMAHNYA PENEGAKAN HUKUM TERKAIT PERTAMBANGAN TIMAH ILEGAL MENURUT HUKUM POSITIF INDONESIA (STUDI PERTAMBANGAN ILEGAL DI KABUPATEN BANGKA)

This research aims to conduct a socio-legal analysis of the weak enforcement of laws concerning illegal tin mining in Bangka Regency under Indonesian positive law. Despite the existence of legal frameworks such as Law No. 3 of 2020 and Law No. 32 of 2009, illegal mining activities persist widely. Employing a socio-legal approach, this study explores the effectiveness of law enforcement by collecting primary data through interviews and documentation with institutions such as the Department of Energy and Mineral Resources, Environmental Agency, Bangka Police Department, Civil Service Police Unit, and PT Timah Tbk. The findings reveal that legal enforcement is hindered by overlapping authorities between the central and local governments, poor inter-agency coordination, and involvement of political and economic actors who benefit from illegal operations. From a legal substance perspective, current sanctions fail to deter offenders, while culturally, economic dependency drives communities to ignore legal procedures. This study recommends strengthening legal sanctions, enhancing surveillance through technology, and promoting community-based legal awareness. Furthermore, it advocates for regulatory reform and inclusive governance involving local communities in sustainable mining practices. The study highlights the urgency of restoring the credibility of law enforcement institutions and protecting natural resources from continued environmental degradation and economic exploitation.