Literasi Hukum - This article discusses White Collar Crime in the scandal corruption in the tin mining sector in Indonesia, including abuse of power and violations of the law by high-ranking officials and mining mafias, resulting in state losses of 271 trillion Rupiah. Amidst the vast economic potential of tin mining, corruption and illegal mining have damaged the environment and threatened social justice. This article delves into the laws violated, related court cases, and the importance of legal and governance reform to restore state assets and build public trust in government and the mining industry.
Tin Mine as a Strategic Asset of the State
Mining is an important sector in the country's economic development. Mining can create jobs for many people, both directly and indirectly. Mined products are industrial raw materials used in manufacturing, construction and energy industries.
Tin mining is a strategic natural resource with high economic value. Tin is a major export commodity and can generate significant state revenue. Indonesia has the second largest tin reserves in the world. These tin reserves are spread across various islands, one of which is Bangka Belitung.
Tin mining, apart from having a positive impact, also has a negative impact. If mining is carried out in accordance with applicable regulations, the negative impact can be minimized. However, the reality on the ground is that mining is often carried out not in accordance with applicable regulations. This causes losses to the state, environmental damage and can even cause social conflicts.
Illegal mining and corruption in this area often occur. Illegal tin mining and corrupt actions carried out by mining mafias, unscrupulous officials and mining companies have recently become viral news in various media, with state losses of 271 Trillion Rupiah. This corruption case started from 2015-2022, with various corruption efforts carried out, namely by creating shell companies to accommodate the collection of illegal tin ore, collaborating with unscrupulous officials to issue permits and issue work order letters for the transportation of residual processing products (SHP) of tin minerals, accommodating corruption activities wrapped in leasing smelting processing equipment, accommodating illegal tin miners whose mining products are sent to smelters owned by these unscrupulous officials, accommodating several smelters to participate in these illegal mining activities and asking the smelter parties to set aside some of the profits generated and the profits are handed over as if they were funds Corporate Social Responsibility (CSR).
Tin Mining Corruption, what is the law?
Corruption is a destructive act, an act of dishonesty and immorality. Corruption is a form of abuse of power and authority by public officials by committing legal violations related to their duties, in order to seek profit for themselves and third parties. Corruption involves inappropriate and unlawful behavior from the public and private sectors to enrich themselves and those closest to them. Corruption also induces others to do these things by abusing their positions.
The viral case is categorized as Grand Corruption, which causes fantastic state losses of up to trillions of rupiah. This corruption benefits a small number of people and sacrifices the wider community. This case involves decision-makers regarding policies or regulations, involves unscrupulous officials, has a broad impact on national interests, and the crime is systemic and organized.
White Collar Crime
White Collar Crime is a form of crime committed by someone with high socio-economic status. The types of white-collar crime in this case include falsification of tin mineral production, tin mining fraud designed to obtain large profits, and money laundering which involves the process of taking money from illegal or "dirty" activities and conjuring it into money that looks "clean" by passing the money through official channels and businesses to make it appear legitimately obtained. Bribery is carried out on those in power to gain an advantage. The existence of a relationship quid pro quo (each party is involved in the terms and benefits of the bribery agreement), actus reus (both the recipient and the giver of the bribe are involved), and mens rea (both have the intention to receive benefits, although it is sometimes difficult to prove).
In this case, a violation of the law can be suspected, namely violating Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption Crimes. Article 2 paragraph (1) states that Every person who unlawfully commits an act of enriching himself or another person or a corporation that can harm state finances or the state economy, shall be sentenced to imprisonment for life or imprisonment for a minimum of 4 (four) years and a maximum of 20 (twenty) years and a fine of at least Rp 200,000,000.00 (two hundred million rupiah) and a maximum of Rp 1,000,000,000.00 (one billion rupiah). Article 3 states that Every person who, with the aim of benefiting himself or another person or a corporation, abuses his authority, opportunity or means available to him because of his position or position that can harm state finances or the state economy, shall be sentenced to imprisonment for life or imprisonment for a minimum of 1 (one) year and a maximum of 20 (twenty) years and or a fine of at least Rp. 50,000,000.00 (fifty million rupiah) and a maximum of Rp 1,000,000,000.00 (one billion rupiah). Article 18 paragraph (1) In addition to the additional penalties referred to in the Criminal Code, the additional penalties are:
- confiscation of tangible or intangible movable goods or immovable goods used for or obtained from corruption crimes, including the convicted person's company where the corruption crime was committed, as well as goods replacing these goods;
- payment of replacement money in an amount equal to the assets obtained from corruption crimes;
- closure of all or part of the company for a maximum period of 1 (one) year;
- revocation of all or part of certain rights or elimination of all or part of certain benefits, which have been or may be granted by the Government to the convicted person.
In addition to violating Law of the Republic of Indonesia Number 31 of 1999 concerning Eradication of Corruption. It also violates Article 55 paragraph (1) number 1 which reads: those who commit, order to commit, and participate in committing acts. As well as violating Law No. 8 of 2010 concerning Prevention and Eradication of the Crime of Money Laundering.
Conclusion
The tin mining corruption case is a serious crime that must be punished firmly and fairly. Effective and consistent law enforcement is essential to create a deterrent effect for perpetrators of corruption, build public trust in the legal system, protect natural resources and the environment, and encourage responsible investment in the mining sector.
Prevention efforts must also be carried out, namely by strengthening governance and transparency in the mining sector, increasing public participation in mining supervision, and implementing education and anti-corruption programs for business actors and the community.
Efforts to recover state losses must also be pursued through tracing and confiscation of assets from corruption, payment of replacement money, and utilization of confiscated assets to finance corruption eradication and environmental restoration programs.
The tin mining corruption case should serve as a reminder to us all that corruption is a common enemy that must be fought. We must support efforts to eradicate corruption in order to create a just, prosperous, and sustainable Indonesia.
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