Formulating a Criminal Policy of Unlicensed Tin Minings which the Community Welfare in Bangka Belitung IslandsImproves

Unlicensed mining is a complicated issue in the Province of Bangka Belitung Islands. Tin which used to be a strategic commodity, in the reformation era, has been stated as a non-strategic commodity; the export activities of tin are no longer supervised. As a result, unlicensed tin minings emerge, causing environmental damages to date. Therefore, it is important to investigate the following research problems: (1) what are the efforts to stop the unlicensed tin minings and their constraints? (2) how a criminal policy which improves the community welfare could be formulated? This qualitative study employs a post-positivism paradigm with socio legal approach. Data of the research consist of primary and secondary data obtained using participative observations, focus group discussions, documentations, and in-depth interviews with selected respondents. Based on the findings of the study, efforts to prevent unlicensed minings have been done through early detections, which are pre-emtive, preventive and repressive; however, the results are not optimal bacause they are affected by some factors. such as juridical factors in regional regulations and legislations, the limited capability of law enforcers, inadequate supporting facilities/infrastructures, low law and enviromental awareness, and negative social behaviors, as well as the pressure of the operations/workings of law in the society. The efforts to formulate criminal policy which improve the community welfare consist of penal and non-penal policies, which are integrated and located in the scope of substantial, structural, and cultural reformatio