LAW ENFORCEMENT OF PETROLEUM EXPLOITATION IN THE BATANG HARI DISTRICT THAT IS WITHOUT A COOPERATION CONTRACT

The community in Batang Hari Regency exploits petroleum without a cooperation contract by drilling a well and then taking the oil contained in the well. This is one of the issues arising from oil and gas mining in Indonesia. This study aims to determine how law enforcement can be used to combat illegal petroleum extraction in Batang Hari Regency. This research employed a descriptive-analytical research design and an empirical legal methodology. According to research findings, the Batang Hari Police in the Batang Hari District implements preventative and punitive law enforcement measures that are quite effective at reducing the number of annual cases. Without a cooperation agreement, these actions target illegal petroleum exploitation. The law in Batang Hari Regency prohibits the exploitation of petroleum without a cooperation contract, which includes difficulty to access sites of illicit oil wells and the participation of individuals.


Introduction
Petroleum is a state-controlled strategic nonrenewable natural resource that controls the lives of many people and plays a significant role in the national economy; therefore, its management must maximize the prosperity and welfare of the people (Salim HS, 2005). The establishment of a national development objective necessitates the empowerment of natural resources managed by the central government, regional governments, and the private sector. The right of the state to manage and control natural resources for the benefit and prosperity of the L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t Kanun Jurnal Ilmu Hukum M. Nanda Setiawan Vol. 24, No. 1, (April, 2022), pp. 57-78. Kanun (2) and (3): Production branches that are important to the state and that control the lives of many people are discussed in paragraph (2). governed by the government Earth, water, and all-natural resources contained therein are under the control of the state and used for the greatest good of the people.
National development is carried out equitably with a planning model that determines the main priorities in the implementation of development in the political and security sector and is accompanied by development in the economic sector to provide for the livelihoods of many people, one of the problems that arise. It is also referred to as Illegal Drilling. Illegal Drilling is illegal oil mining / without government permission as well as drilling illegal oil wells by processing oil from old oil wells or constructing oil wells without a permit. (Riyandani Rahmadiah Lioty, 2017). According to Mudzakir a hli, the criminal law classifies illegal drilling as an extraordinary crime; therefore, law enforcement of illegal drilling must be conducted without waiting for public reports. (Marsudi Utoyo, 2018) In terms of palm oil and petroleum products, Batang Hari Regency has potential natural wealth.
Petroleum extraction operations are conducted by PT. Pertamina EP Asset I Jambi in the Mining Working Area (WKP), which is adjacent to and directly opposite the oil palm plantation owned by the local community in Bajubang Subdistrict, Pompa Air Village, and Bungku Village. In the past, local residents relied solely on oil palm plantations, but now they also depend on the illegal exploitation of petroleum (illegal drilling).
L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t Kanun Jurnal Ilmu Hukum M. Nanda Setiawan Vol. 24, No. 1, (April, 2022), pp. 57-78. Kanun conduct an investigation; e) conduct an examination of the facilities and L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t

Research Method
This is juridical empirical research, or in other words, the law research sociological and also known as the field research, which includes reviewing the applicable law and what occurs in reality in society, (Bambang Waluyo, 2002) or in other words research conducted on the actual situation or real conditions that occur in society with the intention of knowing and finding the facts and data needed, after the required data is collected then it leads to the identification of the variables.
(Zainuddin Ali, 2015) This research is descriptive-analytical, in that it describes L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t clearly the results of the author's field research, or research that aims to describe something in a particular area and at a particular time, or discloses statutory regulations. invitation pertaining to legal theories that are the subject of study. In addition to secondary data or literature, the primary source of data for this study is field research conducted with the Batang Hari police. Primary data is collected through in-depth interviews with respondents and informants to discover and obtain concrete explanations for research questions. Secondary data is collected from tested data and legal materials, such as research reports and legal journals related to the topic of the paper. scientifically. To find scientifically plausible answers, qualitative data analysis was performed. After obtaining the primary and secondary data, the data analysis is conducted by revealing the facts in the form of sentences for the data obtained from the study's results.

Batang Hari Police
The implementation of law enforcement can occur normally, peacefully, or because of law violations, in which case the law that was broken must be enforced. Through law enforcement, the law becomes operational. (Satjipto Rahardjo, 2009). There are three elements that must always be considered when enforcing the law: legal certainty, benefit, and justice. In this case, law enforcement, particularly in this writing, the desired outcome is benefit. Few are aware that law enforcement began with the formulation of legislation by the legislative body (Ismansyah, Fauzia Zaini, 2014). Every legal rule, regardless of its form, will contain certain values that are regarded as admirable. Criminal law is the field of law where it is easiest to implement indicators of the success or failure of legal reforms implemented in Indonesia. Human resources in the legal sector hold the key to achieving law enforcement education, which is one of the most important factors that determine the quality of law enforcement. Only On the other hand, the community in the Batang Hari Regency, Bajubang District also conducts upstream business activities without a cooperation contract with an implementing agency. It is well known that in order to conduct upstream oil and gas business activities, they must first form a business entity L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t and have a cooperation contract with the implementing agency, which is now SKK Migas. (Yuswalina, Adi Candra, 2017). Article 52 stipulates that anyone who engages in Exploitation and/or Exploitation without a cooperation contract as specified in Article 11 paragraph (1) shall be sentenced to a maximum of 6 (six) years in prison and a maximum fine of Rp. 60,000,000,000,000.00. (Sixty billion rupiah).
This exploitation is carried out by first drilling an oil well with a depth of approximately 120 meters, and then operating the facilities and infrastructure in the form of a motorbike that has been modified and assembled onto a roller rope that is attached to an oil canting so that it becomes a unit with means to firstly turn on a motorcycle and then lower Cantin g of oil into base oil wells so that the ropes that were on roling the Cantin g of oil into the base oil wells can  If the gas is hazardous, it can also cause fires. Indicators of environmental damage are found not only in the environment of Red Lake, but also in the Hulu Berangan River, the Berangan Hilir River, and the well water of Pompa Air Village, Bajubang District. According to a report from the environmental office of Batang Hari Regency, residents' well water was odorless, tasteless, and colorless prior to oil mining activity. As a result of the extensive mining, the residents' well water has become foamy, murky, and pungent. In order to restore contract. If this occurs, the community is expected to immediately report it to the authorized party, namely the police, and close oil wells without a cooperation contract so that the community does not engage in oil exploitation.
petroleum without a collaboration agreement.

b. Repressive Efforts
Repressive enforcement is a strategy for overcoming criminal acts using  According to information obtained from Batang Hari Police Investigators, law enforcement has been carried out in 16 instances of repressive action or legal action from 2018 to 2020, but seven of these cases have been overflowed.
to the prosecutor's office for further processing (P.21), but 9 cases are still being investigated. The number of cases that have not been completed is due to the fact that when the investigator made the arrest, the suspect fled, and up until now, the investigators were still pursuing the suspects. Fugitives and for cases In the areas of Pompa Air and Bungku Villages, Batang Hari Regency, Jambi, 1,393 illegal oil wells were shut down and sealed by a joint TNI/Polri/Batan Regency Government team. Today, officers shut down illegal oil wells in an effort to eradicate illegal oil mining in the region. Out of the total of 2,000 wells, 1,393 have been abandoned (Orivan, Interview, 20/01/2020).

a. Limited investigators
The insufficient quality of investigator members in each unit, especially in The significance of bringing in and requesting the testimony of legal expert witnesses in the oil and gas industry to complete the evidence relating to the crime of petroleum exploitation without a cooperation contract by the Police Police investigator, based on data provided by Budi P Siboru as head of certain criminal acts to request information from investigators must bring oil and gas legal experts from Jakarta because there are no competent legal experts in the field of oil and gas in Jambi Province. Therefore, investigators must bring in oil and gas legal experts from Jakarta to complete the case file for oil and gas crime.
g. Bring in heavy equipment (excavators) to cover oil wells without a cooperation contract Due to a large number of oil wells and limited human power, it is necessary to bring in heavy equipment (excavators) to control by closing oil wells drilled without a cooperation contract by the perpetrators. Heavy equipment is used to cover oil wells from oil exploitation activities without a cooperation contract, but road access is difficult for heavy equipment, resulting in not all oil wells being covered.

h. Person involvement
The involvement of individuals hinders investigators from enforcing laws against illegal petroleum exploitation in the absence of cooperation. Due to the presence of law enforcement officers who support petroleum exploitation activities without a cooperation agreement, the individual has the initials P.I.

ES aka Eko Rondo, who has been arrested by the Directorate of Criminal
Investigation of the Jambi Regional Police, is an active police officer serving at Mapolres Batang Hari and has been defending petroleum exploitation activities without a cooperation contract for a considerable amount of time.
i. Low legal culture  To request an Expert Witness for the Batang Hari Police Investigators, it is necessary to bring in an oil and gas law expert witness from Jakarta, which takes a L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t However, closing the illegal oil wells was insufficient to prevent the community from resuming oil exploitation activities without a cooperation contract because there is no assurance from law enforcement officials that the closure will be maintained. The fact that after the closure of illegal oil wells, officials left the location of oil exploitation activities without counter-cooperation and the absence of strict supervision related to closed oil wells, Law enforcement should be carried out by law enforcement officials who must also consider the economic aspects of the community, as the reason why people engage in these activities is that these activities have become the means of subsistence for the community. According to the authors, if the economy of the surrounding community improves, the community will not resume oil extraction activities without a cooperation agreement.
2. Allow the exploration in certain areas without cooperation contracts.
Communities in the district of Batang Hari that continue to carry out oil exploitation activities without work contracts due to economic reasons will not be paid if they do not work to exploit oil without a work contract. This is according to some people who refuse to control wells -the age of oil without cooperation contracts; from 2017 to the present, some people rely on oil exploitation activities without cooperation contracts that they sell to oil-buying agents; and some people claim that activities petroleum exploitation without a cooperation contract have a significant positive impact on their economies.
For this reason, there is a need for legalization as a Win-Win Solution by involving the local government and related agencies in oil exploitation activities without a cooperation contract, bearing in mind that the large potential of petroleum products will improve the welfare of the community and increase the opinion of the L a w E n f o r c e m e n t O f P e t r o l e u m Ex p l o i t a t i o n I n T h e B a t a n g H a r i D i s t r i c t T h a t I s W i t h o u t A C o o p e r a t i o n C o n t r a c t local area, with a note that it is mandatory to prioritize the sustainability of the surrounding environment in accordance with the applicable terms and conditions.
In making regulations legalizing petroleum exploitation activities without cooperation contracts, the local government can learn from a number of regions that have also legalized petroleum exploitation activities without work contracts, such as those carried out in South Sumatra by forming the Business Enterprise Area and then the Village Unit Cooperative by involving Pertamina as the coach in the processing of upstream oil and gas business activities. This, according to the author, would prevent the exploitation of petroleum without a cooperation agreement.

Conclusion
Two forms of law enforcement action are utilized by the investigator of the Batang Hari Police to prevent the illegal exploitation of petroleum without a cooperation contract. The first is to appeal, socialize, and provide legal counsel to the public in order for them to understand that petroleum exploitation without a cooperation contract is a crime regulated by Law