Concept of Constructive Discretion in The Transformation of Gold Mining Governance in West Kalimantan Region

Indonesian is a country of law, where the laws themselves are made with the aim of providing certainty, justice and benefit to society. With the existence of law, it should be possible to maintain social security and order and solve problems that exist in society. However, in reality, the law in Indonesia has not been able to fully resolve all existing problems, such as gold mining activities without permits or often called PETI which are rife in West Kalimantan Province. PETI activities are indeed beneficial for some communities and certain groups to meet their living needs because it is difficult to find work. However, on the other hand, PETI activities also have many problems, such as legal violations, massive environmental damage, and health problems due to the use of dangerous mercury. From the results of the law enforcement of PETI crimes carried out by the West Kalimantan Regional Police, it turns out that it has not been running optimally, because there is still resistance and even resistance from the community. Therefore, there is a need for problem solving or problem solving which is not only regulated in law, but can be realized by synergizing the central and regional governments and other related apparatus in creating a concept of constructive discretion in the transformation of gold mining governance as a recommendation for solving existing problems. exists, and of course it is hoped that it will provide benefits to society, the country and the environment.