Juridical Analysis of Bangko District Court Decision Number 214/Pid.Sus/2020/PN.Bko Concerning Illegal Mining Without a Permit

Abstract

This research aims to determine the legal provisions in mining crimes outside the mining business permit area and to find out the application of the law in criminal cases involving mining activities outside the Mining Business Permit Area (WIUP) in terms of positive law based on Bangko District Court Decision Number 214/Pid.Sus /2020/PN.Bko. This research is a normative legal research that uses primary legal materials, secondary legal materials and non-legal materials to examine legal issues regarding the qualifications of mining criminal acts outside the permit area, as well as to examine issues regarding the application of law in cases of criminal acts of mining activities outside the business permit area. mining. The research results show that the legal provisions for mining crimes outside the mining business permit area are in the mining business permit area, namely in Article 158 of Law no. 4 of 2009 concerning Mineral and Coal Mining. The results of the research also show that the application of criminal law by the Public Prosecutor in the case of Decision Number 214/Pid.Sus/2020/PN.Bko considers that the Defendant has been proven to have committed a criminal act of mining without a permit, the Defendant's actions violate the provisions of Article 158 of Law Number 4 2009 with imprisonment for 2 (two) years and 4 (four) months and a fine of Rp. 500,000,000.00 (five hundred million rupiah) with the provision that if the fine is not paid, it will be replaced by imprisonment for 2 (two) month.