Ketentuan Pidana Pertambangan Ilegal (Studi terhadap Putusan Nomor: 708/Pid.B/LH/2021/PN.Btm)

Abstract

One way of managing natural resources is mining. Mining is one of the natural resources whose control and utilisation are under the authority of the state. Regulations for the management of mining materials in Indonesia have existed since the Dutch East Indies era, during the old order government concretely regulating management in the mining sector still using Dutch East Indies law products, until new mining regulations were passed through Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Looking at the existing legal regulations, it does not rule out the possibility of crimes against the utilisation and management of natural resources. In Article 158 of Law Number 3 of 2020 concerning Mineral and Coal Mining which reads: Every person who conducts mining without a permit as referred to in Article 35 shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of Rp. 100,000,000,000,- (One Hundred Billion Rupiah). The research method used is a normative legal research method conducted by library research using primary, secondary and tertiary legal materials. The analysis used is qualitative analysis and uses a statutory approach and case approach. The results of this study conclude that law enforcement regarding the crime of illegal mining in Decision Number 708/Pid.B/LH/2021/PN Btm that the judge in imposing the law did not pay attention to the objectives of the Minerba Law, thus it is feared that the perpetrators will repeat their actions and cause losses to the state and to the people around the mining area.