Penegakan Hukum Pidana Terhadap Pelaku Tindak Pidana Penambangan Pasir Tanpa Izin (Studi Beberapa Putusan Pengadilan Yang Berkekuatan Hukum Tetap)

Abstract

Unlicensed sand mining is a serious problem in Indonesia that has a negative impact on the environment, economy, and legal certainty. Unlicensed mining is a crime that continues to increase, causing losses to the state and creating unfair business competition. Based on the background description, it is published in a study entitled Criminal Law Enforcement Against Perpetrators of the Crime of Unlicensed Sand Mining (a Study of Several Court Decisions with Permanent Legal Force) with three problem formulations, namely: how is the qualification of the crime of unlicensed sand mining based on the laws and regulations in force in Indonesia, what are the obstacles the crime of unlicensed sand mining, how is law enforcement against perpetrators of the crime of unlicensed sand mining in several decisions with permanent legal force. The benefits of this study are theoretically and practically related to the crime of unlicensed sand mining. The method used is normative juridical with a statutory and case approach. This data was obtained through literature review and document review of several court decisions, including Decision Number 236 / Pid.Sus / 2024 / PN Btm, Decision Number 26 / Pid.Sus / 2024/PN Pps, Decision Number 555 / Pid.Sus / PN ID card, Decision Number 39 / Pid.Sus/LH/2024 / PN Amp, Decision Number 671/Pid.Sus/LH/2023 / PN Jmb. The results of the study indicate that unauthorised sand mining is classified as a criminal offence based on Article 158 of Law Number 3 of 2020 concerning Mineral and Coal Mining. Criminal law enforcement still faces various obstacles, including the indecisiveness of law enforcement officers, overlapping regulations, socio-economic factors in the community, and weak oversight. Analysis of several court decisions shows a difference between the prosecutor's demands and the sentences handed down by judges, which tend to be lighter. Therefore, penal and non-penal efforts are needed to increase the effectiveness of law enforcement and prevent repeated criminal acts.