Kedudukan Keterangan Ahli dalam Pembuktian Tindak Pidana Pertambangan Ilegal Di Luar Wilayah Izin (Analisis Putusan PN No.329/Pid.Sus/2023/Pn.Ktp dan Putusan MA No. 5499K/Pid.Sus/2024)

Abstract

In the Indonesian criminal procedural law system, expert testimony plays a central role in proving illegal mining crimes outside the permitted area, as it forms the technical basis for assessing alleged violations of mining permit boundaries (WIUP). This is evident in the differing decisions between the Ketapang District Court and the Supreme Court in the case of PT. Sultan Rafli Mandiri. The District Court considered the expert testimony submitted by the public prosecutor invalid because the expert was not presented in court, their statement was not read aloud, and the report was not prepared by a certified mining surveyor. As a result, the judges questioned the validity of the coordinate report and ruled that the defendant was not proven guilty. In contrast, the Supreme Court accepted the same evidence and declared the defendant guilty of conducting mining activities without a permit. This contrast highlights that the quality, presence, and competence of experts greatly influence judicial confidence and are key elements in determining the guilt or innocence of a defendant in illegal mining cases outside WIUP. The aims of this study are to examine the legal regulations concerning illegal mineral and coal mining outside permit areas, to understand the legal standing of expert testimony as evidence in criminal trials under Indonesian criminal procedure law, and to analyze the differing judicial considerations in the two aforementioned court decisions. The research employs a normative legal method with a statutory and case approach through literature study of secondary data. The findings indicate that expert testimony is a crucial form of evidence, yet its validity may raise debate, as shown in the contrasting views of the District Court and the Supreme Court in the PT. Sultan Rafli Mandiri case. These findings emphasize the importance of standardized quality and clear validity of expert testimony in enforcing criminal law in the mining sector.