Ketentuan Pidana Terhadap Pelaku Pertambangan Yang Mengakibatkan Kecelakaan Kerja Berujung Kematian

Abstract

Mineral and coal mining is a vital sector for the Indonesian economy. However, the prevalence of illegal mining practices without permits and without occupational safety standards has led to numerous workplace accidents, even resulting in death. The development of illegal mining is influenced by various factors such as inherited traditions that consider mining land as an inheritance, simple capital and techniques, the community's economic dependence on mining, and the perception that the business licensing process is complicated and expensive. Based on the background description, the problems studied are: What forms of illegal mining result in workplace accidents resulting in death, What are the criminal provisions for perpetrators of illegal mining that result in workplace accidents resulting in death, What is the basis for judges' considerations in sentencing perpetrators of illegal mining that result in workplace accidents resulting in death in Decision Number 70/Pid.Sus/PN Mtk and Decision Number 124/Pid.Sus/2021/PN Tdn This research uses normative legal research. The approaches used in this research are the statutory and case studies. The statutory study is conducted by examining relevant laws and regulations. The case study is conducted by examining related cases. The data analysis method used is qualitative data analysis, resulting from data collection through primary, secondary, and tertiary data. The conclusion of the study shows that the criminal provisions for perpetrators of illegal mining that result in work accidents leading to death are regulated in Article 158 of Law Number 3 of 2020, an amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining, Law Number 13 of 2003 concerning Manpower, and Article 359 of the Criminal Code concerning negligence causing death..