TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PERTAMBANGAN MINERAL DAN BATUBARA ILEGAL

(Studi Kasus Putusan No. 32/Pid.Sus/2019/PN Wmn)

Abstract

The purpose of this study is to examine the application of law and judges' judgment
in the criminal case of illegal mineral and coal mining in Decision No.
5/Pid.Sus/2019/PN. Wmn. The type of research used is normative juridical with
descriptive research nature. The data sources used are secondary data. Data
collection techniques use literature studies. The data analysis technique used
qualitative analysis. The results of the analysis show that the application of the law
in the criminal act of violating the Mineral and Coal Law shows that the Judge
sentenced the Defendant to imprisonment for 2 (two) years and 6 (months) and a
fine of Rp. 1,000,000,000.- (One billion rupiahs). ) provided that if the fine is not
replaced with imprisonment for 6 (six) months. The judge's consideration in
deciding the case of decision no. 32/Pid.Sus/2019/PN Wmn has complied with
Article 184 of the Criminal Procedure Code, namely based on legal facts, witness
statements, statements and instructions.
Keywords: crime, mining, mineral and coal, illegal