PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MELAKUKAN USAHA PENAMBANGAN TANPA IZIN IUP, IPR ATAU IUPK BERDASARKAN PASAL 158 UNDANG-UNDANG NOMOR 3 TAHUN 2020 TENTANG PERTAMBANGAN MINERAL DAN BATU BARA (Studi Putusan Nomor : 518/Pid.Sus/2022/Pn.Tjk)

Abstract

Mining is all or part of the stages of activity in the management and exploitation of minerals or coal which includes exploration, feasibility studies, construction, mining, management & refining, transportation & sales, and post-mining activities. As for what is the dispute in this study, how is the responsibility of the perpetrators of criminal acts in conducting a mining business without IUP, IPR or IUPK Permits & How to consider the rules of the Panel of Judges in determining the crime of carrying out a mining business without IUP, IPR or IUPK Permits from Study Decision Number: 518 /Pid.Sus/2022/ PN.Tjk? the research method used is normative & empirical juridical, the output of research on criminal liability for conducting mining business without a permit is imprisonment for 2 (two) months & 15 (fifteen) days & a penalty of IDR 5,000,000.00 (5 million rupiah) And the legal considerations of the Panel of Judges in determining the criminal act of conducting a mining business are not yet perfect because it is too light for the perpetrators who have committed mining crimes without causing environmental damage as a result, as a result of which they cannot have a deterrent effect on the perpetrators.