Penjatuhan Sanksi Pidana Terhadap Pelaku Tindak Pidana Pertambangan (Studi Kasus Putusan Nomor 140/Pid.Sus/2023/Pn Plj)

Abstract

The aim of writing this article is to analyze how criminal sanctions are imposed on non-criminal perpetrators of gold mining in Decision Number 40/Pid.Sus/2023/Pn Plj. The research method used in writing this article is a normative juridical research method, namely research carried out using secondary data in researching the legal issues to be analyzed. After following a series of criminal procedures, Defendant I was clearly and convincingly proven to have committed the criminal act of storing, processing,, and/or refining minerals that did not come from holders of IUP, IUPK, IPR, SIPB,, or IUPK permits as a continuation of contract/agreement operations, transportation and sales permits, or IUP for sales so that Defendant I was sentenced to imprisonment for 1 (one) year and 6 (six) months and a fine of IDR 50,000,000.00. (fifty million rupiah). The government should provide education regarding procedures for implementing mining business activities so that people do not carry out illegal mining activities that can cause losses to the state.