ANALISIS YURIDIS PERTIMBANGAN HAKIM DALAM PENERAPAN SANKSI PIDANA TERHADAP PELAKU KEGIATAN PENAMBANGAN YANG DILAKUKAN DI LUAR WILAYAH IZIN USAHA PERTAMBANGAN (WIUP)

Abstract

Illegal mining outside mining permit areas is a serious problem in the mining sector in Indonesia. One law enforcement effort against illegal mining perpetrators is through the application of criminal sanctions. This study aims to analyze the considerations of judges in applying criminal sanctions to perpetrators of mining outside mining permit areas. The research method uses a normative juridical research type with a case approach. The results of the study indicate that factors such as the level of environmental damage, the magnitude of state losses, and the socio-economic factors of the perpetrators are the main considerations for judges in determining criminal sanctions. In addition, there is consideration of the effectiveness of sanctions as a preventative measure against future illegal mining activities. Meanwhile, the qualifications for Mining Crimes outside the Mining Business Permit Area (WIUP) concern the determination of the area and boundaries of the Mining Business Permit Area (WIUP) that meet the criteria for establishing 1 (one) or several WIUPs within 1 (one) WUP related to geographic location, conservation principles, environmental protection carrying capacity, optimization of mineral and/or coal resources and population density.