Achmad, Kevin (2025) Analisis Yuridis Terhadap Tindak Pidana Penambangan Tanah Timbun Tanpa Izin Usaha Pertambangan (Studi Kasus Putusan Nomor 169/PID.B/LH/2022/PN PBR). Other thesis, Universitas Islam Riau.

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Abstract

Mining, as part of the utilization of natural resources, must be conducted legally and sustainably. However, illegal mining practices remain prevalent, particularly in the sand and landfill mining sector. Law No. 4 of 2009 on Mineral and Coal Mining regulates the legal provisions regarding mining business permits and sanctions for violators. However, weak law enforcement has led to environmental damage and socio-economic impacts on surrounding communities. One case example occurred in Riau Province, as reflected in Decision No. 169/PID.B/LH/2022/PN PBR, which illustrates how the judiciary processes criminal acts of illegal mining. Given this issue, the author is interested in researching the legal analysis of criminal liability in illegal mining cases and the role of judges in upholding justice in Criminal Case No. 169/PID.B/LH/2022/PN PBR. This study employs a normative legal research method by examining the decision of Case No. 169/PID.B/LH/2022/PN PBR. The research is descriptive-analytical, providing as accurate data as possible regarding the circumstances and evidentiary phenomena as well as the legal considerations of the panel of judges in deciding Criminal Case No. 169/PID.B/LH/2022/PN PBR. The conclusion of this study reveals that the evidentiary process in Criminal Case No. 169/PID.B/LH/2022/PN PBR has met the elements of proof, including the presence of evidence, witness testimony, expert testimony, and the defendant's statement. In this case, the defendant was found guilty under Article 158 of Law No. 3 of 2020 concerning Amendments to Law No. 4 of 2009 on Mineral and Coal Mining in conjunction with Article 55(1)(1) of the Indonesian Criminal Code (KUHP) and Law No. 8 of 1981 on Criminal Procedure. The judge’s considerations in Criminal Case No. 169/PID.B/LH/2022/PN PBR included facts presented during the trial, such as witness testimonies, evidence, expert statements, and the defendant’s confession.

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