Legal Analysis of Mineral and Coal Mining Criminal Cases (Case Study: Decision Number 26/Pid.Sus/2022/Pn.Ba)

Abstract

Illegal mining of soil or rocks without official permits poses a serious threat to state revenue, administrative compliance, and ecological sustainability. This study aims to analyze the judges' legal considerations in proving the elements of mineral and coal mining offenses in the Banjarnegara District Court Decision Number 26/ Pid.Sus /2022/PN Bnr, and to reflect on the values of justice, utility, and legal certainty contained within the decision. This study employed a normative juridical approach through a case study method. The primary data sources consist of secondary data derived from primary, secondary, and tertiary legal materials, focusing on the Banjarnegara District Court Decision. Data analysis was presented descriptively and qualitatively using the Sentencing Theory alongside the Theory of Justice and Law. The results indicate that: First, the judges successfully proved legally and convincingly all elements of the Prosecutor's Single Indictment, namely Article 158 juncto Article 35 of Law No. 3/2020 on Minerals and Coal Mining. The element of”mining without a permit" was fulfilled as land excavation and commercial soil sales under the guidance of”voluntary community fees" were conducted without IUP, IPR, or IUPK documents. Second, based on Radbruch and Aristotle's theories, the decision proportionally integrates legal certainty, distributive justice (forfeiture of crime proceeds to the state to correct individual greed), and environmental utility for the community. According to Sentencing Theory, the imposed sanction serves as an instrument for social conflict resolution and a preventive measure to ensure public compliance with state licensing administration.