ANALISIS KRIMINOLOGIS PENYALAHGUNAAN MERKURI PADA PERTAMBANGAN EMAS TANPA IZIN( STUDI PUTUSAN NOMOR: 378/PID.SUS/2018/PN.RGT)

Abstract

Mercury or mercury (Hg) is one type of metal as an organic and inorganic compound that is widely found in nature and is scattered in rocks, ore, soil, water, and air. Mercury pollution is very common in traditional gold miners. Unlicensed gold miners (PETI) are found in various places in Indonesia, including in most areas in Kuantan Singingi Regency there is a high gold content. Most of the mercury content released from the mining process is attached to the sediment and some turns into methyl mercury which is very harmful to the respiratory function and metabolic system. As for the modus operandi used by the perpetrator to carry out the criminal act of the verdict above, the defendant has legally and proven to have committed a criminal act of Attempt to Conduct Trading Business Activities without a Permit in the Trading Sector where Andri obtained Mercury/Mercury by buying from someone who was not known at the time. in 2014 as many as 2 (two) large bottles worth Rp. 2,000,000, - (two million rupiah) and then the defendant poured the mercury/mercury into small bottles which the defendant obtained from Bukit Tinggi, West Sumatra Province with a certain dose according to the selling price. which the defendant wrote on the bottle and then the defendant sold it in a retail way to the buyer with the aim of making a profit. The application of material criminal law in the case of the misuse of mercury in gold miners without a permit (Judgment Study Number: 378/Pid.Sus/2018/PN.Rgt has complied with the provisions and formulations of criminal acts, regulations regarding terms and conditions). -conditions on when a person becomes punishable, the appointment of persons who can be punished and the provisions regarding his own punishments, where in this case the defendant has been legally and proven to have committed a criminal act of Attempt to Conduct a Trading Business Activity That Does Not Have Permit in the Field of Trade Article 106 in conjunction with Article 24 paragraph (1) of Law Number 7 of 2015 concerning Trade