TINJAUAN YURIDIS PENYERTAAN (Deelneming) PELAKU TINDAK PIDANA PENAMBANGAN EMAS TANPA IZIN (ILLEGALMINING) DI WILAYAH HUKUM PENGADILAN NEGERI TELUK KUANTAN TAHUN 2020

Abstract

One of the most common crimes in Indonesia is illegal mining. Earth Indonesia is an earth that has a lot of natural wealth buried in it, both renewable and non-renewable natural resources. One type of natural wealth that cannot be renewed is natural resources of mining materials, the minerals include gold, silver, coal, copper, nickel, bauxite, oil and natural gas. The problem in this study is how the form of participation in the distribution of criminal penalties for the perpetrators of illegal gold mining (Illegal Mining), and how the application of criminal sanctions in the criminal act of mining without a permit (Illegal Mining) in the jurisdiction of the Teluk Kuantan District Court. The purpose of this study is to determine the form of participation in the distribution of criminal penalties for perpetrators of illegal gold mining (Illegal Mining), and how to apply criminal sanctions in the criminal act of illegal mining (Illegal Mining) in the jurisdiction of the Teluk Kuantan District Court. In this writing, the writer uses empirical sociological legal research method by means of a survey, while the nature of the research is descriptive with a sampling technique using a population and a sample using a purposive sampling method. With data collection tools in the form of interviews and literature studies. Based on the results of the study, it can be concluded that the form of participation (Deelneming) in the distribution of penalties for the criminal act of Illegal Mining in the Teluk Kuantan District Court is to carry out illegal gold mining where the three defendants I act as operators, Defendant II acts as a search for gold grains by digging the ground. and Defendant III as a worker in charge of throwing large stones on watered soil, the three defendants only as workers and the application of criminal sanctions in the criminal act of illegal mining in the jurisdiction of the Teluk Kuantan District Court, the three defendants were charged with violating Article 158 of the Law Number 4 of 2009 concerning mineral and coal mining junto article 55 paragraph (1) of the Criminal Code (KUHP) with Decision number: 70/Pid.B/LH/2020/PN Tlk, dated July 22, 2020. With criminal penalties imprisonment of 1 year 8 months and a fine of 400 million rupiah with a subsidiary confinement.