Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia

Research Article

Criminal Witnesses: Competent Person in Indonesia in Cases of Misappropriation of Mining Production Quantity Determination

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  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343515,
        author={Juni  Marwanto},
        title={Criminal Witnesses: Competent Person in Indonesia in Cases of Misappropriation of Mining Production Quantity Determination},
        proceedings={Proceedings of the International Conference on Environmental Law and Mining Law, ICTA II-MIL 2023, 21st October 2023, Pangkalpinang, Bangka Belitung, Indonesia},
        publisher={EAI},
        proceedings_a={ICTA II-MIL},
        year={2024},
        month={3},
        keywords={competent person criminal penalties falsifying document tin mining},
        doi={10.4108/eai.21-10-2023.2343515}
    }
    
  • Juni Marwanto
    Year: 2024
    Criminal Witnesses: Competent Person in Indonesia in Cases of Misappropriation of Mining Production Quantity Determination
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343515
Juni Marwanto1,*
  • 1: Magister of Law, Bangka Belitung University, Indonesia
*Contact email: juni.tyaz@gmail.com

Abstract

The central focus of the study lies on the significance of accurate reporting as a critical element in evaluating mining activities conducted by companies. Within the legal framework of Indonesia, the act of falsifying documents in mining-related reporting is regulated by Law No. 3 of 2020. Article 159 of this law explicitly delineates the criminal penalties that can be imposed on holders of IUP, IUPK, IPR, or SIPB permits who intentionally submit false or inaccurate reports. These penalties encompass imprisonment and substantial fines. Furthermore, beyond criminal consequences, the abuse of authority by CPIs can also be viewed as a breach of professional ethics, potentially leading to the revocation of the CPI's professional position by the relevant industry association. This disciplinary action is taken to mitigate potential further harm and to preserve the integrity of the CPI profession. This research underscores the importance of rigorously applying legal provisions and subjecting CPIs to oversight by professional associations to maintain their integrity when determining tin production quantities and providing truthful mining reports. This, in turn, safeguards the interests of both the state and the public in the mining sector.