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

Research Article

The Influence of the Form of the Indictment on Law Enforcement in Criminal Offenses Related to Mining in Forest Areas (Case Study: Verdict Number 15/PID.SUS/2017/PN.PGP)

Download27 downloads
  • @INPROCEEDINGS{10.4108/eai.21-10-2023.2343520,
        author={Van  Jessica},
        title={The Influence of the Form of the Indictment on Law Enforcement in Criminal Offenses Related to Mining in Forest Areas (Case Study: Verdict Number 15/PID.SUS/2017/PN.PGP)},
        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={application of sanctions illegal mining indictment},
        doi={10.4108/eai.21-10-2023.2343520}
    }
    
  • Van Jessica
    Year: 2024
    The Influence of the Form of the Indictment on Law Enforcement in Criminal Offenses Related to Mining in Forest Areas (Case Study: Verdict Number 15/PID.SUS/2017/PN.PGP)
    ICTA II-MIL
    EAI
    DOI: 10.4108/eai.21-10-2023.2343520
Van Jessica1,*
  • 1: Magister of Law, Bangka Belitung University, Indonesia
*Contact email: vanjessica99@gmail.com

Abstract

Indonesia is a country known for having a wealth of natural and mineral resources, such as crude oil, coal, copper, iron ore, tin and gold. With the wealth it has, the Indonesian State carries out exploration activities for natural resources as one type of exploration activity by carrying out mining activities. However, mining activities often carried out do not comply with applicable regulations, which can cause environmental damage. Mining activities without permits are widespread in the Bangka Belitung archipelago, therefore the author will examine the law enforcement process contained therein, especially in the prosecution section carried out by law enforcement officials, namely the public prosecutor through court decision Number: 15/PID.SUS /2017/PN.PGP, The method used by the author in collecting data was normative research methods, the author found that the Public Prosecutor was inappropriate in imposing charges by applying regulations that were not by the facts of the material actions of the defendants and legal facts what was revealed at the trial, evidence, and legal evidence presented at the trial