Penegakan Hukum Pidana Pasal 158 Undang-Undang Nomor 4 Tahun 2009 tentang Pertambangan Mineral dan Batubara terhadap Pelaku Tindak Pidana Penambangan Pasir di Wilayah Hukum Pengadilan Negeri Jambi

Abstract

The general public does not know that the act of sand mining is a crime. It is caused by the habitual factor in the communities that do sand mining when they need it for constructions. The rapid development of constructions indirectly increases the demand for sand in large quantities to be used in various constructions processes. The increasing is affecting the emergence of sand mining activities by the community to meet daily needs. Sand mining activities undertaken as a business, whether using labor or machinery equipment, shall obtain a license. Unlicensed sand mining activities is a crime, that law enforcement is required. Unlicensed sand mining activities is one of the categories of illegal mining crimes set forth in Article 158 of Act Number 4 Year 2009 on Mineral and Coal Mining, wherein any person undertaking a mining business without IUP, IPR or IUPK as referred to in Article 37, Article 40 paragraph (3), Article 48, Article 67 paragraph (1), Article 74 paragraph (1) or paragraph (5) shall be punished with imprisonment for a maximum of 10 (ten) years and a maximum fine of Rp. 10,000,000,000, - (ten billion rupiah). Although criminal sanctions
against unauthorized sand mining have been stipulated in law, such activities are still carried out by irresponsible parties. This study aims to analyze the Criminal Law enforcement on Article 98 of Act Number 32 Year 2009 on Environmental Protection and Management against the perpetrators of environmental pollution due to sand mining activities in the river Batanghari, so that environmental issues, especially in the sector of environmental pollution caused by mining activities sand in Batanghari river, can be evaluated. The location of this research is the jurisdiction of the Jambi District Court. This study is a descriptive research, taken by describing in detail the object under investigation with respect to the form of law enforcement against the perpetrators of environmental pollution caused by sand mining activities in Batanghari river.