MATERIAL DELIC FOR MINING WITHOUT BUSINESS LICENSE IN MAMUJU REGENCY 1st Danil, 2nd Ali Rahman, 3rd Faradillah Paratama , 4th Jamil Reza, 5th Alqadri Nur
Faculty of Law, Sawerigading University, Makassar, Indonesia
Abstract
The government has regulated provisions regarding criminal liability for mining business actors who commit mining without a Mining Business Permit (IUP), as stipulated in Article 158 jo Article 35 paragraph (1) Law Number 3 of 2020 concerning amendments to the Law Number 4 of 2009 concerning Mineral and Coal Mining. This type of research in legal writing is normative legal research, with the approach used in this legal research being a statute approach. Material offenses in the mining business are regulated in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining contained in Articles 158, 159, 160, 161, 161A, 161B, 162, 164. Whereas in case Number 229/Pid.Sus/2021/PN. Mam The defendant who did mining without a permit was charged with material offenses Article 158 in conjunction with Article 35 paragraph (1). 2) The basis for the judge^s consideration in passing a decision on mining actors without a permit is in decision Number 229/Pid.Sus/2021/PN. Mam is obtained from the legal facts of the trial, which are based on evidence, statements of witnesses, and statements of Defendant and Matters mitigating the defendant.
