RATIO DECIDENDI JUDICIAL DECISION ON ILLEGAL COAL MINING PERPETRATORS (COMPARATIVE STUDY OF JUDICIAL DECISIONS)

Abstract

This research aims to analyze juridically the Ratio Legis of the Mineral and Coal Mining Law in conjunction with Government Regulation Number 25 of 2024 concerning the Implementation of Mineral and Coal Mining Business Activities, and to theoretically find the Ratio Decidendi of the Judge's Decision against Illegal Coal Mining Actors as well as the Study of the Rantau District Court Decision Number: 101/Pid.Sus/2020/PN.Rta, the Kotabaru District Court Decision Number: 27/Pid.B/LH/2024/PN Ktb, the Martapura District Court Decision Number: 65/Pid.Sus-LH/2024/PN Mtp, and the Martapura District Court Decision Number: 220/Pid.Sus-LH/2024/PN Mtp.

This research uses the Welfare State Theory by Mr. R. Kranenburg & Mac Iver, the Justice Theory by John Rawls, and the Law Enforcement Theory by Andi Hamzah & Koesnadi Hardjasoemantri.

The methods used are normative juridical and doctrinal juridical, which are prescriptive in nature, employing the Statute approach, Conceptual approach, and Case approach. Differences with previous research: (1) Jikri Sinurat formulates the urgency of criminalizing entrepreneurs who conduct mining activities without permits in Indonesia and law enforcement against entrepreneurs who conduct mining activities without permits in decision Number: 517/Pid.B/2021/PN.Lbp; (2) Keris Aji Wibisono formulates the crime of illegal mining in the jurisdiction of the Central Kalimantan Police and law enforcement against the crime of illegal mining in the jurisdiction of the Central Kalimantan Police.

The findings from this research indicate that the Ratio Legis of these regulatory changes aims to align the legal framework for mineral and coal mining with the principles of sustainability, increased state revenue, environmental risk management, and legal certainty. The decisions can be concluded that: a. Environmental damage is a factor that aggravates the punishment; b. The state's losses due to illegal mining activities are a primary consideration; c. Mens rea also affects the severity of the punishment; d. Judges refer to the Mineral and Coal Law and other regulations such as the Environmental Law and the Forestry Law.