Law Enforcement to the Mining Crime of Class of C Without Permission Under Law No. 4 Year 2009 On Mineral Mining and Coal

摘要

This paper aims to find solutions related to law enforcement to the mining crime of class of C without permission under Law No. 4 years 2009 on Mineral Mining and Coal. The handling of unlicensed Mining Permit cases that occurred in several regions in Indonesia has been proven by several cases processed and already transferred to the prosecutor's office for trial in some first instance courts or even at the level of the supreme court with the violated Article is Article 158 of Law No. 4 of 2009 on Mineral and Coal M ining juncto Article 109 juncto Article 116 of Law Number 32 Year 2009 on the Environment juncto Article 55, 56 paragraph (1) for 1 of Criminal Code. The application of material criminal provisions to cases of mining crimes without permission and without environmental permit is in accordance with the applicable law, based on legal facts found at the time of the investigation, whether in the form of witness statements and with the evidence and the recognition of the suspect all of which are in contravention of the article in the conjecture so that the Police have conducted an investigation and subsequently delegated to the Prosecutor for the prosecution process.