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Journal : GANEC SWARA

PERTANGGUNGJAWABAN PIDANA BAGI PELAKU TINDAK PIDANA PERTAMBANGAN MINERAL DAN BATUBARA (ANALISIS PUTUSAN PN PRAYA NOMOR 123/PID. B/LH/2023/PN PYA) MEGAYATI, DHINA; LESTARI, B. FARHANA KURNIA; ARSITHA, REILITA DWI
GANEC SWARA Vol 18, No 3 (2024): September 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i3.1020

Abstract

The mining sector is one of the supports for the welfare of the Indonesian people. Therefore, mining activities must be carried out according to procedures and have legality as applicable regulations. Criminal liability for perpetrators of mineral and coal mining crime Analysis of Decision Number 123/Pid.B/LH/2023/PN Pya is that the defendant has been proven guilty and fulfills the elements in Article 160 of Law of the Republic of Indonesia Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Criminal liability for case Number 123/Pid.B/LH/2023/PN Pya that the Defendant has been proven guilty and meets the elements in Article 160 of Law of the Republic of Indonesia Number 3 of 2020 concerning amendments to Law of the Republic of Indonesia Number 4 of 2009 concerning Mineral and Coal Mining, namely the provision that Every person who has an IUP or IUPK at the Exploration activity stage but carries out Production Operation activities shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000.00 (one hundred billion rupiah). When associated with the maximum penalty, the penalty imposed on the Defendant is still relatively low because mining without a permit is a very serious case and has a major impact on the state and society. The judge's consideration in imposing a criminal sentence based on juridical and non-juridical considerations, the judge decided that the defendant was sentenced to imprisonment of 7 (seven) months and a fine of Rp. 20,000,000.00 (twenty million rupiah) subsidair 2 (two) months.
PERAN DIT RESKRIMSUS POLDA NTB DALAM PENANGANAN PERKARA TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL (STUDI PUTUSAN PN NOMOR : 568/PID.SUS/2022/PN MTR) MEGAYATI, DHINA
GANEC SWARA Vol 18, No 1 (2024): Maret 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i1.763

Abstract

This research aims to find out the role of the Directorate of Criminal and Criminal Investigation of the NTB Regional Police in handling cases of criminal defamation through social media (PN DECISION Study Number: 568/Pid.Sus/2022/PN Mtr), and to find out what the judge's legal considerations are in the PN decision. Number 568/Pid.Sus/2022/PN Mtr dated 7 October 2022 concerning the crime of defamation via Facebook committed by the defendant SAHBAN. This research is a type of descriptive normative legal researchIn carrying out the duties, functions and roles of the West Nusa Tenggara Regional Police Criminal Investigation Unit in handling criminal acts of defamation through social media, namely carrying out the functions and roles of carrying out investigations and investigations of special crimes in the Legal Area of the West Nusa Tenggara Regional Police. The judge's decision must provide a deterrent effect on the perpetrators of criminal acts and can make the accused become a more responsible person and be able to return to being a better member of society. The judge's decision must also be able to prevent people from committing similar criminal acts.