Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Budiyanto, Budiyanto -
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Sentecing Model For Residivists Of Illegal Mineral And Coal Mining Crimes Kaplele, Farida -; Rohrohmana, Basir -; Budiyanto, Budiyanto -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4265

Abstract

The goal of the current normative research is to investigate how Law Number 4 of 2009 concerning Mineral and Coal Mining (also known as the Minerba Law) applies to the sentencing of recidivist offenders for offenses involving mining minerals and coal. When it comes to dealing with criminal punishments for recidivists who commit crimes related to mining and minerals, there appears to be a complete lack of legislation. This indicates a legal gap that applies to perpetrators who meet the requirements for recidivist status. Since it is governed by Book Two, Chapter XXXI covering Rules for Repetition of Crimes Relating to Various Chapters, Articles 486 to Article 488, the present Criminal Code's position on recidivists is, in theory, not a general norm in this regard. Articles 486 through 488, however, define recidivist as a criminal aggravation for the kinds of criminal crimes included in the established provisions. The criminal punishments found in the Criminal Code correspond to the penalties found in a number of specific criminal legislation that are applied to repeat or recidivist offenders.
Co-Authors Kaplele, Farida - Rohrohmana, Basir -