Pertimbangan Hukum Hakim dalam Tindak Pidana Pertambangan Pasir Tanpa Izin: Studi Putusan Nomor 736/Pid.Sus/2024/PN BPP

Chandra Setiawan (Universitas Mulawarman)

Jurnal Hukum Lex Generalis
Vol 7 No 11 (2026): Tema Hukum Lingkungan

This study aims to analyze judicial considerations in Decision Number 736/Pid.Sus/2024/PN BPP concerning illegal sand mining and its implications for the criminal liability of other involved parties. This normative legal research employs a case approach. The findings indicate that the judges' considerations primarily focused on the field operator within the scope of the prosecutor's indictment. Consequently, the concept of complicity (deelneming) was not optimally applied, leaving parties acting as controllers, financiers, and beneficiaries beyond the reach of criminal accountability.