CD Skripsi
Pertimbangan Hakim Dalam Menerapkan Alat Bukti Petunjuk Dalam Menjatuhkan Vonis Hukuman Pada Tindak Pidana Pertambangan Emas Ilegal Di Kabupaten Kuantan Singingi
ABSTRACT
Based on the author's observations in the field, it can be seen that in the illegal gold mining area there are former mining excavations in the form of small lakes filled with yellow-brown water, beside the holes are piled hundreds of cubic stones mixed with sand from mining residue, while the trees around it looks dry. The law explains that the minimum prison term for activities related to the environment is one year, so that according to the author's assumption, the application of threats in one of the sample cases is less effective. Law enforcement is the efforts taken by the government or an authority to ensure the achievement of a sense of justice and order in society by using several devices or tools of power, both in the form of laws, to law enforcers including the police, judges, prosecutors, and others. lawyer.
When viewed from the type, this research is classified as sociological legal research, namely research obtained directly from the community or primary data research. The data collection method in this research is the documentation method. To collect the data referred to above, the following techniques were used: Library research. This is done by searching, recordifng, taking inventory, studying data in the form of library materials, and analyzing these data. Observation is a complex process, a process composed of various biological and psychological processes. Observation can also be said as a method carried out by direct observation of the object of research.
From the results of the research and discussion of considerations adjusted to Article 158 of the Law of the Republic of Indonesia Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Minerals and Coal in conjunction with Article 55 paragraph (1) 1 of the Criminal Code, the elements of the panel of judges are considering Not “everyone”, Not “who conducts mining without a permit”, Who commits, orders to do, or participates in carrying out actions. The obstacles encountered in the application of the evidence guide for judges in passing a criminal decision on illegal gold mining in Kuantan Singingi Regency consisted of the perpetrators not recognizing the evidence and the difficulty of evacuating the evidence.
Keywords: Criminal, Judge's Consideration, and Illegal Gold Mining
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