PERTIMBANGAN HAKIM DALAM MENJATUHKAN SANKSI PIDANA TERHADAP PENAMBANG TIMAH TANPA IZIN DI BANGKA BELITUNG

Many people in Bangka Belitung carry out mining without an IUP (Mining
Business Permit) which causes work accidents that make the miners. They do not
pay attention to the regulation of the minister of energy and mineral resources
number 26 of 2018 concerning good and correct mining principles. For miners
without a license, law enforcement can be done directly which can then be
submitted further in court. The research method is included in juridical normative,
namely by studying the laws related to mining without a permit and then looking at
the verdict and based on normative provisions. The results of this study indicate
that there are several reasons for miners why they dare to mine tin without a license,
which is due to economic factors due to the daily needs of the miners to mine tin
without permission on their private land, and also the factors of education and
employment here are mutually the relationship due to lack of employment as well
as education is one of the factors that causes mining without this permit.
Furthermore, the judge's own consideration is needed in imposing criminal
sanctions against tin miners without a license in Bangka Belitung by looking at the
charges filed and the reasons for the mining. Judges' considerations are also seen
from the juridical and non-juridical factors that are considered by the judge in
deciding whether the perpetrator is decided or not, and there are differences in the
charges or decisions passed on to the defendants by the judge related to mining
crimes.