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