Analysis of Decision
No. 244/pid.sus.2020/PN BJN concerning Unlicensed Sand Mining Accompanied by
Repeated Crimes
Name :
Imelsa Alifia Prastyastuti
NIM :
18040704104
Study Program :
S1 Ilmu Hukum
Department : Hukum
Faculty :
Ilmu Sosial dan Hukum
University : Universitas Negeri Surabaya
Advisor :
Indri Fogar Susilowati, S.H., M.H.
The mining crime is a special crime because the procedural law and
sanctions are regulated outside the Criminal Procedure Code and the Criminal
Code. The repetition of criminal acts in the Criminal Code specifically
mentions certain articles that can be weighted because the perpetrator repeats
the same crime (recidivist). As a result, if special crimes outside the
Criminal Code do not regulate weighting in the form of repetition of criminal
acts, weighting cannot be given to the defendant. One case example is Decision
No. 244/Pid.Sus/2020/PN Bjn where the judge did not give weight to the
recidivist defendant and gave a light sentence even though other decisions
imposed a heavier sentence. The research will answer the basis for the judge's
consideration not to add a prison sentence to a defendant who commits a repeat
sentence in Decision No. 244/Pid.Sus/2020/PN Bjn and legal consequences for
illegal mining actors in Decision No. 244/Pid.Sus/2020/PN Bjn. This research is
normative legal research and the approach used is statutory, concept, and case
approaches. The legal materials used are primary and secondary legal materials.
The results of the research show that the defendant in Decision No.
244/Pid.Sus/2020/PN Bjn fulfills the elements of recidivism but the Minerba Law
does not regulate recidivism as a lex specialis while the recidivism of
Articles 486-488 in the Criminal Code cannot be applied because it can only be
applied to offenses that are explicitly stated in the article the. However, the
judge may apply ultra petita in a form that exceeds the length demanded by the
prosecutor, as long as the ultra petita does not exceed a maximum sentence of 5
(years) as stipulated in Article 158 of the Minerba Law. The legal consequence
of this decision is that the defendant is sentenced to prison in order to limit
the freedom of the defendant but also to protect society from the damage caused
by the defendant and to improve the behavior of the defendant.
Keywords: unlicensed
sand mining, criminal, recidivism