JAKARTA - The panel of judges at the Central Jakarta District Court (PN Jakpus) indirectly sentenced two defendants, East Halmahera nickel miners, to be free of charge for the criminal case of installing a peg.
"Both, Marsel Bialembang and Awab Hafidz, are innocent of installing a peg on the nickel mining business permit land because their intention is to protect state assets," said Presiding Judge Sunoto when reading the verdict at the PN Jakpus, Wednesday, December 17.
Sunoto continued, they suspected that there was illegal mining activities by PT Position. "So, it's not because they want to control forest land so as not to violate the Forestry Law," he said.
Previously, prosecutors had accused the two employees of PT Wana Kencana Mineral (WKM) of violating two laws (UU), namely the Mining Law for the first charge, and the Forestry Law for the second charge.
However, for the charges from the Mining Law, Awab and Marsel, were found guilty by the judge. They were sentenced to five months and 25 days in prison.
Despite being sentenced to prison, the judge ordered the two to be released because they had been detained for eight months.
"Order the defendant to be immediately released," said Judge Sunoto.
They were found guilty of the prosecutor's charges accusing the two of obstructing the mining activities of PT Position. However, according to the same panel of judges, PT Position was suspected of illegal mining.
"However, for proof, it must go through different investigations and trials. One mistake does not eliminate another mistake," said Judge Sunoto.
Previously, the police named the two as suspects based on a report from the Director of PT Position. PT Position considered the actions of the two to put stakes on the land for mining business permits or IUP PT WKM as a mining obstacle.
PT WKM is where Awab and Marsel work. The reason Awab and Marsel put up a stake is because of the alleged illegal mining of PT Position.
The alleged illegal mining of PT Position was strengthened from the results of the Gakum Mining Investigation of the Ministry of Energy and Mineral Resources.
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