There Are 418 Illegal Mining Cases, Pushep Researcher: Illegal Mining In The Situation Concerns

Illustration (Photo: Doc. Antara)

JAKARTA - The Center for Energy and Mining Law Studies (Pushep) released its study results related to mapping cases of the energy and mining sector law.

In these findings, it is known that the mineral and coal mining sector, particularly related to unlicensed mining (Peti) dominates cases that are most included and decided by courts throughout 2022.

PUSHEP researcher, M Wirdan Syaifullah, said that his party found at least 418 cases in the Minerba and Oil and Gas Mining sectors that were found.

The cases ranged from the level of the District Court to the Supreme Court.

"The findings confirm that the current condition of illegal mining activities is already in a situation that is confusing," he told the media quoted on Friday, January 27.

He added that the situation should not be ignored.

"This Peti activity is very complex. It involves various irresponsible individuals. We encourage the government to dare to take a stand on these illegal activities," he said.

According to Wirdan, this illegal mining complexity occurred because there were allegations of involvement in the game between the elite central government and the regional government.

In addition, he continued, these activities also tend to be protected by officers, from small rank to rank of star.

Mining activities without a permit tend to be left without strict action.

"The direction again, the punishment or sanctions given to the perpetrators are very weak and do not provide a deterrent effect," said Wirdan during the discussion.

Wirdan added that illegal mining occurs in large areas with the potential for mineral mining. Activities are carried out openly.

The perpetrators are not afraid to carry out the mining without a permit.

"The state seems helpless in dealing with the mining mafia. This is very detrimental to the state. Natural resources are being damaged. State revenues just disappear. This is a serious problem in Indonesia's mining governance which requires serious attention from all parties", said Wirdan.

Wirdan said, various types of cases were found, ranging from criminal cases, civil cases, state administrative disputes or industrial relations disputes.

During the search, it was found that there were more criminal cases than other types of cases such as civil or state administrative disputes.

He said there was something interesting, namely that in general the defendant was sentenced to a relatively light sentence compared to the criminal threat.

For example, illegal mining activities are threatened with 5 years imprisonment and a fine of Rp. 100 billion.

However, in his decision the defendant was only sentenced to imprisonment of under 1 year.

Wirdan explained, there were around 213 Minerba criminal cases with prison sentences under 1 year and only about 51 cases with imprisonment of more than 1 year.

In addition, it was also found that the lowest sentence was in decision No. 6/Pid.Sus/2022/PN Amp with a prison sentence of 1 month and 15 days.