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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis aims to discuss the problems of punishment for mine resisters formulated in Article 162 of Law No. 3 of 2020 concerning Mineral and Coal Mining which has been partially amended by Law No. 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law No. 2 of 2022 concerning Job Creation into Law.
The main requirement for criminalization in Article 162 is the completion of land release and compensation payments between mining companies and landowners. However, in reality, most cases of Article 162 of the Minerba Law that occur in Indonesia are people demanding land release and compensation for their land that has not been received.
This research uses a type of Normative research method that is qualitative in nature through a statutory approach and a case approach. This approach is carried out by examining the formulation of the norms of Article 162 of the Minerba Law and several court decisions with cases of Article 162 of the Minerba Law that have permanent legal force, namely Decision Number 132/Pid.Sus/2023/PN Bjn, Decision Number 111/Pid.Sus/2023/PN Sgt, Decision Number 68/Pid.Sus/2020/PN Kka, Decision Number 118/Pid.Sus/2020/PN Tjp, and Decision Number 41/Pid.Sus/2018/PN Sgt.
The results of this study indicate that Article 162 of the Minerba Law is flawed norms, and its implementation in court is not in accordance with the requirements formulated in the Law. The existence of Article 162 of the Minerba Law only protects some groups and harms many parties. This injures the law itself, justice for the community and the concept of Maqashid Shari'ah.

193/IH/2024

193/IH/2024

Perpustakaan FSH Lantai 4

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