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International Journal of
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VOL. 10, ISSUE 3 (2024)
Implementation of Legal Protection for Third Parties in good faith in the court ruling to confiscate evidence for the state in mining criminal cases (Study Court Ruling Number: 73/Pid.B/LH/2023/PN.Rbg)
Authors
Rezadipta Mahendra Cakra Bhakti, Bambang Santoso S H M Hum
Abstract

This research refers to the illegal mining case that will be reviewed by the author is the case in the Court ruling Number: 73 / Pid.B / LH / 2023 / PN.Rbg, the side of injustice in the content of this decision is the role of a Third Party named Abdul Rohman whose as the owner of evidence in the form of 1 (one) unit of truck, the goods he owns are confiscated and confiscated for the state. on the basis of consideration that the goods have participated in assisting the process of criminal acts that have been committed by the Defendant. The judge in deciding this case to realize that the defendant is deterred by Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Minerals and Coal. Is it appropriate that Abdul Rohman as a Witness in this judgment should participate in obtaining sanctions like this, when in reality Abdul Rohman did not know anything if the goods he owned were rented to the Accused to commit the illicit act. This research uses two types of legal materials, namely primary legal materials and secondary legal materials, while the type of data used in this research is qualitative data and uses normative legal research types.

The results of this study show that: Law enforcement against Illegal Mining business actors in the perspective of environmental protection to achieve Supremacy of Law is carried out by the application of administrative sanctions, civil sanctions and criminal sanctions. Relevant law enforcement officials must be able to carry out law enforcement measures in the form of preventive and repressive measures, including supervising every mining activity such as legal protection for third parties who have good intentions in the decision to confiscate evidence for the state in cases of mining crimes
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Pages:61-65
How to cite this article:
Rezadipta Mahendra Cakra Bhakti, Bambang Santoso S H M Hum "Implementation of Legal Protection for Third Parties in good faith in the court ruling to confiscate evidence for the state in mining criminal cases (Study Court Ruling Number: 73/Pid.B/LH/2023/PN.Rbg)". International Journal of Law, Vol 10, Issue 3, 2024, Pages 61-65
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