CRITERIA FOR UNLAWFUL MINING BUSINESS

A mining business that is against the law does not depend on how large the amount generated by the business is and how the business process is carried out. If the activity is carried out without a permit, it already violates the provisions of Law Number 4 of 2009 concerning Mineral and Coal Mining;

This decision shows the concern and partiality of the Supreme Court of the Republic of Indonesia towards the environment, namely by annulling the District Court’s acquittal, declaring the defendant’s criminal acts proven, and convicting the perpetrators;

To facilitate the search for and collection of environmental cases, the Supreme Court has issued Decree of the Chief Justice of the Supreme Court (SK KMA) Number 37 of 2015 in conjunction with Supreme Court Circular Letter (SEMA) Number 2 of 2015, which regulates the special numbering of environmental cases.

• Supreme Court Decision No. 237 K/Pid.Sus/2015 dated 4 September 2015.

Source: Varia Peradilan No. 363, February 2016, page 164.

Best regards,

Fredrik J. Pinakunary