Illegal mining in Indonesia: need for robust legislation and enforcement

Figures & data

Figure 1. Percentage of mineral and coal mining investment.

Figure 2. Mineral and coal non-tax revenue from 2020 to 2023.

Table 1. Informants and position in the criminal justice system.

Category of informant	Number of informant	Position of informant	Duration of interview (h)
Police Investigator	1	Head of Criminal Investigation Unit, Bulungan City Resort Police	3
Public Prosecutor	1	Head of General Crime Section, Bulungan District Attorney’s Office	3
Judge	1	Judge at the Tanjung Selor District Court	3
Civil Servant Investigator	2	Mineral and Coal Policy Analyst, Energy and Mineral Resources Office of Kalimantan Utara Province	4
	1	Control, Pollution and Environmental Damage Division, Environment Service of Kalimantan Utara	2

Figure 3. Civil Servant Investigator (PPNS) mineral and coal investigation procedures (Minister of Energy and Mineral Resources Regulation No. 31/2016).

Table 2. Comparison of the judges’ decisions related to unlicensed mining crimes.

Decision	Indictment	Criminal threat	Charges of the Public Prosecutor	Judge’s verdict
TANJUNG SELOR District Court Number 147/Pid.Sus/2022/PN Tjs	Article 161 of Law No.3/2020	Five years and a fine of IDR 100 billion	Three years imprisonment and a fine of IDR 2 billion	Imprisonment for three years and a fine of IDR 2 billion
TANJUNG SELOR District Court Number 148/Pid.Sus/2022/PN Tjs	Article 161 of Law No.3/2020		Two years of imprisonment and a fine of IDR 1 billion	Imprisonment of one year and six months and a fine of IDR 1 billion
SAMARINDA District Court 289/Pid.B/LH/2020/PN Smr	Article 158 of Law No.4/2009	Ten years and a fine of IDR 10 billion	Three years of imprisonment and a fine of IDR 1 billion	Two years of imprisonment and a fine of IDR 1 billion
UNAHA District Court Number 101/Pid.Sus/2015/PN Unh	Article 158 of Law No.4/2009		Three years of imprisonment and a fine of IDR 1 billion	Imprisonment of two years and six months and a fine of IDR 1 billion
SAMARINDA District Court Number 388/Pid.B/2018/PN Smr	Article 158 of Law No.4/2009		Three years of imprisonment and a fine of IDR 1 billion	Three years of imprisonment and a fine of IDR 1 billion
PONTIANAK High Court Number 12/PID.B/LH/2021/PT PTK	Article 158 of Law No.4/2009		Imprisonment of one year and six months and a fine of IDR 100 million	One year of imprisonment and a fine of IDR 100 million
SUNGAI LIAT District Court Number 237/Pid.Sus/2017/PN Sgl	Article 158 of Law No.4/2009		Four months of imprisonment and a fine of IDR 1 million	Imprisonment of one year and ten months and a fine of IDR 5 million
JAMBI High Court Number 49/PID SUS/2020/PT JMB	Article 158 of Law No.4/2009		Eight years of imprisonment and a fine of IDR 500 million	Four years of imprisonment and a fine of IDR 500 million

Source: https://putusan3.mahkamahagung.go.id. Accessed on March 10, 2023.

Data availability statement

The data that support the findings of this study are available on request from the corresponding author, AR. The data are not publicly available due to their containing information that could compromise the privacy of research participants.