KAJIAN YURIDIS PERTIMBANGAN HUKUM HAKIM DALAM PUTUSAN BEBAS (VRIJSPRAAK) PELAKU PERTAMBANGAN TANPA IZIN DITINJAU DARI ASPEK KEPASTIAN HUKUM (Studi Putusan Nomor 178/Pid.Sus/2022/PN Gto)

Illegal mining is a criminal act by conducting mining activities without a permit from the Government. The rise of illegal mining criminal activities certainly has a domino effect on state losses, the increasingly widespread sale of mining products on the black market, and even great environmental pollution and damage as a result of this mining activity. Criminal sanctions obtained if someone carries out illegal mining activities, whether it is accommodating, utilising, managing, or even selling mineral and / or coal resources that do not originate from legal permit holders, can be punished with 5 (Five) years imprisonment and a maximum fine of Rp. 100,000,000,000.00 (One Hundred Billion Rupiah). The purpose of this study is to examine the ratio decidendi of a judge to impose a verdict acquitting the defendants of all charges of the Public Prosecutor in decision number 178/Pid.Sus/2022/PN Gto in accordance with the provisions of the Law. In this research the author uses a normative research method using a case analysis approach, in this case examining a court decision and sourcing primary, secondary and tertiary legal materials. The results of the author's analysis shows a weakness in the judge's legal reasoning, which leads to a less rational and subjective decision. So that the Panel of Judges is considered to have arbitrariness in their considerations because they ignore the facts, are not objective because there are differences between the facts and the judge's considerations. so that it does not guarantee legal certainty in accordance with the applicable laws and regulations.