ANALISIS PERMASALAHAN KEKABURAN FRASA “MERINTANGI ATAU MENGGANGGU KEGIATAN USAHA PERTAMBANGAN” DALAM PASAL 162 UNDANG - UNDANG PERTAMBANGAN MINERAL DAN BATUBARA

This thesis analyzes the problem of the ambiguity of the phrase “obstructing or disturbing mining business activities” in Article 162 of the Mineral and Coal Mining Law (UU Minerba). The research aims to identify how this phrase fails to meet the principle of legal certainty (lex certa) and to provide a solution for reformulating the article to align with the principles of good legislative drafting. Using a normative legal research method with a descriptive-analytical approach, the main findings indicate that the phrase is subject to multiple interpretations and has the potential to criminalize the constitutional rights of the public, such as freedom of expression, which should be protected. This ambiguity also creates a legal imbalance that favors business actors and suppresses civil society, contrary to the principle of legal protection hierarchy that prioritizes the public. The proposed reformulation replaces the ambiguous phrase with more specific terms and adds an explicit exclusion clause to protect legitimate public activities.