Problems in the Application of Fines for Unlicensed Mining after the Amendment of the Mineral and Coal Law in Indonesia

The purpose of this study is to analyze the problematic threat of criminal fines in the amendment of the Law on Mineral and Coal. One of the striking things in the amendment of the Law on Mineral and Coal is the change in the threat of criminal sanctions against unlicensed mining actors, from the original maximum imprisonment of 10 years to 5 years, and a maximum fine of 10 billion rupiah to 100 billion rupiah.This paper examines the regulation and its application in practice. This paper conducts doctrinal research and compares a number of judicial decisions. From the research, it is known that there are many decisions that impose light fines and there are also some decisions that impose heavy fines but are accompanied by very light substitute imprisonment. From a number of existing decisions, it can be seen that the regulation of such high fines in the law does not guarantee effectiveness in law enforcement as well as creating injustice. With such condition, the purpose of punishment cannot be achieved properly. There are a number of alternatives to solve the problem.