Pertanggungjawaban Pidana Korporasi atas Pertambangan Tanpa Persetujuan Penggunaan Kawasan Hutan di Morowali

Abstract

Nickel mining in Morowali Regency, Central Sulawesi, highlights the importance of ensuring that mining activities conducted under valid mining licenses also comply with the legal requirements governing the use of forest areas. This study aims to analyze the legal framework governing mining activities conducted without Forest Area Use Approval (Persetujuan Penggunaan Kawasan Hutan or PPKH) and the legal construction of corporate criminal liability for alleged violations of these requirements in Morowali. This study employs normative legal research using statutory, conceptual, and case approaches. The analysis draws on legislation, scholarly literature, official government publications, and relevant court decisions. The findings indicate that a Mining Business License (Izin Usaha Pertambangan or IUP) and PPKH serve distinct legal functions and therefore cannot substitute for one another. The Ministry of Forestry's press release dated November 5, 2025, concerning a reported mining area disturbance covering 62.15 hectares within the IUP area of PT Bumi Morowali Utara provides a factual context for examining regulatory compliance; however, it does not constitute a judicial determination of criminal liability. Corporate criminal liability must be established through evidence concerning the legal status of the area, the nature and timing of the activities, the absence of the required approval, the connection between the conduct and the corporation's interests, and the respective roles of corporate officers and contractors.