ILLEGAL MINING ACTIVITIES BY PT TAMBANG MAS SANGIHE (PT TMS) IN THE SANGIHE ISLANDS AFTER THE DECISION OF THE MANADO ADMINISTRATIVE COURT NO. 57 /G/LH/2021/PTUN.Mdo

Abstract

A gold mining company, namely PT TMS carried out illegal activities contrary to the Manado Administrative Court Decision No. 57/G/LH/2021/PTUN. Mdo. that is still running mining activities in the Sangihe Island even though in the decision No. 57/G/LH/2021/PTUN, stated the Postponement Determination of the Decree issuance by DPMPTSP of North Sulawesi Province No. 503/DPMPTSPD/IL/IX/2020 regarding Environmental Permits for PT. TMS until this decision has permanent legal force, it means suspends all mining activities. Which if violated, will face sanctions in accordance with Art. 116 of Law 51/2009 as arranged in SEMA RI Number 2/1991 number VI.4 dated July 9, 1991, and the Decree of the KMA RI Number KMA/032/SSKK/IV/2006 letter H number 5.r dated April 4, 2006. Based on the preceding context, the issue raised in this study is how the significants of the SEMA RI Number 2/1991 number VI.4 dated July 9, 1991, and the Decree of the KMA RI Number KMA/032/SSKK/IV/2006 letter H number 5.r dated April 4, 2006 related to the decision issued by the Manado Administrative Court No. 57 /G/LH/2021/PTUN.Mdo and what sanctions should PT TMS receive after violating and ignoring the judge’s decision of the Manado Administrative Court. This undergraduate thesis uses normative juridical method by making the Manado Administrative Court Decision No. 57 /G/LH/2021/PTUN.Mdo as the object of study.