PENERAPAN PIDANA TERHADAP PELAKU USAHA PENYEDIAAN TENAGA LISTRIK TANPA MEMILIKI IZIN OPERASI (Studi Perkara Nomor 317/Pid.Sus/2018/PN.Bjm)

Abstract

ABSTRACK

The business of supplying electricity for public purposes does not have an Operation Permit regulated in Article 49 paragraph (2) of Law Number 30 Year 2009 concerning Electricity. Case Number 317 / Pid.Sus / 2018 / PN.Bjm Defendant I has been found guilty of violating Article 49 paragraph (2) with the provision of a criminal fine of Rp 10,000,000.00 (ten million rupiahs) if it is not paid it is replaced by a confinement sentence for 2 (two months. Formulation of the problem: (1) How is the application of the crime against the electricity supply business actor who does not have an Operating License in Case Number 317 / Pid.Sus / 2018 / PN.Bjm? (2) How is the judge's consideration in determining criminal sanctions against electricity supply business actors who do not have an Operating License in Case Number 317 / Pid.Sus / 2018 / PN.Bjm? The type of research used is normative juridical research. Data sources are secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques are through document study with qualitative data analysis. Conclusions of the result of the study are: (1) The application of a criminal act against an electricity supply business actor who does not have an Operating License, all elements of the crime have been fulfilled by the defendant (2) Judge's considerations in applying criminal sanctions against the criminal offense of supplying electric power that do not have a license The operation is based on the statements of witnesses, expert statements, statements of the defendant and evidence which are important elements.

Keywords: Application, criminal, Electric Power, Permit