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This study examines the critical role of expert opinions from the Ministry of Energy and Mineral Resources (ESDM) during the investigation phase in uncovering gold mining without permit (PETI) crimes under Article 120 of the Indonesian Criminal Procedure Code (KUHAP) in West Kalimantan. The research employs a normative-empirical approach, analyzing legal provisions, government reports, and judicial practices to assess how ESDM experts contribute to establishing the material truth of PETI cases. Findings reveal that expert opinions are indispensable for verifying the absence of permits, assessing environmental damage, and quantifying state losses, thereby strengthening evidentiary frameworks for prosecutors and judges. However, challenges persist, including coordination gaps between law enforcement and ESDM, insufficient technical capacity among investigators, and potential threats to expert independence. The study concludes that optimizing the use of ESDM expertise is not merely procedural but strategic for effective, accountable, and just enforcement against PETI, which remains a significant threat to national resource sovereignty and environmental sustainability.

Illegal mining activities in Sebulu District have become a serious issue as they not only violate the law but also cause significant damage to public infrastructure such as village roads, bridges, and drainage systems, which are deteriorating due to heavy trucks transporting mining materials. Although Article 158 of Law Number 3 of 2020 concerning Mineral and Coal Mining stipulates strict sanctions, law enforcement remains weak. The main contributing factors are local community involvement, inadequate supervision by authorities, and social legitimacy that perceives mining as a normal activity. This study aims to analyze criminal liability for illegal mining offenders and to identify its social and environmental impacts in Sebulu District. The research applies a socio-legal approach that combines normative and empirical methods. The normative approach examines applicable legal provisions, while the empirical approach includes field observations, interviews with local officials and residents, and documentation of relevant regulations and events. The findings indicate that the most severe impacts are the deterioration of village roads and bridges and environmental degradation, such as changes in water color in nearby drainage channels. These conditions cause public concern and disrupt daily life. Weak law enforcement allows illegal mining to persist. Therefore, synergy among law enforcers, local government, and communities is needed to strengthen regulation enforcement and develop sustainable economic alternatives.

Criminal provisions in a statutory regulation are certain doses or remedies as a means of achieving the formulated goals. The purpose of this article is to examine and analyze the inconsistency of the material content of the criminal provisions against the formulation of the objectives of legal certainty in the Law of the Republic of Indonesia No. 3 of 2020 concerning Mineral and Coal Mining. The research method uses a normative juridical method. Secondary data in the form of primary legal data on laws and regulations related to the criminal provisions of the Minerba Law is elaborated so that the adequacy of the content of the criminal provisions is able to test the clarity of the objectives of legal certainty. The results found that there were inconsistencies in criminal provisions as a means of achieving goals in the formulation of guaranteeing legal certainty. The application of Article 162 of the Mineral and Coal Law is subjective and tends to criminalize members of the community around mineral and coal mining. This fact proves that the objective of legal certainty is objective, ambiguous with subjective criminal means. The main article of criminal provisions in the Minerba Law is Article 158 which is systematically constructed with Article 35. Basically, the criminal provisions are used as the legal regime for licensing in the strategies and techniques of government control and control in the mineral and coal sector.