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VOL. 8, ISSUE 1 (2022)
Reconstruction of criminal liability regulations against land-object crimes based on justice value
Authors
Enand Hatorangan Daulay, Gunarto, Alpi Sahari
Abstract
The focus of this research study is to identify and analyze the weaknesses of the regulation of accountability for land object crimes, as well as to determine the reconstruction of criminal liability regulations against land object crimes based on the value of justice. This research is a normative-legal type of research that is used to examine the function of a norm that lays the law as an instrument that regulates and controls society. The approach used in this research is conceptual, a statute approach, a philosophical approach, and a comparative approach. The analysis used in this research is descriptive-qualitative. The results of the study indicate that the regulation of the responsibility for criminal acts of land objects has not been based on the value of justice because of the low criminal sanction given as stated in Article 385 of the Criminal Code, so law enforcement efforts against criminal acts of land objects, in this case, the Police as the front guard, receive complaints from the public as victims. crimes against land objects, to be transferred to court, but in practice, the threat of criminal penalties applied does not create a deterrent effect for perpetrators of crimes against land objects so that crimes against land objects often occur repeatedly. The Police as law enforcement officers related to problem-solving sometimes carry out restorative justice efforts, namely the settlement of minor criminal cases carried out by investigators at the investigation stage, by involving the perpetrators, victims, families of perpetrators/victims, and related community leaders to jointly seek solutions. and the government must reform punishment as a form of the reconstruction as a form of reforming criminal law, it is necessary to have the role of the government together with the legislature in making a policy or called legal politics because the essence of law is basically a political statement from the government that is poured into a norm. And the government must overcome obstacles in law enforcement by accommodating the needs of law enforcement, namely the National Police as the front guard who initiates a law enforcement process on public complaints in this case crimes against land objects.
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Pages:95-101
How to cite this article:
Enand Hatorangan Daulay, Gunarto, Alpi Sahari "Reconstruction of criminal liability regulations against land-object crimes based on justice value ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 95-101
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