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VOL. 10, ISSUE 1 (2024)
Analysis of law enforcement against vigilante crimes (Eigenrichting) according to the KUHP perspective
Authors
Muhammad Fadhil, Dahlan, Muhammad Ya’kub Aiyub Kadir
Abstract
The State of Indonesia is a State of Law based on Article 1 paragraph
(3) of the 1945 Constitution of the Republic of Indonesia, so everything takes
place in accordance with applicable regulations, including the act of taking
the law into its own hands. Vigilante (Engenrichting) is an act of
arbitrariness by an individual or a group of people by committing violence or
persecution against a person suspected of committing a crime without going
through a legal process. Law enforcement against acts of violence and persecution
that meet criminal elements must be processed in accordance with applicable
legal provisions. Legal norms actually function as guidelines for legal
relations in the life of society and the state. However, in reality, law
enforcement against acts of vigilante justice that meet the elements of Article
170 or Article 351 of the Criminal Code does not reflect Law Enforcement. The
researcher used a normative juridical research method using secondary data and
primary data by interviewing two legal experts as additional data. The results
of the study explain (1) Law enforcement against vigilante actions that meet
the elements of Article 170 of the Criminal Code regarding violence or Article
351 of the Criminal Code regarding persecution must be processed in accordance
with applicable legal rules in order to create law enforcement and legal
certainty and justice for the victims. (2) The legal consequences of taking
vigilante action have resulted in the law not running properly and
contradicting the theory of the rule of law that exists in Indonesia. Playing
vigilantes can harm victims who suffer minor or serious injuries, physical
disabilities, mental disorders and death, so it is necessary to increase legal
awareness in the community so that people understand their rights and
obligations, and law enforcement officers must improve law enforcement
performance in order to realize law enforcement. what society wants.
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Pages:106-108
How to cite this article:
Muhammad Fadhil, Dahlan, Muhammad Ya’kub Aiyub Kadir "Analysis of law enforcement against vigilante crimes (<i>Eigenrichting</i>) according to the KUHP perspective". International Journal of Law, Vol 10, Issue 1, 2024, Pages 106-108
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