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Abstract
On Sunday of August 2nd, 2015 in Tanjung Harapan highway, Semidang Gumay District of Kaur Regency there has been a vigilantism (Eigenrichting) in the form of destruction and burning of one (1) unit of car that carried out jointly by the community, but until the study was conducted, there has been no follow-up for perpetrators of the destruction and burning of the car, so it raises the question whether the actions taken by community in Tanjung Harapan Village cannot be prosecuted. The purpose of this study was to determine how the role of Police Apparatus in determining the responsibility of perpetrators for destruction and burning of the car. The results showed that the role of Police in determining the responsibility of perpetrators for destruction of goods conducted by community was as the investigators in that case, and must make a report of criminal acts as referred to Article 6 Paragraph (1) and Paragraph (2) of Head of the Indonesian Police (PERKAP) Number 12 of 2009, then these reports provide a basis for investigation in accordance with the provisions laid down in the Criminal Code. Police as investigators may use Article 406 Paragraph (1) and Article 170 of the Criminal Code as a chapter of suspicion in the investigation process against the destruction of goods conducted jointly by the members of the community in Tanjung Harapan Village of Kaur Regency.
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References
- Ade Saptomo, Principles of Empirical Nature Legal Research Methodology, Jakarta: Trisakti University, 2009.
- Juliansyah Noor, Research Methodology: Thesis, Dissertations, and Scientific Work, Jakarta: Kencana Publishers, 2017.
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References
Ade Saptomo, Principles of Empirical Nature Legal Research Methodology, Jakarta: Trisakti University, 2009.
Juliansyah Noor, Research Methodology: Thesis, Dissertations, and Scientific Work, Jakarta: Kencana Publishers, 2017.
I Made Pasek Diantha, Legal Research Methodology on Normative Legal Theory In Justification, Jakarta: Prenada Media Group, 2017.
Moeljatno, the draft Penal Code, Jakarta: Bumi Aksara, 2016.
Nicolaus Driyakarya, Complete Works of Driyakarya, Essays of the Philosophy of the Thoughtful Thinkers Involved in the Struggle of the People, Jakarta: Gramedia Pustaka Utama: 2006.
Rachmad Baro, Non-Doctrinal Legal Research Methods and Techniques Trend Use of Social Research in the Field of Law, Yogyakarta: Deepublish, 2016.
Solahudin, the draft of Criminal Law, Criminal Procedure, and the Civil Code (Penal Code, Criminal Procedure Code, and KUHPdt) Completed: Law No. 27 of 1999 on the Amendment the Criminal Law Relating to the Crimes against State Security, Jakarta: Transmedia Library, 2008.
States Nyoman Putra Jaya, aspects of criminal law against anarchy and vigilantism in the community, Regional Seminar of Police in Pekalongan on August 22nd, 2000, p. 1.
Team of Vision Yustisia, 3 Main Law Books of Indonesian Penal Code, Criminal Procedure Code, and Civil Code, Jakarta: Visimedia, 2014, p. 91,
W. Gulo, Research Methodology, Jakarta: Grasindo, 2002, p. 119.
Permanent Procedure of the Chief of Police of the Republic of Indonesia Number: PROTAP / 1 / X / 2010 dated October 8th, 2010 On Countermeasures Anarchy.