Disparity Of Criminal Offense Against Perpetrators Who Jointly Carry Out Eigenrichting (vigilantism) That Causes Death (study Of Kupang District Court Decision No. 72/Pid.B/2016/PN.KPG)
The Disparity of Criminal Offenses Against Perpetrators Who Jointly Carry Out Eigenrichting (Vigilantism) That Causes Death: A Study of Kupang District Court Decision No. 72/Pid.B/2016/PN.KPG
Introduction
The phenomenon of vigilantism, or Eigenrichting, has been a growing concern in various parts of the world, including Indonesia. This phenomenon refers to the act of individuals or groups taking the law into their own hands, often resulting in violence and even death. A concrete example of this can be seen in the decision of the Kupang District Court No. 72/PID.B/2016/PN.KPG, where a number of perpetrators committed violence that led to death. In this incident, criminal imposition was carried out differently for each perpetrator, which invited debate regarding the disparity of punishment and justice.
Understanding Eigenrichting and Vigilantism
Eigenrichting, or vigilantism, is a complex phenomenon that involves individuals or groups taking the law into their own hands. This can be driven by various factors, including personal motivations, social, economic, and cultural conditions. In the context of Indonesia, the regulation related to vigilantism is listed in the Criminal Code (KUHP) Article 170 paragraph (2), which explains sanctions for the perpetrators. However, social dynamics that trigger this action must be recognized as an important factor that requires more attention.
The Disparity of Criminal Offenses
Criminal disparity arises when the judge sends a different sentence to the perpetrators involved in the same crime, influenced by their respective roles in these actions. This is a form of judge's discretion and reflects how the values of justice, wisdom, and social sensitivity are integrated in the justice system. The integrity of the judge as a court that represents the values of society is very important, as regulated in the judge's professional code of ethics.
In the case of the Kupang District Court Decision No. 72/PID.B/2016/PN.KPG, the judge imposed different sentences on the perpetrators involved in the same crime. This disparity in sentencing has sparked debate regarding the fairness and justice of the system. The question remains, what factors influenced the judge's decision to impose different sentences on the perpetrators?
Factors Influencing the Judge's Decision
The judge's decision to impose different sentences on the perpetrators was influenced by various factors, including the role of each perpetrator in the incident. The analysis of the data collected through literature studies and qualitative analysis revealed that the judge considered the factors that were burdensome and alleviating against each defendant. This suggests that the judge's decision was influenced by a combination of factors, including the perpetrator's role, the severity of the crime, and the social and cultural context of the incident.
The Importance of Understanding the Root Cause of Vigilantism
The regulation related to vigilantism is listed in the Criminal Code (KUHP) Article 170 paragraph (2), which explains sanctions for the perpetrators. However, social dynamics that trigger this action must be recognized as an important factor that requires more attention. Factors causing vigilant actions themselves can be divided into two categories: internal and external factors. Internal factors are related to the personal motivation of the perpetrators, such as anger or a desire to maintain honor. While external factors include social, economic, and cultural conditions that affect individual behavior in certain environments.
In this context, it is essential to dig deeper about the root of the cause of public dissatisfaction with the existing legal system. Understanding the root cause of vigilantism can help policymakers and legal practitioners to develop more effective strategies to prevent and address this phenomenon.
Conclusion
The disparity in criminal offenses for eigenrichting perpetrators that cause death not only reflects the complexity of the law but also various basic social aspects. Therefore, it is essential for policymakers and legal practitioners to continue to evaluate and improve the justice system to be more responsive to the values of justice adopted by the community. By understanding the root cause of vigilantism and addressing the social dynamics that trigger this action, we can work towards creating a more just and equitable society.
Recommendations
Based on the findings of this study, the following recommendations are made:
- Improve the justice system: The justice system should be improved to be more responsive to the values of justice adopted by the community.
- Address social dynamics: Social dynamics that trigger vigilantism must be recognized as an important factor that requires more attention.
- Develop effective strategies: Policymakers and legal practitioners should develop more effective strategies to prevent and address vigilantism.
- Increase public awareness: Public awareness about the regulation related to vigilantism and the importance of respecting the law should be increased.
By implementing these recommendations, we can work towards creating a more just and equitable society where the rule of law is respected and enforced.
Frequently Asked Questions (FAQs) About Eigenrichting and Vigilantism
Q: What is Eigenrichting?
A: Eigenrichting, or vigilantism, is a phenomenon where individuals or groups take the law into their own hands, often resulting in violence and even death.
Q: What is the regulation related to vigilantism in Indonesia?
A: The regulation related to vigilantism is listed in the Criminal Code (KUHP) Article 170 paragraph (2), which explains sanctions for the perpetrators.
Q: What are the factors that influence the judge's decision to impose different sentences on the perpetrators?
A: The judge's decision to impose different sentences on the perpetrators was influenced by various factors, including the role of each perpetrator in the incident, the severity of the crime, and the social and cultural context of the incident.
Q: What are the internal and external factors that cause vigilant actions?
A: Internal factors are related to the personal motivation of the perpetrators, such as anger or a desire to maintain honor. While external factors include social, economic, and cultural conditions that affect individual behavior in certain environments.
Q: Why is it essential to understand the root cause of vigilantism?
A: Understanding the root cause of vigilantism can help policymakers and legal practitioners to develop more effective strategies to prevent and address this phenomenon.
Q: What are the recommendations to address vigilantism?
A: The following recommendations are made:
- Improve the justice system: The justice system should be improved to be more responsive to the values of justice adopted by the community.
- Address social dynamics: Social dynamics that trigger vigilantism must be recognized as an important factor that requires more attention.
- Develop effective strategies: Policymakers and legal practitioners should develop more effective strategies to prevent and address vigilantism.
- Increase public awareness: Public awareness about the regulation related to vigilantism and the importance of respecting the law should be increased.
Q: What is the significance of the Kupang District Court Decision No. 72/PID.B/2016/PN.KPG?
A: The Kupang District Court Decision No. 72/PID.B/2016/PN.KPG is a significant case that highlights the disparity in criminal offenses for eigenrichting perpetrators that cause death. This case has sparked debate regarding the fairness and justice of the system.
Q: What can be done to prevent vigilantism?
A: To prevent vigilantism, it is essential to address the root cause of this phenomenon, which includes social, economic, and cultural conditions that affect individual behavior. Policymakers and legal practitioners should develop more effective strategies to prevent and address vigilantism.
Q: How can the public contribute to preventing vigilantism?
A: The public can contribute to preventing vigilantism by:
- Respecting the law: The public should respect the law and not take the law into their own hands.
- Reporting incidents: The public should report incidents of vigilantism to the authorities.
- Supporting the justice system: The public should support the justice system and its efforts to address vigilantism.
By understanding the root cause of vigilantism and addressing the social dynamics that trigger this action, we can work towards creating a more just and equitable society where the rule of law is respected and enforced.