The Role of the Police in Combating the Criminal Act of Theft with Justice-Based Aggregation

Abstract

From various news reports in the mass media, both electronic and print media, news about theft, especially theft with violence attracts attention, disturbs the sense of security and raises questions in the community about what the government, especially the security forces, have done to suppress this crime of theft with violence. The Indonesian National Police (POLRI) is the only agency given authority and responsibility by law, to each POLRI member individually without differentiating rank and position is given full authority to enforce the law as an effort to prevent and take legal action against all criminal acts. As a unit in criminal policy and in essence is an integral part of social policy with the main objective of providing protection to the community in order to achieve shared prosperity. In relation to the above matters, Regarding the author's aim in studying this discussion, namely to find out, to analyze the role of the police in dealing with the crime of aggravated theft at the Bintan Police and the weaknesses of the police role in dealing with the crime of aggravated theft at the Bintan Police. This research method usesThe approach used is a Qualitative Approach. The main focus is to analyze the law in a social or practical context (law in action), not just legal texts (law in books). The nature of this research is Descriptive Analytical, namely describing in depth how the role of the Police is implemented in the practice of handling cases of Aggravated Theft (Curat), especially those related to discretion and the application of Restorative Justice, then analyzing the empirical data with a normative legal framework and theory. The research results show that: 1. The Bintan Police Department plays a dual role, namely as a Law Enforcer (carrying out pro justitia functions in accordance with the Criminal Procedure Code) and as a Restorative Justice Facilitator (prioritizing mediation). The application of Restorative Justice (RJ) in the crime of Aggravated Theft (Curat) is selective and discretionary; generally it can only be applied in cases of Curat where the loss is relatively minor, there is a kinship relationship between the victim and the perpetrator, and the perpetrator is not a professional recidivist. The implementation of RJ is based on internal Police Regulations (Perpol), which permit police discretion, but its implementation is highly dependent on a sincere peace agreement between the Victim and the Perpetrator. 2. Normatively, Curat is an ordinary crime and is classified as a serious (heavy) crime by law, so it is often considered not to meet the absolute requirements for RJ, which requires approval from the leadership and strict consideration. Limited specialized training for investigators/investigators in effective mediation techniques and the philosophy of restorative justice in depth, the persistence of doubt or distrust from victims and the community towards the RJ process, because they believe that theft must be punished as severely as possible. The pressure of case resolution (achievement targets) and potential legal risks (counterclaims) for investigators who apply inappropriate RJ discretion.