Criminal Law Policy in an Efforts to Overcome Criminal Act of Accepting

Abstract

The crime of receiving stolen property is a form of crime against property that plays a crucial role in strengthening the chain of crime. Without a party willing to buy or sell the proceeds of crime, the economic motivation of perpetrators of predicate crimes, such as theft, is reduced. However, current criminal law policies remain partial and tend to be repressive, focusing more on punishing perpetrators after the crime has occurred.The author formulated 2 (two) things, namely: (1) criminal law policy in efforts to overcome the crime of receiving money in the positive law that is currently in force, and (2) updating the criminal law policy regarding the crime of receiving money as regulated in Law Number 1 of 2023 concerning the Criminal Code (KUHP). This research uses a normative juridical approach. Based on the research results, it was found thatshows that the regulation of the crime of receiving money in Article 480 of the Criminal Code still has weaknesses, particularly in the element of "knowing or reasonably suspecting" which is difficult to prove, and is unable to anticipate technology-based crime methods. Meanwhile, Law Number 1 of 2023 concerning the Criminal Code (KUHP) shows a direction for reform by expanding the formulation of the crime of receiving money, clarifying the element of guilt, and adjusting the penalty to be more proportional. Therefore, an integrative criminal law policy is needed between penal and non-penal approaches, so that efforts to overcome the crime of receiving money are not only oriented towards revenge, but also include prevention, legal education, and community protection.