Ius Poenale (Aug 2023)

Legal Paradox: Protection of Victims Taking the Law into Vigilantism

  • Septhian Eka Adiyatma

DOI
https://doi.org/10.25041/ip.v4i2.3004
Journal volume & issue
Vol. 4, no. 2
pp. 105 – 124

Abstract

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Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which does not have specific rules regarding vigilante acts. Due to anxiety and distrust of law enforcement agencies, vigilantism is becoming increasingly common. Through normative studies using both the old and newest Criminal Codes and other regulations as internal parameters, we can understand the seriousness of the government's role as a stakeholder in regulating society through the law. By combining various sociological approaches, research can thoroughly investigate the condition of society. The discussion begins with understanding the concept of vigilantism, legal protection, and legal assistance, forming a pattern of thinking about society, followed by an understanding of the rule of law that overshadows vigilante actions from both the perpetrator and victim's perspective. With the hope that basic individual rights are maintained in the Indonesian state with the Pancasila ideology, the law aims to establish public order with a general perspective to achieve the necessary justice. This requires understanding and support from all parties. In essence, future efforts must be preventive and repressive.

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