CRIMINAL RESPONSIBILITY OF MASS OFFENDERS FOR ACTS OF GOING TO JUSTICE ( EIGENRICHTING ) AGAINST PERFORMERS OF THE CRIME OF THEFT BASED ON THE CRIMINAL LAW BOOK (KUHP)

Abstract

Judging the perpetrators of criminal acts yourself is not the right way, but is a violation of human rights and has made a negative contribution to the law enforcement process. Therefore, it is very interesting and important to study further about how criminal liability is regulated for acts of taking the law into your own hands (eigenrechting) against perpetrators of criminal acts of theft based on the Criminal Code? and is the act of taking the law into your own hands (eigenrichting) against the perpetrator of the crime of theft punishable? To answer these problems, normative juridical legal research methods are used with statutory and conceptual regulatory approaches. Data obtained from primary, secondary and tertiary legal material sources were collected and then analyzed using qualitative data analysis techniques. From the research results, it was found that the regulation of criminal offenses in the form of vigilante action according to the Criminal Code is regulated in Article 170, Article 351, Article 406 and Article 338. The qualification for the offense of vigilante action (eigenrichting) which results in fatalities in criminal law is that the act has been fulfill all the elements of the indictment in Article 170. Depends on fulfilling the elements of Article 170 of the Criminal Code or Article 262 of Law Number 1 of 2023 concerning the Criminal Code as well as Article 351 of the Criminal Code or Article 466 of Law 1/2023 concerning abuse. So, victims of vigilantism can report to the authorities.