PERTANGGUNGJAWAPAN PIDANA TERHADAP PELAKU SEMEN LEVEN(KUMPUL KEBO DITANJUNGPINANG TAHUN 2020)

Abstrak

As for criminal liability against the perpetrators of cohabitation in positive criminal
law, it can be criminalized with the rules regarding adultery, namely in article 284
paragraph (1) KUHP of the Criminal Code, this is based on the complaint offense,
while the results of this study are based on the explanations obtained from the Satpol PP
Tanjungpinang City as the apparatus responsible for the crime. To carry out public
order, the This study discusses the Criminal Liability Against the Actors of Samen Leven
(Kumpul Kebo) in Tanjungpinang City in 2020. The Tanjungpinang City as the research
locus because based on data obtained from observations found several cases of
cohabitation that occurred in Tanjungpinang City within the Satpol PP work
environment at the time. to control the ills of society. A triangulation approach was
used in this study where data were collected through observation, documentation and
interviews with selected informants. The purpose of this study is to describe the form
and inhibiting factors of criminal liability against the perpetrators of Samen Laven
"Kumpul Kebo" which occurred in Tanjungpinang City. In this case, cohabitation is
seen by most of the Indonesian people as a disgraceful act and includes a crime KUHP,
but in the current Criminal Code cases of cohabitation that occur in Indonesia
sometimes investigators use article 284 KUHP of the Criminal Code regarding adultery
in ensnaring the perpetratorsof cohabitation. Juridically positive law, in several cases
of cohabitation that occurred in Indonesia, actually law enforcement officers in terms of
investigators have difficulty in finding a solution, because there is not a single article in
the KUHP Criminal Code that regulates this matter. responsibility of the perpetrator in
the case of gathering together is only limited to giving written sanctions in the form of
signing a letter of agreement not to commit the act and if the perpetrator repeats it, he is
given a light criminal sanction. This is an obstacle in overcoming criminalresponsibility
for the perpetrators of gathering together to be punished based on positive criminal law
based on the existence of a complaint offense.