Peran Polri dalam Menanggulangi Tindak Pidana Pencurian Kelapa Sawit Ditinjau dari Kebijakan Kriminal (Criminal Policy) (Studi di Wilayah Hukum Polres Asahan)

Abstract

One of crime or violation is thieving. Thieving of oil palm is a crime that harm to safety and orderliness of the community. The legal apparatus has made various efforts to copy with the thieving, however, in fact, the case of thieving still .frequently occurs. The problem of the present study is how tackle the thieving viewed in terms of criminal policy and the role of Police in tackling the criminal act of thieving oil palm in the legal region of Asahan Resort Police based on the criminal policy and what factors that are challenges and even the efforts made by the police to anticipate it. To response the problem, a juridical normative and juridical sociologic study has been made. The sources of data included primary, secondary and tertiary ones. The primary data was collected by field research by interviewing the informants such as polices, the arrested criminal actors, agriculture party whereas the secondary data was carried out by library research. The result of the study showed that the role of police in on tackling the thieving case is based on G. Pieter Hoefnages 's theory of criminal policy using penal and non penal approaches. The non penal approach was implemented by preventive and preemptive methods (such as community policing concept and consultation) whereas with the penal approach, the role of the police included in pre-adjudication and post-adjudication. The challenging factors of tackling the thieving crime of oil palm included the legal apparatus and legal culture of the community. The solution is to improve performance of the legal apparatus and legal culture of the community. Based on the result of the study, it is suggested to implement the integral policy of police for tackling the thieving crime of oil palm, improving the role of the community to participate actively in tackling the crime and revision of the Criminal Code (KUHP) particularly in the case of thieving by including the thieving of agricultural plants.