Penyelesaian Tindak Pidana Ringan Pencurian Hasil Kebun Kelapa Sawit pada Kebun Tambunan A – USU (Studi pada Kepolisian Sektor Salapian)

Abstract

Regulation of the Supreme Court of the Republic of Indonesia No. 02 of 2012 concerning Adjustment of Limits for Minor Crimes and Amount of Fines in the Criminal Code, may override efforts to arrest perpetrators of theft whose evidence is below Rp. 2.5 million. The theft of the garden produces a loss of less than Rp. 2.5 million, based on the Regulation of the National Police Chief No. 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, of course, there will be peace efforts with a restorative justice approach between plantation management and perpetrators. However, if Article 55 jo. Article 107 letter d of Law no. 39 of 2014 concerning Plantations, it will be very unfair for the perpetrators of theft of plantation products who are doing it for the first time and the loss does not reach Rp. 2.5 million. Because there is a threat of imprisonment for a maximum of 4 years and a maximum fine of Rp. 4 billion. Therefore, the settlement of cases by applying restorative justice cannot be applied. Problems: Adjustment of the limit of the tipping against the crime of theft of garden products; Settlement of the theft case at the USU Tambunan A Experimental Garden with a restorative justice approach; and obstacles and efforts in resolving the theft case at the USU Tambunan A Experimental Garden with a restorative justice approach. This research is normative legal research that is descriptive analysis. The approach to legislation is used with the support of data sourced from secondary data and primary data to strengthen the legal arguments that are built. Data collection techniques used literature and field study techniques to the A-USU Tambunan Gardens and the Salapian Sector Police, with tools in the form of documentary studies and in-depth interviews with the Garden Security and Order Coordinator and Police Officers. The results of the study: 1) The regulation of criminal acts of theft is generally regulated in the Criminal Code. The crime of theft of garden products is regulated in Article 55 letter d jo. Article 107 of Law no. 39 of 2014 concerning Plantations. These two arrangements are different, but they are often used by the police to catch perpetrators of theft of plantation products; 2) Settlement of criminal cases of theft of garden produce using a restorative justice approach, can only be used if the value of the loss is below Rp. 2.5 million and not a repeat of the crime; 3) The most substantial structural and cultural obstacle is the weakness of law enforcement officials who cannot distinguish light theft from the theft of garden produce. The effort is that the Plantation Management always coordinates with the Salapian Police to provide an understanding of the theft that occurs in garden products in the garden area. In addition, there is a misunderstanding that develops in the community, that stealing is not arrested. The effort is to set an example for the perpetrators of theft of garden produce to be seen by the public, using the Plantation Law, so that the perpetrators can be arrested.