Analisis Yuridis terhadap Pencurian Hasil Kebun Kelapa Sawit Rakyat Setelah Terbitnya Peraturan Mahkamah Agung (Perma) No. 2 Tahun 2012 di Wilayah Hukum Polsek Hinai Kabupaten Langkat

Abstract

Theirise of criminal acts of theft of oil palm plantations is mainly due to law enforcement that is not firm in the sense that it cannot have a deterrent effect on perpetrators of criminal acts. This is because many of the theft cases have a value of less than Rp. 2,500,000, so it is considered a minor crime. This causes people who have lost most of their livelihoods to feel frustrated, causing some people to lose their minds by taking vigilante actions. Basedionithis, ithe formulationiof theiproblem inithisistudy: 1) What areithe legalirulesiregarding theftiafter theiissuance ofiPermaiNo. i2 ofi2012 iniIndonesia. 2) How to steal people's oil palm plantations afterithe issuanceiof PermaiNo. i2 ofi2012 inithe Legal Area of Hinai Police, Langkat Regency. 3) How to prevent the loss of smallholder oil palm plantations due to theft of plantation produce which is categorized as a minor crime. The research method used is descriptive method, whileithe dataianalysis techniqueiusesiqualitative. Theiresults ofithe studyishow thatithe legai regulations regarding light theft afterithe issuance ofiPerma Number i2 ofi2012 in Indonesia are increasingly less strict. This is because the criminal threaiin Articlei364iof theiCriminaliCode, which is only 3 months old, means that suspects or defendants of minor crimes cannot be subject to detention, and the examination procedure used is a quick examination procedure. Ifireferring toithe provisionsiin theiCriminal Codeiand PermaiNo. 2iof 2012iconcerningithe limitsiof adjustmeni for minoricrimes, thenithe actiis categorizedias aiminor crimeiHowever, ifithe Plantation Lawiisiused, theiperpetratoriof aicrimeiwillibe subjectito aithreatiof 4iyears iniprison. Theipolice asilaw enforceri basicallyido notiagree withithe issuanceiof PermaiNo. i2 ofi2012. Theftiof people'sioilipalm plantationsiafter theiissuance ofiPerma No. i2 ofi2012 initheiLegal Territory of the Hinai Police, Langkat Regency, has long been a concern considering the losses caused to oil palm farmers. However, the handling of the perpetrators of the theft of people's garden products tends to be done by mediating, namely seeking so that the victims of theft can get proper compensation for the crops stolen by the perpetrators. The ways that can be done to prevent losses to oil palm plantation farmers due to the theft of their plantation products are: excluding the theft of people's plantation products from minor crimes by implementing the Plantation Law, carrying out strict law enforcement against gardeners who have been harmed by ninja, and urging the farming community to supervise their gardens more by collaborating among farming communities to narrow the space for thieves. Itiis recommendedithat the governmenti needs to make a special policy for legal protection for oil palm farming communities, by making an exception for the crime of harvesting and collecting (theft) garden products from minor theft, so that all forms of theft of plantation products can only be punished by the Plantation Law. The police need to appoint officials who have high integrity. The police need to urge oil palm farmers to cooperate with each other to supervise their plantations so that the space for thieves is narrower. Meanwhile, the perpetrators who have committed theft repeatedly need strict law enforcement so as not to harm farmers.