Yusuf Daeng
Lancang Kuning University, Pekanbaru, Indonesia

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RECONSTRUCTING MOBILE BRIGADE AUTHORITY IN LAW ENFORCEMENT OPERATIONS WITHIN ARMED CRIMINAL GROUP CONFLICT AREAS BASED ON LEGALITY AND HUMAN RIGHTS Amir Hasan A; Yusuf Daeng; Rudi Pardede
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.697

Abstract

The purpose of this study is to analyze the reconstruction of the authority of the Indonesian National Police Mobile Brigade in law enforcement operations in conflict-prone areas affected by armed criminal groups based on the principles of legality and human rights. The authority and assignment mechanisms of the Indonesian National Police Mobile Brigade Corps in efforts to restore regional security against armed criminal groups in conflict areas are analyzed. The method used is normative legal research. Based on the research results, it is known that the reconstruction of the authority of the Indonesian National Police Mobile Brigade in law enforcement operations in areas prone to armed criminal group conflicts based on the principles of legality and human rights is basically derived from the attribution authority granted by Law Number 2 of 2002 concerning the Indonesian National Police, specifically Article 13 and Article 14 which regulate the task of maintaining public security and order and law enforcement. However, these regulations are still general in nature and have not specifically regulated the authority of Brimob in dealing with armed criminal groups that have the characteristics of high-intensity threats, use modern weaponry, and apply guerrilla patterns that resemble non-international armed conflicts. This research found a legal vacuum and normative inconsistency that specifically regulates the definition of armed criminal groups, threat classification, limits of Brimob's authority, mechanisms for TNI involvement, operational command structures, standards for the use of force, and mechanisms for protecting human rights in security operations in conflict areas. Therefore, the reconstruction of Brimob's authority must be carried out through the creation of special regulations that place Brimob as the leading sector in law enforcement operations, clarify the TNI assistance mechanism, strengthen the principle of legality, and integrate human rights protection standards based on the principles of legality, necessity, proportionality, and accountability.
CONFLICT OF NORMS IN IMPLEMENTING FINES FOR CURRENT THEFT ELECTRICITY IN THE INDONESIAN LEGAL SYSTEM BASED ON THE PERSPECTIVE OF JUSTICE Buyung Ganti; Yusuf Daeng; Rudi Pardede
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this study is to analyze the legal provisions for the crime of electricity theft based on statutory regulations and to analyze the ideal concept of fines against companies committing electricity theft from a justice perspective. The method used is normative legal research. Based on the research results, it is known that the legal provisions for the crime of electricity theft based on statutory regulations are implemented through two mechanisms: an administrative or civil mechanism and a criminal mechanism. Administrative regulation is implemented through the Regulation of Electricity Usage (P2TL) which is based on Article 17 of the Regulation of the Minister of Energy and Mineral Resources Number 27 of 2017 as amended by the Regulation of the Minister of Energy and Mineral Resources Number 18 of 2019 and followed up through the Regulation of the Board of Directors of PT PLN (Persero) Number 028 of 2023 which has been ratified through the Decree of the Director General of Electricity Number 539.K / TL.04 / DJL.3 / 2023. In its implementation, PT PLN (Persero) has the authority to impose additional bills for violations of P1, P2, P3, and P4 as a form of recovery of losses due to unauthorized use of electricity. From a criminal aspect, the regulation of the crime of electricity theft is regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity which stipulates that anyone who uses electricity that is not their right in an unlawful manner is threatened with a maximum prison sentence of seven years and a maximum fine of Rp. 2,500,000,000.00. The enforcement of this criminal law is carried out by the Indonesian National Police and Civil Servant Investigators (PPNS), while the authority to impose criminal penalties rests with the court. Thus, the administrative process through P2TL and the criminal process are two different mechanisms, but both can be applied simultaneously to one incident of electricity theft because they have different legal objectives, namely recovering losses and providing a deterrent effect on the perpetrator. The ideal concept of fine sanctions against companies that commit the crime of electricity theft from a justice perspective is that they should no longer use the maximum fine criminal system as regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity. These provisions do not fully reflect the principle of justice because they do not differentiate between the amount of electricity used illegally, the amount of losses incurred, the profits obtained by the perpetrator, or the perpetrator's status as a household or business customer. Therefore, the ideal criminal fine regulation should be formulated based on the classification of the amount of electricity used, the amount of losses experienced by PT PLN (Persero), the amount of profit obtained by the perpetrator, and the level of culpability. Therefore,companies that illegally use large amounts of electricity and generate substantial profits may be subject to heavier fines than perpetrators with less serious violations.