William G.S. Simangunsong
Fakultas Hukum, Universitas Mulawarman

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Main Hakim Sendiri terhadap Terduga Pelaku Pencurian Ayam di Tabanan: Perspektif Hukum dan HAM William G.S. Simangunsong; Ahmad Shadiq Fauzan; Chiko Sulthan Qodria; Aryo Subroto
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 4 No. 2 (2026)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.4.i.2.p.176-191.2026

Abstract

Vigilante justice is a law enforcement problem that arises when members of society take over the authority to determine guilt and impose punishment on individuals suspected of committing criminal offences. This problem can be seen in the case of a mob attack against KD, a suspected chicken thief in Tabanan, Bali, who died after being assaulted by a group of residents. This study aims to examine the practice of vigilante justice from the perspective of law and human rights, identify the juridical and social factors underlying its occurrence, and formulate measures to prevent similar incidents. This research uses a normative juridical method with statutory, conceptual, and case approaches. The legal materials consist of legislation, human rights instruments, academic journals, books, and relevant news reports concerning the case. The findings show that the assault against KD constituted an act in which members of society took over the function of law enforcement and was contrary to the right to life, the presumption of innocence, and the principle of due process of law. The occurrence of vigilante justice was also influenced by several interconnected factors, including the suspect's criminal record, public concerns over repeated chicken theft, perceptions of ineffective law enforcement, the use of kulkul bulus as a traditional means of community communication, and the influence of digital spaces. Prevention requires consistent law enforcement, efforts to prevent recidivism, stronger rehabilitation and reintegration mechanisms, and continuous legal and human rights education. Law enforcement agencies should also strengthen pre-emptive, preventive, and repressive measures, while society may participate in maintaining security without assuming the authority to punish suspected offenders.