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All Journal Jurnal Hukum dan Pendidikan Kewarganegaraan
Cinta Chantika
Program Studi Ilmu Hukum, Fakultas Ilmu Sosial dan Ilmu Politik, Universitas Maritim Raja Ali Haji
Law, Crime, Criminology & Criminal Justice

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Vigilantisme dalam Fenomena Boti Hunter: Perspektif Hak Asasi Manusia dan Pertanggungjawaban Pidana Cinta Chantika; Mahmed Al Fateh; Muhammad Syaifudin Amin
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 3 No. 1 (2026): Oktober - Desember
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The Boti Hunter phenomenon, which drew public attention in Indonesia in July 2026, involves groups that reportedly pursue, expel, and allegedly attack individuals they label as boti outside any lawful enforcement mechanism. This study examines the phenomenon from a human rights perspective and determines how criminal liability for violence or other unlawful acts within it should be constructed under Indonesian law. It is normative legal research that uses the statute approach and the conceptual approach. The primary legal materials consist of statutory regulations, while the secondary materials consist of journal articles and news reports, the latter treated as factual information that has not been tested in court. The study finds that the reported conduct, if proven, touches the rights to security, dignity, equality before the law, and freedom from degrading treatment, and that the state bears a duty to protect individuals from violence committed by private actors. Vigilantism is not a separate criminal offence. Criminal liability must therefore be directed at concrete acts, including those regulated in Articles 262 and 466 of Law Number 1 of 2023, by testing the elements of the offence, culpability, and the role of each person under the doctrine of participation. Human rights analysis and criminal liability are related, but they must not be conflated.
Co-Authors Mahmed Al Fateh Muhammad Syaifudin Amin