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BURNING POLSEK BY COMMUNITY IN CRIMINOLOGY PERSPECTIVE

(Study Polsek Bendahara in Aceh Tamiang District)


Radhali and Wahyu Ramadhani
Cut Nyak Dhien University Faculty of Law Lecturer, Indonesia
E-mail radhali02111992@gmail.com and wahyu_ramadhani95@yahoo.com

Abstrak : Tujuan penelitian ini yaitu untuk mengetahui analisis hukum terhadap pembakaran
polsek oleh masyarakat dalam perspektif kriminologi, untuk mengetahui kepercayaan
masyarakat terhadap kepolisian pasca pembakaran Polsek menurut teori-teori kriminologi.
Spesifikasi penelitian yang digunakan adalah penelitian bersifat deskriptif-analitis dengan
pendekatan yuridis normatif. Hasil penelitian dari analisis hukum terhadap pembakaran polsek
oleh masyarakat dalam kriminologi bahwa menurut teori anomi menekankan pengaruh struktur
sosial sebagai faktor korelatif terjadinya pembakaran Polsek Bendahara. Pengaruh ini terlihat
dari adanya disparitas antara tujuan yang hendak dicapai dengan sarana yang digunakan dalam
mencapai tujuan tersebut. Hal ini akhirnya mengambil langkah-langkah pembakaran Polsek
Bendahara untuk mencapai tujuannya. Selanjutnya tingkat kepercayaan masyarakat terhadap
kepolisian pasca pembakaran Polsek menurut teori-teori kriminologi menunjukkan bahwa 1.
Teori asosiasi diferensial dapat digunakan sebagai alat analisis untuk mencari penyebab orang
atau kelompok melakukan pembakaran Polsek. 2. Teori kontrol sosial digunakan sebagai alat
analisis untuk mencari faktor-faktor yang menyebabkan orang atau kelompok melakukan
pembakaran Polsek. 3. Teori netralisasi dapat digunakan sebagai alat analisis, karena beberapa
teknik netralisasi menjadi alasan dari pembakaran Polsek Bendahara. Dari uraian Teori-teori
kriminologi tersebut dihubungkan fenomena pembakaran Polsek Bendahara saat ini sangatlah
dibutuhkan sebagai evaluasi terhadap penerapan hukum sehingga diperlukan harmonisasi
hukum dalam konteks ketentuan pidana.
Kata Kunci: Pembakaran, Masyarakat, Kriminologi
BURNING POLSEK BY COMMUNITY IN CRIMINOLOGY PERSPECTIVE
(Study Polsek Bendahara in Aceh Tamiang District)
PEMBAKARAN POLSEK OLEH MASYARAKAT DALAM PERSPEKTIF KRIMINOLOGI
(Studi Polsek Bendahara Kabupaten Aceh Tamiang)

Abstract : The purpose of this research is to find out the legal analysis of the burning of police
stations by the public in a criminological perspective, to determine the public's trust in the
police after the burning of the police according to criminological theories. The research
specifications used are descriptive-analytical research with normative juridical approach. The
results of a legal analysis of the burning of police by the community in criminology that
according to anomic theory emphasizes the influence of social structure as a correlative factor
for the burning of the Treasurer Police Station. This influence can be seen from the disparity
between the objectives to be achieved and the means used in achieving these goals. This finally
took steps to burn the Bendahara Police Station to achieve its goals. Furthermore, the level of
public trust in the police after the burning of the police according to criminological theories
shows that 1. The theory of differential association can be used as an analytical tool to find the
cause of a person or group to burn a police station. 2. The social control theory is used as an
analytical tool to look for factors that cause people or groups to burn down the police station. 3.
The theory of neutralization can be used as an analysis tool, because some neutralization
techniques are the reason for the burning of the Treasurer Police Station. From the description
of the criminology theories, it is connected with the phenomenon of burning of the treasurer of
the current police.
Keywords: Burning, Society, Criminology.
Introduction masses from the community so that there was a
burning of the police station by the community.
Law enforcement is the process of making Problems
efforts for the establishment or functioning of legal
norms as a real guideline for behavior in legal There are problems with this problem :
relations in public and state life.1 1. Legal Analysis of Police Station Burning by the
In Indonesia, one of the tasks of law Community in Criminology Perspectives.
enforcement is given authority to the Republic of 2. Level of Public Confidence in the Police after
Indonesia Police to make efforts to arrest in Burning Police Sector According to
accordance with the legislation in the territory of the Criminological Theories.
Unitary Republic of Indonesia. The National Police
of the Republic of Indonesia aims to realize Research Methods
domestic security which includes maintaining the The writing of this research uses normative
security and public order, orderly and upholding the legal research (juridical normative) by conducting a
law, carrying out protection, protection and service study of library materials in order to collect
to the community, and maintaining the peace of secondary data. Normative legal research is carried
society by upholding human rights.2 out by examining literature (literature) which is
In criminology, criminology as a social secondary data, which is in a state ready for
science continues to experience growth and publication, the form and contents have been
improvement. This development and improvement compiled by previous researchers and can be
is due to the pattern of social life of people who obtained without being bound by time and place.4
continue to experience changes and differ from one The data analysis method used is qualitative,
place to another and also different from a certain meaning that the data obtained leads to a theoretical
time or era with another time or time so that the study in the form of principles, legal doctrines and
study of the problem of crime and irregularities also the content of the rule of law first systematically
experience development and improvement in seeing, described, then qualitative analysis is carried out.5
understanding, and studying social problems that
exist in society and the substance in them. Discussion
Aceh is one of the Islamic Shariah areas
a. Legal Analysis of Police Station Burning by
where the population understands Islamic values. In
the Community in Criminology Perspectives
Aceh Tamiang District, there was a burning of the
Sector Police (Subsequently Written by the
Treasury Sector Police (Polsek) office, in this case
Sector Police) Treasurer is part of the working area
the arson was carried out by a mob from the local
of the Resort Police (Polres) in the legal area of
community.3 So in the case of burning the Sector
Aceh Tamiang Regency. In 2018 precisely on
Police by the community certainly has a bad value
October 23, 2018 there was a burning of the police
and image by the community to the law enforcement
station by the people who were located in Bendahara
authorities especially the Treasurer Police.
District.6 This caused a stir in the community,
The incident began with the arrest of
government and mass media. As we know that the
someone on the wanted list (DPO), but in this case
police are protectors and protectors for the people.
the police from a police officer shot the person after
being arrested on the grounds that the suspect
escaped from the police, therefore after being known
4
Soerjono Soekanto and Sri Mamudji, 2001,
Normative Legal Research: a Short Review, Raja
by the local community, there was tantrum the
Grafindo Persada, 5th Printing, Jakarta, p. 37.
5
Wahyu Ramadhani, Dkk, The Legality Of The
Capture Operation Hands (OTT) Corruption
1
Jimly Asshiddiqie, Law Enforcement Papers, Eradication Commission Against The Governor
academia.edu, www. decudesk.com, 2013, p. 1 Of Aceh, Law Jurnal Fakultas Hukum
2
Article 4 of Law Number 2 of 2002 concerning the Universitas Syiah Kuala, Vol. 2(3) Desember
Indonesian National Police 2018, p. 459.
3
https://news.detik.com/berita/d- 6
https://news.detik.com/berita/d-
4269370/gedung-polsek-di-aceh-tamiang- 4269370/gedung-polsek-di-aceh-tamiang-
dibakar-massa dibakar-massa
In the chronology of the Bendahara Police that goal. This can result in no match between what
Station arson, the arrest of one of the residents in is requested in culture and what is permitted in the
Bendahara District, Aceh Tamiang District, was the structure. This can result in the breakdown of social
motive of the arrest because of tripping over a norms because there is no standard for behavior.10
narcotics crime case. But in this case the law Based on Merton's theory, then there are two
enforcers who are members of the Treasury elements within the community that determines the
Narcotics Criminal Investigation shot a suspect after order, namely the common goal in society, and the
being arrested so that the suspect died. So this is means or tools available to achieve this goal
where the masses of the people were angry, which (acceptable means). Imbalance between the
burned the treasury police. It is known that the achievement of objectives with the means used, it
suspect who died was a victim of wrongful arrest so causes members of the public can make a deviation
that this conflict occurred to cause arson police. in achieving that goal.11
In theoretical criminological studies is Based on the above it emphasizes the
science based on experience, which like other influence of social structure as a correlative factor
similar sciences, looks at phenomena that try to for the burning of the Treasurer Police Station. This
investigate the causes of these phenomena in ways influence can be seen from the disparity between the
that are available to them.7 objectives to be achieved and the means used in
According to Sutherland, criminology achieving these goals. This finally makes a strain
consists of three main parts:8 (strain) on a person, or community groups so that
a. Sociology of law (criminal), the scientific they take steps in the form of burning the Treasurer
analysis of the condition of conditions that affect Police to achieve its goals.
the development of criminal law; b. Level of Public Confidence in the Police after
b. The etiology of crime, which is a scientific Burning Police Sector According to
attempt to find the causes of crime; Criminological Theories.
c. Penology, basically is the science of punishment, In criminal etiology (breaking laws)
but Sutherland includes rights related to crime discussed is the flow of schools (schools of thought),
control both repressive and preventive. criminology, theories of criminology, and various
When we explore the science of perspectives of criminology. Reactions to violations
Criminology, the Anomic Theory was put forward of the law (reacting to the breaking laws) discuss
by the French Sociologist, Emille Durkheim (1858- theories of punishment and efforts to deal with/
1917), and Robert Merton. Durkheim's opinion was prevent crime in the form of preventive, repressive,
put forward earlier than Merton. Durkheim uses the and rehabilitative measures.12
term anomi to refer to a condition that is The discrepancy between the facts with
deregulated. According to him, rapid and tense wishful thinking that results in tension (strain) and
social change in society has a big influence on all frustration which in turn will lead to psycho-
groups in society. The main values and values that physical response in individuals and ends with
have been accepted by the community become violence or resistance. 13 Van Dijk et al., States that
vague and even disappear. These conditions individuals may react to tension (strain) in various
encourage the occurrence of norm uncertainty and
even the absence of norms.9
10
Mahmud Muladi, 2008, Criminal Policy
integral approach to penal policy and no-penal
The existence of a social structure that each
policy in combating violent crime, Medan,
survives to achieve the same goal for all members library press nations in, p. 107
without providing the same tools (tools) to achieve 11
Ibid
12
Darlius, Criminological Analysis of the Crime
7
Topo Santoso and Eva Achyani Zulfa, 2004, of Burning Public Facilities Due to the Election
Criminology, PT Grafindo Raja Persada, p. 5. of the Mayor of Palopo, Thesis of the Faculty of
8
Ibid. p. 11. Law, Hasanuddin University Makassar, 2014, p.
9
Hardianto Djanggih, Nurul Qamar, 10.
Application of Criminological Theories in the 13
Widodo. 2013, Fighting cyber crime,
Prevention of Cyber Crimes, Pandecta, Journal motivational characteristics, and coping
of Unnes, Volume 13. Number 1. June 2018, p. strategies in criminological perspectives.
13. Yogyakarta: Aswaja Pressindo, p. 67
ways, which can receive the destination (+), reject In addition, this theory wants to find and
(), or discard and replace it with another purpose (±). discover how the values and norms are
Acceptance, rejection and replacement can also be communicated or transferred from the community to
applied as ingredients.14 other community groups. Furthermore, in the
There are several theories in limu context of Differential Association theory, Ronald
criminology as follows: L. Akers and Chistine S. Seller express the
1. Differential Association Theory following:
Differential Association Theory was Diferential association has both behavioral-
proposed by an American sociologist, Edwin H. interactional and normative dimensions. The
Sutherland in 1939 which was later refined in 1947. interactional dimention is the direct association
This theory was built on three theories, namely and interaction with who others engage in
Ecological and Cultural Transmission Theory from certains kind a of behavior; as well as the
Shaw and McKay; Symbolic Interactionism from indirect association and identification with more
George Mead; and Culture Conflict Theory.15 distance reference group. The normative
In 1939, Sutherland put forward the theory of dimentional is the different pattern of norm and
systematic criminal behavior, and culture conflict, values to which and individual is exposed
social disorganization, and differential association. through this association.18
Romli Atmasasmita argued that a systematic Based on the opinion of Akers and Seller it is
understanding is career crimes or organized known that, differential associations have two
practices of crime. Understanding the organized dimensions, namely interactional dimensions of
practice of crime is behavior that supports the norms behavior and dimensions based on norms.
that have developed in society.16 Interactional dimensions of behavior are interactions
In 1947, Sutherland replaced the term "social and associations that are carried out directly with
disorganization" with "differential social other people in certain behaviors; as well as indirect
organization". Through the replacement of the term, identification and association with reference groups.
Sutherland wants to show the existence of a variety Dimensions based on norms are different patterns of
of social conditions with internal values and goals. exemplary norms and values that guide individuals
Each to be used as a different means in achieving in associations.
goals. Under these conditions, after review and
This theory recognizes the existence of a linked to the above theory the level of public
variety of separate social organizations, but between confidence in the police declined and society can no
one another competing with each other based on longer uphold the norms of justice to be achieved to
their own norms and values. Larry J. Siegel the police as well as evidence of protect the public
explained that differential association theory as the police have declined so most people are
examines elements in society that affect a person reluctant to report something in the police station.
who commits an evil act.17 2. Social Control Theory
Control theory is a classification theory that
claims not to ask why people commit a crime, but
14
Hardianto Djanggih and Nurul Qamar, why do they not commit a crime? These theories
Application of Criminology Theories in Cyber assume everyone has the desire to commit a crime
Cyber Crime, Volume 13. Number 1. June 2018,
and deviate, and try to answer why some people
p. 13
15
Rahmawati, Ineu, The Analysis Of Cyber Crime refrain from doing so.
Threat Risk Management To Increase Cyber Control Theories. A classification of theories
Defense, Journal of Defense & National that claim to ask not why do people commit
Defense, Vol 7 (2) 2017, p. 61 criminal acts, but why do they not commit
16
Wibowo, Ari. Theoretical Review of the criminal acts? These theories assume everyone
Discourse of Criminalization of Lgbt. Journal of
Legal Horizon, Vol. 11 No. 1, 2015. p. 103
17
Nurfitria, Indah, Criminological Analysis of 18
Hadi, Satrio Nur. Criminological Analysis of
Criminal Acts of Abuse of Abuses in the Mode of Operation of Child Crimes in
Governmental Position in Bandar Lampung, Bandar Lampung. Poenale Journal, Vol. 3 No 2,
Jurnal Poenale,Vol. 3 No 3, 2015., p. 7 2015. p. 6
has the desire to commit criminal and deviant 4. Values and Norms (Belief), namely referring
acts, and seeks to answer why some people to the situation of the diversity of the
refrain from doing so. (Akers and Seller).19 appreciation of the principles of society
John Hagan asserted that social control among community members. if there is no
theory departs from the assumption that every conviction that the values and norms of
individual in society has the same opportunity to shared life are worth obeying, there will be a
become someone who violates the law or someone possibility of violation of the law.
who obeys the law. Social control theory asks the Furthermore Reiss distinguish two kinds of
basic question, why does not everyone break the law control are:
or why do people obey the law. a. personal control, namely the ability of a
The four elements of social ties that exist in person to refrain from achieving his goals in
each of these societies are as follows:20 a way that violates the norm;
1. Linkage (Attachment), related to the extent to b. social control, namely the ability of the
which someone pay attention to the desires community or social groups to implement
and expectations of others. They are not norms or regulations.
sensitive to the demands of others, nor do 3. Neutralization Theory
they feel the need to worry about existing Larry J. Siegel revealed, Major premise
norms. This sensitivity is interdependent with youth learn ways of neutralizing moral restrain and
the quality of the relationship between one periodically drifting in and out of criminal behavior
another, the more sympathy and empathy for patterns. Explains way may delinquents don't adult
others, the more they feel the need to pay criminals. Explains why youthful law violators can
attention to others, so that it will form social participate in conventional behavior. (Larry J.
bonds that can prevent deviant behavior. Siegel). The main opinion of the theory of
Hirschi divides attachments into two groups, neutralization (neutralization theory), that a person
namely total attachments and partial will learn to neutralize the morals that control
attachments. Total attachment is a condition human behavior, then do deviant behavior.21
when someone releases a sense of ego in him In addition, this theory explains how young
and then replaces it with a sense of people do deviations, and how young people are
togetherness. Understanding partial involved in deviant behavior. David Matza asserted,
attachment is the presence of someone who Theory neutralization stresses youth's learning of
can control or supervise someone. behavior rationalizations that enable them to
2. Connections related to one's own interests overcome societal values and norms and engage in
(Commitment), which refers to the illegal bahaviour. The theory of neutralization
calculation of profit and loss for one's emphasizes the learning process of young people to
involvement in deviant acts. Van Dijk, et all. rationalize deviant behavior that is done so that it is
argues, that this element emphasizes the expected to be able to outsmart the working of social
economic rational aspects, so that those who values and norms in society. John Hagan argues as
inventory material and emotions in society, follows:
the more risk of loss that must be borne if At base, neutralization theory assumsed that
they commit violations of norms. peoples action are guided by their thought.
3. Involvement, which refers to the idea that if Thus, the question asked by this theory is, what
someone is preoccupied with some is it about the thought of otherwise good people
conventional activities then he will not have that sometimes turn them bad? It can be noted
time to think about let alone commit evil that question posed assumsed that most people
deeds. Thus, someone who integrates well most of the time, are guided by “good” thought.
with society, has less time to violate norms. In other words, neutralization theory, assumsed
there is general agreement in our society about
19
Hardianto Djanggih and Nurul Qamar, “the good think life” and the approriate ways of
Application of Criminology Theories in Cyber optaining them.
Cyber Crime, Vol. 13. No 1. June 2018. p. 17
20
Ibid. 21
Ibid, p. 19
The theory of neutralization assumes that perpetrators of covert crime, because of
human behavior is controlled by the thoughts of envy, and so on.
actors. This theory asks, what is behind the thoughts e. Appeal to Higher Loyalities, namely the
of good people that sometimes makes them turn into perpetrator feels that he is trapped between
people who behave badly or badly or deviate from the will of the community and the legal
the norms of society? Based on this question, this provisions that exist in the community with
theory assumes that most people, in most of their the needs of smaller groups, ie groups
time, when doing something an action is controlled where they are located or joined.
by good thoughts, but why do people who generally Based on the explanation of the theory of
have good thoughts to do deviant acts or commit neutralization above, it can be understood that the
crimes. theory of neutralization reveals that deviant or evil
To answer that question, Sykes and Matza behavior is done by someone because it is based on
argued, that The delinquent, is an apologenic failure, his own thinking and is driven by several conditions
who drifs in to deviant lifestyle througt of outside the individual, so that the perpetrator always
justification "we call these justifications of devian looks for justification for his actions through the
behavior techniques of neutralization; and we process of rationalization. Application of
believe these techniqies make up the crucial Criminology Theories for Cyber Crime Countering
component of Sutherland's definitions forable to the Crime, penology, and sociology etiology in
violation of law.22 Perpetrators of crime are an criminology in general aims to study crime from
apologetic failure, that is those who fail to apologize various aspects.23
for their actions, then carried into a lifestyle that In the context of criminology, the dynamics
deviates from the norm. The process takes place of critical thinking on criminological theories is very
smoothly, and it is used by the offender as a important to understand the processes that make an
justification for his behavior. act a crime and the processes that make a person or
Justification for my perversions involves group experience ritual labeling as a villain. So that
many complicated components as the process of from a correct understanding of these processes, it
lawlessness as defined by Shuterland. Furthermore, can then be used as a basis for establishing the right
Sykes and Matza describe 5 (five) neutralization policy strategy in tackling crime.24
techniques that can be carried out by perpetrators of Based on the description of criminological
crimes, namely as follows. theories above, it can be understood that the use of
a. Denial of Responsibility, which is the criminological theories on cases / cases of cyber
perpetrator describes himself as people who crime is very necessary (urgent) because it is used as
are powerless in dealing with the pressures a basis for decision makers (decision makers) in
of society (for example, lack of affection combating cyber crime (cyber crime) to be right on
from parents, are in a bad relationship or target and effective in accordance with the
environment). characteristics of my head and its mode.
b. Denial of Injury, the perpetrator is of the From the description of the 3 (three)
view that the actions carried out do not crimonological theories above, it can be concluded
cause great harm to the community. as follows. 1. Differential association theory can be
c. Denial of Victim, which is the perpetrator used as an analytical tool to find the cause of a
understands himself as "the claimant person or group burning a police station. According
retaliates", while the victims of his actions to the theory, basically crime is the result of a
are considered as guilty.
d. Condemnation of the Condemners, the 23
Indra, S Josua, Nur Rochaeti, & R.B. Sularto,
perpetrators assume that people who Criminology Study Related to Criminal Law
condemn the actions that have been carried Enforcement of Criminal Acts on Forest and
Land Burning in Riau Province, Diponegoro
out as hypocrites, hypocrites, as Law Review, Vol. 6 No.2, 2017., p. 3
24
Kholiq, M. Abdul. The Urgency of Critical
22
Hagan, John. (Without years). Modern Thinking and Development of Indonesian
Criminology, Crime, Criminal Behavior and its Criminology in the Future. Journal of Law Ius
Control. Mc Graw-Hill Inc. Singapore, p. 156 Quia Iustum, Vol. 7 No. 15, 2000, p. 173
learning and communication process that takes place by the community because of incompatibility in
from someone in an intimate group. The theory is in carrying out the duties of law enforcement officers,
line with the characteristics of the burning of police criminals have learned the actions of other parties in
by the community because of incompatibility in the same work; similarly the principle of differential
carrying out the duties of law enforcement officers, association cannot be ruled out in studying crime. 2.
criminals have learned the actions of other parties in The theory of social control can be used as an
the same work; similarly the principle of differential analytical tool to look for factors that cause people
association cannot be ruled out in studying crime. 2. or groups to burn down the police station. According
The theory of social control can be used as an to this theory, the perpetrators burn because the
analytical tool to look for factors that cause people social ties in a person are strong or even someone
or groups to burn down the police station. already has a social bond with the community. 3.
According to this theory, the perpetrators burn The neutralization theory can be used as an analysis
because the social ties in a person are strong or even tool, because some neutralization techniques as
someone already has a social bond with the proposed by Sykes and Mat / a may also be the
community. 3. The neutralization theory can be used reason for the burning of the Treasurer Police
as an analysis tool, because some neutralization Station. From the description of the criminology
techniques as proposed by Sykes and Mat / a may theories, it is connected with the phenomenon of
also be the reason for the burning of the Treasurer burning of the Treasurer Police at this time
Police Station. From the description of the
criminology theories, it is connected with the Suggestion
phenomenon of burning of the Treasurer Police
It is recommended to law enforcement
Department at this time is very much needed as an
officers especially the Indonesian National Police so
evaluation of the application of the law so that it is
that in the case of arrest of a criminal offender who
necessary to harmonize the law in the context of
has been caught so as not to shoot a perpetrator both
criminal provisions in the field of information
in the case of being caught red-handed or the
technology.
perpetrator escaping from the police apparatus that
does not threaten the safety of the apparatus, it must
Conclusion
be apprehended in accordance with Standard
The legal analysis of the burning of the
Operating Procedure (SOP) and always safeguard
police station by the community in criminology that
human rights which are the rights of the perpetrators
according to anomic theory the influence of social
as citizens who must be protected.
structure as a correlative factor in the burning of the
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