Learning Legal Studies

the efforts of non- penal in criminal lawPerhaps in this case is still considered taboo because no one in the criminal law recognize the term or terms of peace deliberations , but I lifted this title background by my experience of non penal skipsi efforts in the resolution of criminal cases that particularly in the case of oil palm fruit theft , specifically I raised the issue briefly unsettled in the Aceh region .okay I'll discuss in the background first.A. BackgroundThe development of a society that is so fast as a result of development and implementation process in all fields of social life , politics , economy , security and culture in addition to a positive impact , also has a negative impact by increasing the quality and quantity of various kinds of crimes that are so damaging and disturbing the public , other than that evil is a form of deviant behavior .
       Conditions offenders can often be influenced by the level of the economy , education and weak faith so easily commit a crime . Real conditions that exist today , the perpetrators of the crime is rampant , in this case can be considered as the so-called labeling approach the symptoms of crime as a result of social processes that take place in society , crime is a human behavior that is created by some members of the community who have power and authority . This means that crime is a " cap " that is given to a particular behavior . [ 1 ]The state of a people living in a very rural jobs so hard will therefore people tend to do social deviations , as well as immense economic influence to people's lives , because if the weak economy may perform acts that violate the law or commit an act the expense of others , in order to meet their needs . Economic problems as stated above may result in the community such as unlawful acts committed the crime of theft due to weak economic factors and inadequate job opportunities . Hence it happens deviant behavior of the society is to perform a criminal act of theft .
      The crime of theft is a crime heredider ( innate, inheritance ) , but not also the biological heritage . Criminal behavior that can be done by anyone , both women and men , can take place at the age of child , adult or elderly . Modern society many foster high aspirations and are often accompanied by social ambitions unhealthy . Expectations abundant fulfillment of material needs but does not have the ability to achieve the fair , encouraging the individual to commit a crime . [ 2 ]
      In the narrow sense of the crime of theft is the act of taking the property of another without permission or illegally . Theft can also be defined as the act of taking an object that is not right with the result of people who have these objects feel aggrieved . Under article 362 the Code of Penal ( Penal Code ) which can be imposed on the threat of criminal theft of the relative weight of high - setingginya 5 ( five ) years can be exacerbated even further to 7 ( seven ) years if the act is done with one of the elements contained in Section 363 the Code of Penal ( Penal Code ) .Based on these data it can be seen that the number of palm oil theft is not declining , but in case of capture by the growers of the village will seek the path of any non penal although not all theft cases settled out of court ( non- penal ) . According to the village head Alim grooves that of many cases of theft solved palm deliberation and consensus with growersSettlement initiative was settled out of court instead of both sides of both the grower and the community / village officials . The completion of the criminal case through the efforts of non penal criminal law is a waiver form . In criminal law , the crime of theft is expressly stipulated that people who make mistakes should be punished .Actually , the plantation companies have been doing a lot of remedy through the courts ( penal ) , but these efforts are less effective that other alternatives are pursued efforts of court settlement . Non penal efforts more effective , because it does not burden the people and reflect cultural values ​​and local customs . But the rule of law regarding non penal settlement is still not clear settings.In the context of Aceh province , out of court settlement has been stipulated in the provisions of Qanun 5 of 2003 on the Village Government , namely justice at the village level and habitation . This is intended as a judicial deliberation or customary , known as the judiciary . The customary justice have long existed , but not completely run optimally and some people still use it to handle problems that occur between people . The justice of peace still felt the need to be preserved and made ​​effective , as seen from its philosophy is in accordance with the sense of justice of the community and can provide better benefits for people, especially for those who are in dispute . It is interesting to study is a good non penal settlement process from the beginning until the judicial decision and the implementation of its decisions .
[ 1 ] Yul Yuliana , Buffalo Theft Crime Aid Society ,[ 2 ] Kartini Kartono , Social Pathology , CV . Rajawali , Jakarta , 1992 , p . 140 .