Police Legal Responsibilityy For Crime and Thieft Involving Violence

: The Indonesian National Police obtains a mandate from laws tasked with maintaining security and order, protecting, serving, enforcing the law and protecting the public. One of these tasks is the prevention of theft with violence crimes by the Police Resort in the East OKU. In seeking answers to this problem, the author used empirical research methods, by conducting interviews with several parties, including the East OKU Police Resort and the perpetrators of violent crimes. The results of the study suggest that, first, the things that cause theft with violence crimes are caused by two factors, namely endogenous and exogenous factors, but the causative factors that often cause theft with violence crimes in the East OKU such as economic level, low education that causes unemployment, the environment, and lack of legal awareness, and supported by situations and conditions. The second is done by using penal and non-penal effort. Prevention with Penal efforts focuses more on the repressive nature, that is, actions carried out after the occurrence of crime. The study's findings revealed the effectiveness of criminal law and policy in preventing violent stealing.


Introduction
The progression of the economic level in Indonesia with the development in all fields, with the aim of providing prosperity and welfare for all Indonesians. This certainly requires people to have state awareness and strive to create a just, prosperous and prosperous society. A society that is said to be prosperous is if a society whose economic level is middle to upper and the security conditions are harmonious with it, the community behaves in harmony with the interests prevailing in society by behaving in accordance with the rules that exist in society (Supranto, 2003). Development and efforts to reform the law in Indonesia can run well if there is a good role of law enforcement agencies or institution.
The role of law enforcement agencies is needed both in law enforcement to maintain public security and order and provide protection, and services to increase legal awareness in people's lives. A law enforcement agency is an agency that enforces justice in a community, an institution where the community needs and seeks justice (H & Fathonah, 2014). The National Police of the Republic of Indonesia (POLRI) is one of the law enforcement agencies directly responsible under the President. The main duties of the National Police are regulated in Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia, including maintaining public security and order, enforcing the law, and providing protection, and services to the community. Law is the entirety of rules or rules in a common life that can be imposed by a sanction. The law works by providing clues about behavior and therefore the law is the norm. Law in the form of norms is known as legal norms, where the law binds itself to society as a place where the law works. Criminal law is part of the entire law in force in a country (M & E, 1985).
Criminal law regulates various forms of criminal acts, criminal acts are behaviors that are threatened with unlawful crimes related to mistakes and committed by people who are able to be responsible. One of the criminal acts regulated in the criminal law is the crime of theft, which in recent times various forms of theft have spread and disturbed people in people's daily lives. Theft is a criminal offense regulated in the Criminal Code (KUHP) book II chapter XXII Article 362, Article 363 and Article 365. The crime of theft in the main form is regulated in Article 362 of the Criminal Code which reads (H & Fathonah, 2014).
"Whoever takes something, which belongs in whole or in part to another person, with the intention of being unlawfully possessed, is threatened with theft, with imprisonment for not more than five years or a fine of not more than nine hundred rupiah".
Violence-related stealing in context One of the criminal activities (delicts) that disturbs and harms society is the law. According to Simons (Situmorang et al., 2020). the so-called violence might be encompassed in Every application of an energetic body that is not excessively light is considered to be violent. violent theft is unacceptable. Criminality is a sickness of civilization that has killed out entire generations of people. According to the generation, crimes that cause injury or torture to others are the most serious kind of crimes (Batu et al., 2020). There must therefore be efforts made to deter persons from committing violent robbery of others.
There are several categories of theft as regulated in the Criminal Code (KUHP), including theft with violence, theft with violence often occurs against theft of motor vehicles (curanmor). One example of an area that is rampant in the crime of violent theft of motor vehicles is in East Ogan Komering Ulu ( East OKU) in the jurisdiction of the East OKU Police Resort (POLRES) which is usually known by the East OKU community as Grandong Motor. Motor vehicle theft (curanmor) in the East OKU has dominated the category of criminal acts since 2012. The increase in crime in the East OKU can be seen from the mass media reporting on theft, violence and robbery in the East OKU region Recorded, as many as 19 criminal cases that are included in the police records that occurred in a number of areas in East OKU from existing police stations, these crime cases are dominated by theft with violence crimes (curas) as many as 10 cases, Meanwhile, the other nine cases consisted of theft with ballast (curat) and several other criminal cases. It was recorded from 2010 to 2013 that the crime rate that occurred in East OKU Regency amounted to 725 criminal cases, which was dominated by cases of theft with violence as many as 337 cases, 89 cases of theft with ballast while the rest were other cases. (East OKU Police Resort " Statistics Data, 2010-2013. East OKU is indeed an area that is very prone to cases of theft with violence, the suspects in cases of motor vehicle theft carry out their actions by stopping victims who are driving in two-wheeled vehicles and depriving the victim's property. It is not uncommon for theft with violence of motor vehicles using sharp weapons and even firearms to facilitate their activities, for example what happened to Suhadi (40) a resident of Kotabaru Village, Martapura District, East OKU who had to give up his motorcycle was taken by five robbers Wednesday (8/5/2016) morning. In addition to the motorcycle being taken, Suhadi was also shot by robbers using a firearm in his leg once. the robbery that occurred on the irrigation embankment road section of BP Peliung Subdistrict occurred when the victim Suhadi and his wife Sopiah were riding on a blue Supra Fit-X motorcycle with police number BG 7511 YK at around 06.00 am to Belitang district to see his sick grandson. A terrified Suhadi finally gave up his motorcycle. However, the perpetrator still shot the victim's left leg in the thigh so that the victim fell.
In 2017 the East OKU Police Department arrested three perpetrators of theft with violence that police incapacitated both calves with hot lead. The suspect was shot because he tried to escape when he was about to show another colleague, Wednesday (28/2/2017). This resident of Rejo Mulyo Village, Belitang II District, East Ogan Komering Ulu (OKUT), when he carried out his action, was about to shoot the victim, but at that time the assembled firearm (Senpi) in Nano's hand did not erupt when it was fired at the victims Triyanto and Isrokhan, whose vehicles were stopped by the four perpetrators. Seeing that the firearm did not explode, the victim tried to resist and a stab was hit and finally, the victim was hit by a sharp weapon stab aimed at Triyanto's body to death. Until mid-2018, the most dominant number of cases in East OKU Regency was cases of theft with violence (Curas) with cases of violence against children, criminal cases that occurred in East OKU until the middle of the year reached up to 58 cases. This was revealed by the Head of the East OKU District Attorney's Office, Ismaya Hera Wardhani, S.H., M. Hum. accompanied by Kasi Intel Indra Kurniawan SH, who was interviewed after carrying out the 58th Adhyaksa Anniversary on Monday (23/7/2018).
The theft of motor vehicles with the violence mentioned above is also known as Begal. The word "begal" in the Big Indonesian Dictionary (KKBI) means "rogue" if the word begal is affixed with the word Me-begal so that the meaning turns into robbing on the road or smuffling. According to the Criminal Law in classifying crimes is based on the type of crime. If viewed in the Criminal Code, theft with violence (begal) is included in the category of theft which has an objective element which includes elements of taking actions, elements of objects, elements of part or all belonging to others, and has a subjective element that includes the intention to possess, and against the law. Geographically-quantitatively, that the scope of locus delecti of this crime shows that it has been quite evenly distributed in various areas of cities, districts, and in rural areas (Sianturi, 1983). Theft with violence (begal) is categorized as theft with violence, because the act is preceded, accompanied or followed by violence or threats of violence in accordance with the elements of criminal acts that have been formulated in the Criminal Code book II chapter XXII Article 365 which regulates theft with violence.
Based on this information, the author will investigate, review, and conduct research to gather facts, figures, and conclusions about the National Police's role in fostering conditions. a society that is supportive, free from anxiety about security lapses and public order, particularly when disturbances occur Violent Theft-Related Crimes (Curas). This is because Theft with Violence is a Common Evil and is a Criminal Act. But as of today, handling sufficiently sophisticated technology countermeasures and prevention is still necessary. Based on this, of course, the National Police is generally capable of enhancing police performance in handling theft crimes with rigor, even though it is only measured in terms of percentage. Consequently, in an effort to strengthen current regulations in the face of violent theft It no longer occurs because the impact is right. Devastating to the neighborhood, especially to the victims' families, resulting in the loss of possessions, of lives, and of the mental toll on those families. Adequate technical safeguards and prevention.

Research Method
To answer the existing problems in this journal, the author uses a type of sociological/empirical research. Sociological/empirical research is in doctrinal legal research or sociological legal research and can also be referred to as field research. Primary Data, is data obtained directly through interviews and or from the field related to community behavior. This research was conducted orally by interviewing the East OKU Police Resort (POLRES), the victimized community and the community around the East OKU area, as well as perpetrators of theft with violence crimes in the East OKU area. As for Secondary Data, it is data obtained from the observations of others. (Beni Ahmad Saeban, 2009) or data obtained in a ready-made form in the form of report publications. Namely primary legal materials, namely legal materials that have binding legal force, (Soekanto, 2007)

Factors causing the occurrence of Theft With Violence Crimes in the East Ogan Komering Ulu area
The Indonesian state is a country based on law (rechtsstaat), not based on men power (macthtsstaat). The law works by providing clues about behavior and therefore the law is the norm. Law in the form of norms is known as legal norms, where the law binds itself to society as a place where the law works. Crime is an endless social symptom to study; this is considering the development of crime along with the development of human life. Crime as a social phenomenon is more influenced by various aspects of life in society such as political, economic, socio-cultural and matters related to the defense and security efforts of the state (Seabeni, 2009). A criminal act that has a high frequency of occurrence is the crime of theft.
As with the development of human life, theft has also experienced several patterns of progress in its implementation techniques and its perpetrators. Although crime cannot be completely destroyed, the effort that can be taken is to suppress or reduce the number of crimes and direct criminals to return as good citizens of society. From the data that started in the last three years in 2016 to 2018, the crime rate of theft in East OKU district amounted to 319 theft crimes, which were dominated by ordinary theft crimes, theft with violence crimes and theft crimes with ballast. (Source of East OKU Police Resort"s Statistics Data). The causes of the occurrence of criminality, theft and robbery from social and psychological aspects are endogenous and exogenous factors. The endogenous factor is the impulse that occurs from oneself, as a relative truth can create an attitude of defending one's opinion, self, or egocentric and excessive fanaticism. If a person is unwise in responding to a problem that may corner himself, then the criminality may occur as an outlet to show that he is the right one. While exogenous factors are factors created from outside of themselves, these factors can be said to be quite complex and varied. Social inequality, economic inequality, injustice. All of these are examples of the causes of criminal acts that come from outside of him (Walgito, 1997).
Based on the results of the interview with the Head of the East OKU Criminal Investigation Unit, the factors causing theft and violence include two factors that cause the character of the perpetrator to commit a theft with violence crime, namely internal factors and external factors that exist in the perpetrator. (M. Ikang Ade Putra, S.I.K, 2019). Internal factors that influence a person to commit a crime of theft with violence t Here the causes of the crime are sought in the perpetrator, why to the point of committing the crime. According to Lombroso, evil is a human talent carried from birth. Based on this opinion, that one's evil qualities can be passed down so that the evil is attached to oneself because of the inheritance process, so they often commit inhumane crimes. Lombroso's teachings have been invalidated, this is because not all criminals come from previous criminals, it is also known that evil is not due to descent (W.A. Bonger, 1981).
The cause of internal factors is the education of a person. The educational factor is one of the factors that encourage a person to commit a criminal act of theft. It is caused by their lack of knowledge of things like the rules that are in the way of life in society. The level of education is considered one of the factors that influence a person to do evil (steal). This can be understood because a person who is poorly educated ensures that many have difficulties in living in society. This difficulty is related to the opportunity to achieve life welfare, which is always synonymous with the job opportunities that a person is able to achieve, the higher a person's job, the level of income in achieving welfare will be achieved. It will be different if a person with a low education achieves the well-being he dreams of. They will have difficulties related to their education such as being rejected in a certain job or even if they are accepted often get fringe positions that are prone to termination of employment (layoffs) (Abdussalam, 2009).
By getting a fringe job position that is prone to layoffs, unemployment arises (Sumawinata, 2004). People who do not have a livelihood or commonly referred to as unemployment often make a person feel hopeless quickly, and the fruit of despair is to find shortcuts in achieving goals (Lukman, 2019). This can make it easier for an unemployed person to commit a crime. Similarly, theft with violence, especially against motor vehicles, from the results of interviews conducted with the the East OKU Criminal Investigation Unit, it was understood that more perpetrators of theft, especially motor vehicle theft, who from their educational backgrounds can be known to be poorly educated. From the low education, it makes it more difficult for them to achieve what they aspire to, which results in them being easier to despair and often go blind and commit a crime, especially motor vehicle theft.
Based on the results of an interview with one of the perpetrators of the crime of theft with violence, he said it was difficult to find a decent job because he was only a graduate of elementary school (SD) and also the available field was difficult for him to do, "it's hard for me to wander, hard to find job because I was graduate from elementary school, working as a person who plant the rice and ngerek not every day but the economic demands are getting worse day by day, I don"t have paddy, so forced to be maling" (it is difficult to find a decent job opportunity, if you want to find a job in the city (wandering) it is difficult because he is only an elementary school graduate, odd jobs he has done such as planting rice and ngerek (harvesting rice), which does not happen all the time but, economic demands are increasing day by day, and he does not have treasures such as rice fields which are the basic livelihood of the residents of East OKU). (BN Inmates of theft with violence cases, 2019).
Mental factors and thinking factors, these factors are caused because the perpetrator has bad habits and seeks a large income by shortcuts caused by the matrealistic nature and arrogant nature that exists in the perpetrator. This mental factor can also be caused by the lifestyle of the perpetrator who wants something more, triggering a person to commit a theft with violence crime, due to being lazy to find a job and working hard. (IPTU Yuli, 2019). The belief factor is also an internal factor of the perpetrator also affects someone committing a crime. This belief is that a person's religious education also influences a person's behavior. A person who is equipped with religious knowledge since childhood will ingrain the things that are allowed and prohibited by religion so that it will affect one's behavior later. On the contrary, with the lower level of religious education and never even getting a religious education a person will not care about good and bad deeds (Chazawi, 2003).
External factors, are factors that arise from outside the perpetrator such as economic factors, environmental factors, global development factors and factors of victim negligence. Economic factors, caused by the difficult economic squeeze that causes someone to take shortcuts to be able to meet needs. If this is done continuously, it will become a habit so that stealing is already considered a livelihood. This economic factor is also related to educational factors, due to the difficulty of getting a decent job, causing a person to experience difficult circumstances to make ends meet (Walgito, 1997).
In addition to economic factors, environmental factors are one of the factors that have an influence on the occurrence of theft (Magrhobi, 2014;Pramesti & Suardana, 2019;Saputra, 2019). A person who lives or lives in an environment that supports theft, then at one time he will also commit the theft (Ali & Rijal, 2022;Irianty, 2021;Mamluchah, 2020). There are many things that make the environment a factor in causing a crime (theft violently). For example, the need for association with peers (drugs) where in the East OKU area itself is one of the areas in southern Sumatra where the narcotics crime rate is high, this is one of the controls and causes a person's association to be able to do work as a thief. (IPTU Dwi Rio, 2019). Parents are responsible for what their children do, there is a saying that "the fruit falls not far from the tree" therefore the pattern of behavior or habits of parents in the household determines how the nature of a child in his association. In addition, how parents educate a child also affects how the nature of a child in society. "When I was at home, I didn't feel comfortable at all. Every day is always here with parents. Told to do this. That's why I ended up rarely going home and I didn't want to go home either. As long as I don't go home, I stay at my friends' house and can freely play around until I finally run out of money to be happy. And finally, we stole the bike." Therefore, parents have a very important role in preventing a child from committing a crime.
Not only parents who are responsible for the environment that causes bad influences but the community, community leaders, religious leaders and apparat in the environment can be responsible for the emergence of the wrong environment or association in the local area, by exercising social control and social control. (AD Inmates in theft with violence cases, 2019). Global development has a positive impact on the progress of a country, while for an individual global development is a means to show that he is someone who is able to meet the needs of his life in that period of global development. In addition, someone who has something (treasure) that is more seen as a successful person, this certainly makes everyone in society compete with each other to show that he is the most superior. And it is undeniable that people who were previously underprivileged will compete even if they use the wrong methods. Most of them prefer a practical way instead of having to work harder without thinking about what risks they will receive in the future for the deeds they have done (Firmansyah, 2019;Pangarep, 2010;Sihotang, 2022).
The victim's negligence factor can be seen such as the ease with which the perpetrator takes the victim's property, such as cases of theft with violence carried out in the early hours of the morning and quiet conditions, this is what triggers a person to commit theft with violence because it is done by the perpetrator easily to carry out his actions. Thus, it can be said that the negligence of the victim due to theft with violence will occur with the meeting of intentions and opportunities so that these two factors support the occurrence of theft with violence. With the intention but the opportunity not obtained theft with violence will also fail to occur, on the contrary the intention can also come after the opportunity comes (Azahrah, 2018;Jamaluddin, 2016;Sasongko, 2020).
It can be concluded by looking at the descriptions above about the factors that cause a person to commit a crime of theft with violence in the East Ogan Komering Ulu is the cause of the low level of education so as to cause a person to have an unfit job and an increase in unemployment, mental factors and thinking patterns, belief factors due to lack of knowledge of religious problems and lack of one's level of faith, economic factors that are the result of low levels of education, and increasing daily needs, environmental factors of the perpetrator, which can cause the perpetrator to commit theft with violence, and are also supported by the opportunity factor arising from the negligence of the victim, by driving in the early hours of the morning and quiet.

The Efforts To Prevent The Theft With Violence By East Ogan Komering Ulu Police Resort
Policies or efforts to combat crime are essentially an integral part of efforts to protect society (social defense) and efforts to achieve welfare (social welfare). Crime prevention policies or it can also be called criminal politics have the ultimate goal or main goal, namely "protection of society to achieve public welfare". The criminal policy itself is part of the law enforcement policy. Law enforcement policy is part of social policy and is also included in legislative policy. Criminal politics is essentially also an integral part of social policy, namely policies or efforts to achieve social welfare (Arief, 2008).
The definition of legal politics is according to the definition of Marc Ancel which states that penal policy as a science as well as an art that ultimately has a practical purpose to allow positive legal regulations to be better formulated and to provide guidance not only to lawmakers but also to courts that apply laws and also to its organizers or executors of court decisions. Criminal law policy can also be seen as part of criminal politics. This is based on the idea that efforts and policies to make good criminal law regulations cannot essentially be separated from the purpose of tackling crime or prohibited acts. So criminal law policy or politics is also part of criminal politics. Criminal politics is a rational effort in society to tackle crime (Budiharjo, 1998).
Based on the description of the definition of criminal politics as mentioned above, the politics of criminal law is identical to the definition of crime prevention policy with criminal law. Efforts to overcome crimes or criminal acts with criminal law are essentially part of law enforcement efforts (criminal law enforcement). Therefore, it is often said that politics or criminal law policy is part of law enforcement policy. Crime is essentially a social process (criminalities is social process), so criminal politics must be seen as a social political framework, that is, an effort by society to improve the welfare of its citizens. It is based on the view that crime is a humanitarian problem as well as a social problem, and criminal law policy as part of criminal politics must be viewed from a social political framework to achieve the welfare of society (citizens) (Utari, 2012)).
Efforts to combat crime through the making of criminal laws are essentially also an integral part of community protection efforts (social defense) (Muladi, 1995). Therefore, it is also natural, if the policy or politics of criminal law is also an integral part of social policy or politics (social policy). Social policy can be interpreted as any rational effort to achieve community welfare and at the same time includes community protection (Rajab, 2003). Based on the definition of criminal law policy as described above, it can be argued that the scope of criminal law policy is as part of the policy or policies, namely as part of legal politics or law enforcement, legal politics, criminal politics and social politics. From the description of legal policy or legal politics in allocating the role of the National Police in preventing theft with violence, the jurisdiction of the East OKU police has carried out a policy by looking at the development of society and increasingly complex crimes. The Police in preventing theft with violence in the area are carried out penally and nonpenally by doing it optimally.
Regarding the National Police's involvement and handling of Dealing with the Criminal Act of stealing leads to the crime of violent stealing. The future's violence is Along with keeping up the program (Program Fixed), which consists of Patrol, Chain, Jartup, Polmas, and Kring Serse, early detection, treatment of gang-related crime scenes (Polres, Polwiltabes, and Polda), and case title The prosecutor chief of police's GRAND STRATEGY, POLRI, which is broken down into three parts, adds to the case's disclosur adequate technical safeguards and prevention: Trust Building Phase I, 2005-2010 (Building Trust); Partner Ship Phase II 2010-2015 (Building partnership); Strive for Excellence Phase III 2015-2025 good service to society A strategic policy that is closely tied to action and protects criminal stealing with violence is now being implemented; Fast Respons (Quick arrival at the scene of the incident, quick distribution of community reports, and intensified patrols in susceptible areas; Investigation transparency via SP2HP (Notification Letter of Development Results Investigation), which must be communicated on a regular basis to the informant, victim, or families of suspects for certain cases Regarding his situation, the National Police is accountable to the public; and transparency in the hiring of police officers would help gauge how well the National Police handles situations when they arise (Hartono, 2016).
From the program, it can be inferred that in carrying out its primary responsibilities and functions as outlined in Law Number 2 of 2002 Concerning the National Police Republic of Indonesia, Polri offers Protection and Protection and Service to its communities through Enforcement activities Law against offenders applicable legal regulations, in particular criminal law regulations, in order to maintain security and public order. The National Police will be tasked by legislation with carrying out the investigation role in the criminal justice system.
Using Concerning the Police as a foundation According to the State of the Republic of Indonesia: "The investigation is a series of actions investigators in the case and in the manner regulated in the Act to seek as well as collect evidence that is with such evidence make light of the criminal act that occurred and to find the suspect." According to the article, the investigation is a continuous activity that occurs between one activity and another, and the investigation's activities can be divided into 4 (four) kinds, including actions that need forced effort; Review, Case Settlement, and Submission. The head of the unit, who directly supervises the investigators and auxiliary investigators in his unit, and Kasat Reskrim, who is in charge of the activities of the Reskrim Unity of Function, have a very strategic role in order to improve case disclosure and eliminate food irregularities that happen. In addition to having managerial skills, both of these individuals are responsible for achieving the goals and objectives set by the leadership.

Conclusion
The Criminal Code, Criminal Procedure Code, and Law No. 2 of 2002 concerning the Police Relating States of the Republic of Indonesia with the Occurring Events (Modus Operandi) serve as the basis for the National Police's efforts in dealing with theft crimes by rigor. Additionally, the National Police has taken legal action to combat theft by violence by engaging in deeds like: a) Conduct patrol operations around police stations according to predetermined time schedules and at the predetermined meeting location; b) Engage in jartup (closed pursuit) actions during the violent theft event; c) Engage in kring Serse activities within the framework of territorial control, potential crime vulnerability, particularly violent theft by the police so that they can restrict the movement of criminals; d) Carry out early detection of offenders of felony theft with. e) Conducting Polmas activities with the creation of FKPM (Communication Forum Community Police) at the level of Community Villages and Regions; f) Gathering as much information as possible from informants and record keeping; g) Identifying the perpetrators of theft crimes violently, including groups and his syndicate; h) Collecting information from informants as much as possible; and g) The location of it using the police force to commit theft quickly arrived at the crime scene and closed it right away. Rescue efforts and the crime scene when they were alive.
To report on its significance in tasks carried out by Polwil and Polda units, contact Polwiltabes and Polda units right away Will right away offer handling support a crime scene, a search, and a chase The criminal will, of course, also request technical support from experts in crime scene processing as well as from labs for assistance with identification, forensic medicine, communication technology, and other experts as needed. Activities related to degrees will come after this. Periodic cases will be followed by investigation and fingerprint units from Polres, Polwiltabes, and Polda until the arrest of the suspect, Anev Results (Analyst and Evaluation), Analysis Results, and Evaluation. Periodic cases can be once every 1 week or 2 weeks adjusted to Level the difficulty of events that occure.
In order to prevent theft with violence crimes in the East OKU area, two events can be used, namely penal and non-penal efforts. Penal efforts are carried out through criminal law, penal efforts focus more on the nature of "repressive", that is, actions committed after a crime occurs with law enforcement and sentencing crimes that have been committed fungus to have a deterrent effect. Non-penal efforts are efforts that focus on the nature of "preventive" (prevention/deterrence) before crimes occur, carried out by patrol and holding guard posts in vulnerable areas and holding socialization about the law, so that the public gradually understands the law. So that this prevention effort is expected to reduce the number of theft with violence in the East OKU district area.