Law Enforcement on Carok Actor's Criminal Act

In: International journal of multicultural and multireligious understanding: IJMMU, Band 8, Heft 12, S. 346

Abstract

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual's self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors' bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor's criminal act and the constraints the police faced in the law enforcement effort on carok actor's criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars' opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor's criminal acts are individual or group's self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.