Journal of Social Welfare and Human Rights

Radicalism and Violence in Mass May 1998 viewed from the Perspective of Criminal Law
Rehnalemken Ginting, Adi Sulistiyono, Hartiwiningsih, I Gusti Ayu Ketut Rachmi Handayani

Abstract
Radicalism and violence contributed to May 1998 riots that caused chaos in Indonesia, especially in the capital city of Indonesia, Jakarta and other strategic cities. Part of radicalism such as, the value of emancipation affected the society, the radical fundamental approach to conflict, the commitment to change in society, and the political struggle to solve problems to the roots. This research is a descriptive research that describes May 1998 seen through the study of radicalism, violence, and criminal law. As a legal research, the approach used was legal socio-research. Furthermore, it would be analyzed using the normative approach because the act of riot is a criminal or a crime as regulated in criminal law, especially the Criminal Code (KUHP). Radicalism and violence were very close and complementary in contributing to May 1998 riots. From the perspective of criminal law, the riots contain many crimes that could be charged using the articles in the Criminal Code as crimes against public order are provided in Articles 154-157 Of the Criminal Code, the crimes of endangering public safety are provided for in Articles 187, 188, 191 - 194, 200 and 201 of the Criminal Code. Thus, Crime against the power of government is regulated in Articles 207 - 208 of the Criminal Code, crimes against morality are regulated in Article 281 of the Criminal Code. While the crime of persecution is set forth in Articles 351 - 358 of the Criminal Code, a crime causing a person to die or wound under Article 359 - 360 of the Criminal Code, theft crimes set forth in Sections 362 - 367 of the Criminal Code, rape and persecution crimes set forth in Articles 368 - 371 of the Criminal Code, and damages the goods set forth in Articles 406 - 412 of the Criminal Code

Full Text: PDF     DOI: 10.15640/jswhr.v6n1a1