TINJAUAN YURIDIS TERHADAP SANKSI PIDANA PENGGUNAAN TENAGA LISTRIK SECARA MELAWAN HUKUM DIKAITKAN DENGAN ASAS KEADILAN

Abstract

Article 51 paragraf 3 of law number 30 of 2009 states that, “every person
who uses electric power which is not legally entitled to imprisonment for a
maximum of 7 years and a maximum fine of 2.5000.000.000,00”. Based on the
principle of justice, inessence it is abstrac and relative. In criminal law, especially
in a criminal ase, justice is very difficult to create because there are two parties
with different interests who demand justice. The judge in case number
24/Pid.Sus/2015/PN.Slw sentenced him to 3 months imprisonment and a fine of 3
million rupiah. 1670/Pid.B/2016/PN.Mks and was sentenced to only 6 months
imprisonment, and case number 222/Pid.Sus/2015/PN.Skh was sentenced to only
6 months imprisonment. Meanwhile the electricity he stole was not only for the
use of his own household but also forthe benefit of his own personal business,
which had harmed the state and also the community. So that from the result of this
decision, the purpose of the punishment was dettering the perpetratorwas not
achieved.
The purpose of this study was criminal sanctions for electricity crime based
on the perspective of the principle of justice and to find out the ideal concept
related to electricity crime. This research is structured using a normative juridical
research type, namely research focused on examining the application of the rules
or norms in positive law. The approach used in this research namely literature
law research.
The results of the research from the author are that In accordance with the
principle of justice that the sentence that should be imposed must be in
accordance with the governing law, not with a judge’s decision which gives relief
very far from the law that has been enacted. The judge’s decision that was handed
down was so low that it did not cause a deterrent effect on the perpetrator so that
is possible that this incident will happen again in the future. Ideal concept is
achieved in determining the decision in accordance with the law against the
judge’s decision, and the criminal punishment imposed on the defendant should
be in accordance with the regulated law, namely law number 30 of 2009
concerning electricity.
Keywords: Electricity theft – justice – criminal sanction