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SOCIAL SCIENCES JOURNAL
Technium Social Sciences Journal
Vol. 50 (Special issue), 1-8, November, 2023
ISSN: 2668-7798
www.techniumscience.com
Criminal Liability Against Police Negligence for the
Shooting of Tear Gas in Kanjuruhan Causing Victims
Erma Rusdianal'* Dewi Muti'ah1 , Rizqianjanil
1 Criminal Law Study, Faculty of Law, Universitas Trunojoyo Madura, Indonesia
2Crybercrime Study, Faculty of Law, Universitas Trunojoyo Madura, Indonesia
3 Criminal Law Study, Faculty of Law, Universitas Trunojoyo Madura, Indonesia
Abstract. Based on Roscoe Pound's opinion, the notion of criminal responsibility is a
person's obligation to pay retribution that will be received by the perpetrator from
someone who has been harmed (the victim). Criminal liability is a person's responsibility
for the crimes he commits. The purpose of criminal liability is to determine whether a
person who has committed a crime can be held accountable or not. This article will
discuss criminal liability for police negligence for the act of shooting tear gas at the
Kanjuruhan stadium, where the negligence of the police was due to a lack of caution and
carelessness in acting using force in police actions. Namely not being careful and acting
without considering the risks in using chemical weapons in the form of tear gas. The use
of tear gas should be guided by the principles stipulated in the Police Chief Regulation
No. 1 of 2009 concerning the Use of Force in Police Actions. However, in practice the
police were negligent and ignored the risks of using tear gas at the Kanjuruhan stadium.
The form of the mistake is acting without considering the dangers and threats, and not
predicting the possible consequences that will occur. Because his negligence in using
tear gas at the Kanjuruhan Stadium had a detrimental impact on other people and on the
Indonesian National Police, namely causing deaths and injuries. Due to the Kanjuruhan
incident, many of the victims' families have asked for justice for the police's actions in
the tear gas shooting at the Kanjuruhan stadium, so that the police actions in the tear gas
shooting are considered to be the triggers for the deaths and injuries that need to be held
criminally accountable.
1 Introduction
In a life, it is normal if humans are not free from
mistakes and every mistake can be held
accountable. A mistake in committing a criminal
act can be criminally responsible. The principle of
criminal responsibility is based on the principle of
guilt (geen straf zonder schuld) which explicitly
states, that there is no crime without fault,
meaning that a person can only be held criminally
responsible if he has committed an act that violates
the law. If there is no mistake in that person, then
that person cannot be held criminally
responsible. [1]
In legal theory, there are two types of
mistakes in committing a crime, namely intention
(dolus) and negligence or negligence (culpa). One
form of error that arises from human actions is
negligence (culpa). Negligence is a form of error
that arises as a result of an actor's actions that do
not meet the standards of behavior regulated by
law. [2] Negligence or negligence itself means a
lack of caution in looking ahead which causes
errors or the consequences of such negligence.
*Corresponding author: erma.rusdiana@trunojoyo.ac.id
According to D. Schaffmeister, N Keijze and
E.PH. Sutorius, the scheme of negligence or culpa
namely:
1. 1. Culpa lata that is conscious (culpa
conscious), namely conscious negligence, for
example reckless, negligent, indifferent. Where
the perpetrator is considered aware of the risk,
but hopes that bad consequences will not
occur.
2. 2. Unconscious culpa lata (culpa unconscious),
namely unconscious negligence, for example
the perpetrator lacks thought, and is unaware of
the situation and conditions at hand. Where the
perpetrator should be aware of the risk, but is
not (ignoring the risk that will occur).[2]
There are two types of culpa, namely gross
errors (culpa lata) and mild errors (culpa levissima).
The benchmarks for gross guilt or culpa lata are:
contrary to law; the consequences can be imagined;
consequences can be avoided; and his actions can
be blamed. It is said to be culpa lata if there is
serious carelessness and great carelessness.
Associated with negligence, the author raises
legal issues related to the shooting of tear gas at the
Kanjuruhan Stadium, namely after the football
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