The Effectiveness Of Criminal Law Under The Indonesian Criminal Code In Addressing Illegal Levy Cases On The West Cross Road Of North Bengkulu In Batik Nau Village

Abstract

Illegal levies constitute a form of unlawful conduct that continues to occur in various regions and causes both economic and social harm to the public. The practice of illegal levies along the West Cross Road in North Bengkulu, particularly in Batik Nau Village, has become a matter of concern because it disrupts the activities of local communities and road users. This study aims to examine the application of the Indonesian Criminal Code (KUHP) to criminal acts involving illegal levies in Batik Nau Village and to analyse the factors affecting the effectiveness of its implementation. This study employed an empirical legal research method with a descriptive qualitative approach. Data were collected through interviews with police officers and members of the local community and were supported by secondary data in the form of legislation, books, journal articles, and relevant documents. The data were analysed qualitatively by relating the empirical findings to legal effectiveness theory and law enforcement theory. The findings indicate that criminal law has been applied to cases of illegal levies in Batik Nau Village through law enforcement measures, supervision, and guidance conducted by the competent authorities. Nevertheless, the application of criminal law has not yet achieved an optimal level of effectiveness. Although the incidence of illegal levies has declined and no such practices were identified during the research period, several obstacles continue to affect the effectiveness of law enforcement. These include the low level of public legal awareness, limited monitoring facilities, insufficient public participation in reporting violations, and inadequate coordination among law enforcement agencies. Based on Lawrence M. Friedman’s legal system theory and Soerjono Soekanto’s law enforcement theory, these conditions indicate that the elements of legal structure and legal culture have not functioned optimally. Therefore, it can be concluded that the application of criminal law to illegal levies in Batik Nau Village has not been fully effective and requires further improvements in supervision, inter-agency coordination, and public legal awareness.