Criminal Law Policy on the Crime of Abuse to the Orang Rimba in the Bukit Duabelas National Park

摘要

The phenomenon of the persecution of the Orang Rimba by people from outside the Orang Rimba tribe which suggests that legal justice cannot be upheld as it should be in an environment of isolated tribal communities. This study aims to determine the legal understanding of the Orang Rimba community around the Bukit Duabelas National Park regarding criminal acts of persecution carried out by people from outside the Orang Rimba Tribe towards their members, factors that in hibit criminal law enforcement, and criminal law policies that can be adapted to provide legal protection against the Orang Rimba from persecution crimes committed by people from outside the Orang Rimba Tribe in the future. The results showed that according to the legal understanding of the Orang Rimba community if there was a conflict with an outside party accompanied by crimes of mistreatment against members of the Orang Rimba community, it was considered as a disturbance to the balance of social life. Orang Rimba considers that external social control in the form of customary fines is too easy to fulfill. Therefore, to increase the deterrent effect for people from outside the Orang Rimba tribe as the perpetrators of the persecution of their members, the Orang Rimba wants a criminal justice system that has an instrument of imprisonment to be applied as a compliment. Factors that hinder law enforcement in this crime of persecution include both juridical and non-juridical fields. The results of this study recommend that the protection of isolated tribal communities should be realized by providing special legal assistance and making advocacy programs for the Orang Rimba tribe so that disruption to them can be prevented preventively.