Kriminalisasi Aktivitas Geng Motor dalam KUHP Baru: Antara Ketertiban Umum dan Pemidanaan Rehabilitatif

Abstract

Motorcycle gang activities are a form of street crime that often causes disturbances to public order through acts of violence, intimidation, demolition, and destruction of public facilities. The presence of Law Number 1 of 2023 concerning the Criminal Code brings a change in the criminal paradigm that emphasizes corrective, rehabilitative, and restorative aspects. However, the New Criminal Code does not explicitly regulate motorcycle gangs as a special criminal offense, thus raising questions about the basis of criminalization and criminal liability. This study aims to analyze the qualifications of motorcycle gang activities as criminal acts that disturb public order, forms of criminal responsibility against leaders and group members based on the theory of participation, and the regulation of criminal sanctions in the perspective of modern criminality. This study uses normative juridical methods with legislative, conceptual, and analytical approaches. The results of the study show that the criminalization of motorcycle gang activities in the New Criminal Code is still based on concrete acts that meet the elements of delicacy, not on the identity of the group. In addition, the theory of participation allows criminal liability to be imposed not only on the direct perpetrator, but also on the party who moves, commands, or participates in criminal acts. In the criminal aspect, the New Criminal Code provides space for the application of proportionate sanctions through a combination of criminal and rehabilitative actions to support the protection of public order as well as the purpose of fostering perpetrators. Thus, law enforcement against motorcycle gangs must be carried out carefully to remain in line with the principles of legality and the orientation of modern criminality.