Law Enforcement Against Police Officers Who Commit Illegal Levies in East Kalimantan Regional Police Jurisdiction

Abstract

This research examines criminal law enforcement mechanisms against police officers who commit illegal levies within the East Kalimantan Regional Police jurisdiction. Using a juridical sociological methodology with a descriptive analytical approach, the study investigates the legal framework governing police misconduct and identifies systemic obstacles impeding effective enforcement. The research reveals that criminal law enforcement operates through a dual-track system combining criminal prosecution under the Criminal Code and Anti-Corruption Law with internal disciplinary proceedings. Two paradigmatic cases demonstrate contrasting prosecution approaches: Officer E's systematic extortion involving multiple victims prosecuted under Articles 368, 423 KUHP, and Article 12(e) of the Anti-Corruption Law, and Officer JB's more ambiguous illegal levy collection requiring nuanced legal interpretation of coercion elements. The study identifies critical obstacles, including inadequate internal oversight mechanisms, a pervasive institutional culture prioritizing corporate solidarity over legal accountability, economic pressures motivating illegal conduct, victim reluctance to report misconduct due to power imbalances and fear of retaliation, and distinctive evidentiary challenges arising from the clandestine nature of illegal levy transactions. The research concludes that effective criminal law enforcement requires comprehensive institutional reforms addressing surveillance capabilities, witness protection mechanisms, organizational culture transformation, and enhanced evidentiary protocols to ensure police accountability and maintain public trust in law enforcement institutions.