PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PROVOKASI MASSA DEMONSTRASI (Studi di Polda Sultra)

Abstract

This article discusses criminal liability for provocateurs in mass demonstrations, which has become a complex phenomenon in Indonesia. Provocation during mass actions often triggers riots, contradicting the principles of democracy and freedom of expression protected by Law Number 9 of 1998 and Article 28 of the 1945 Constitution. This study employs interviews with officers from the Southeast Sulawesi Regional Police and legal document analysis, particularly Articles 160 and 161 of the Indonesian Criminal Code (KUHP) regulating incitement and dissemination of provocative writings, as well as Articles 55 and 170 concerning conspiracy and joint violence. The findings indicate that law enforcement against provocateurs faces significant obstacles such as difficulties in identifying perpetrators within crowds, lack of valid evidence, witness intimidation, and weak technical regulations. Additionally, political pressure and social stigma further complicate the legal process. This article recommends strengthening specific regulations for handling provocation, enhancing digital forensic technology and training for law enforcement personnel, as well as witness protection. By maintaining a balance between law enforcement and respect for democratic rights, it is hoped that demonstrations can proceed peacefully and constructively without compromising public security and order.