LEGAL MEMORANDUM
PENDAPAT HUKUM TENTANG PETUGAS YANG TURUT SERTA MELAKUKAN PENGAMBILAN LISTRIK TANPA IZIN BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2009 TENTANG KETENAGALISTRIKAN
Electricity is indirectly one of the basic needs of society for daily activities
such as using lamps for lighting, using computers for work, and even for industry.
However, there is one problem in terms of electricity, this problem is that many
people cheat by stealing electricity to get electricity at cheap or even uncountable
costs, such as by connecting electricity to other consumers, this actually harms other
consumers. When the need for electrical energy is not met, everything is done to
ensure that the need for electrical energy remains available. The method used is theft
of electric current, as in one of the cases that happened to Mr Suparman as a victim
of electric theft. Based on this, it is necessary to provide a legal opinion regarding
the mechanism for submitting a report of a criminal act that can be carried out by the
victim and the responsibility of the perpetrator for the act of taking electricity without
permission assisted by contract employees of the State Electricity Company (PLN) as
well as solutions that can be taken by the victim against the perpetrator for the act of
taking electricity without permission.
The analytical tool used in the research is legal interpretation with the
process of giving meaning by referring to the rules contained in the law using
extensive interpretation, authentic interpretation and systematic interpretation.
The results of the research explain that efforts to hold perpetrators
accountable, both on the part of consumers and employees who help and participate
in carrying out acts of electricity theft, are subject to Article 51 paragraph 3 of Law
Number 30 of 2009 concerning Electricity in conjunction with Article 55 of the
Criminal Code relating to inclusion (Deelneming) with a maximum prison sentence. 7
years and a maximum fine of Rp. 2,500,000,000,- (Two Billion Five Hundred Million
Rupiah) and a maximum penalty for employees who assist in committing criminal
acts is 4 years and 8 months because this is calculated as responsibility for
perpetrators who play a role in assisting criminal acts in accordance with 57 of the
Criminal Code and with additional threats The punishment for the company is a
letter of summons and even dismissal of the job. Efforts to take responsibility for
companies that have employed employees who help commit criminal acts of theft are
to issue two types of sanctions, namely giving a warning letter and summons 1 to 3
times and dismissal of work, because the process carried out by the company will be
held accountable in accordance with the laws and policies in force at the electricity
company. state and the solution that can be taken by the victim is to report a
complaint to the State Electricity Company and ask for compensation for the losses
they have experienced.
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