Eddy Rifai
Lecturer of the Faculty of Law, University of Lampung
IN all of a sudden, crime emerges in this pandemic situation and attracts the public’s attention. Some mass media have reported the increase of crime of theft with violence such as robberies. They got evidence through videos and photos of the victims.
The social media group was full of caution about the rise of crime as a result of the economic sluggishness in the middle of the COVID-19 pandemic and the massive release of prisoners.
Lampost.co News, Thursday (2/4/20), Lampung Regional Office of the Ministry of Law and Human Rights (Kemenkumham) releases 2,416 prisoners, both public and children. The amount of prisoners is based on data from correctional institutions and detention centers in Lampung.
The release of prisoners is a policy of the Ministry of Law and Human Rights, which nationally frees around 36 thousand prisoners in the assimilation program to prevent the COVID-19 pandemic from entering the LP. The inmates will be at home under the supervision of officers.
The problem is, the release of large numbers of prisoners in the midst of economic slowdown due to the COVID-19 pandemic raises fears of rising crime in the community.
In classical criminology, many criminologists argue that economic factor is one of the most causes of crime. The perpetrators often declaring poverty is the leading cause of crime. Even though in the next study, there are biological factors that exist in the perpetrators and many other factors (multiple factors), economic factors remain the dominant element of the crime.
The attention of the global community can be seen from the 8th United Nations Congress in Havana in Cuba, which identifies as conducive factors causing crime such as (a) Poverty, unemployment, illiteracy (ignorance), the absence/ lack of adequate housing and the education and training system which is not suitable/ compatible; (b) An increase in the number of people who have no prospects (hopes) due to the process of social integration, also because of the deterioration of social inequalities; (c) Loosening of social and family bonding; (d) Conditions which are difficult for people to emigrate from or to cities and countries; (e) The destruction or destruction of the original cultural identity, which together with racism and discrimination causes loss/ weakness in the social, welfare and working environment; (f) Declining the quality of the urban environment that encourages increased crime and reduced services in the environment/ neighborhood facilities; (g) Difficulties for people in modern society to integrate appropriately in their community, family, workplace or school environment; (h) Misuse of alcohol, drugs, and others whose use is also needed due to the factors mentioned above; (i) Widespread of organized crime, especially drugs trafficking and the holding of stolen goods; (j) Encouragements (especially by the mass media) about ideas and attitudes that lead people to commit the violence, inequality (rights), or intolerant attitudes.
From a criminologist perspective, the study of crime has undergone a rapid development that impacts to the rise of various theories about the causes of crime. Traditionally, these theories are distinguished in (1) theories that seek the crime causes from physical aspects (criminal biology), (2) theories that seek the crime causes from psychological and psychiatric factors (criminal psychology), and (3 ) theories that seek the cause of crime from socio-cultural factors (criminal sociology).
Each of these theories has its weaknesses and strengths. They believe that the cause of crime is not merely caused by a single aspect. However, the third theory (criminal sociology) is more comprehensive because the main object of this theory is to study the relationship between the community and its members, between the community, the place, and their ethnics, between one community to another community may also lead to crime. In addition, the study also discovers the relationship between crime, age, sex, and social level in the community (based on the economic level, education, traditional position, and so forth).
According to this theory, a society can be understood and valued only through its cultural background, norms, and values. Are these cultures, norms, and values seen as good or bad, and to what extent do conflicts arise between norms and values. Then, it leads to the next question that are they often seen as the factor that increases or contributes to the emergence of crime? (IS Susanto, 1990).
Hence, in order to understand and explain the actual crime, it is necessary to discover how certain cultural aspects can influence the emergence of crime. For example, to what extent a habit of carrying a sharp weapon affects the rise of violent crime. Similarly, the other certain cultural aspects of the past were also considered as good. However, it changes as social change. This may have a significant influence on the emergence of crime and other forms of social deviation.
Criminal Politics
Therefore, the efforts to tackle crime are by overcoming the factors that cause crime, which in criminal law is known as criminal politics by making regulations (legislation) and their application as well as social welfare policies for the people.
The efforts and policies to create effective criminal law regulations cannot be separated from the purpose of overcoming crime. So, the policy or politics of criminal law is also part of criminal politics. In other words, from the perspective of criminal politics, the politics of criminal law is identical to the notion of “crime prevention policies with criminal law.”
Crime prevention efforts with criminal law are mostly part of law enforcement efforts (specifically criminal law enforcement). Therefore, it is often said that politics or criminal law policies are also part of the law enforcement policy.
Besides, efforts to tackle crime through the making of criminal law are also essential. Because it is an integral part of efforts to protect the community (social-welfare), so it is also natural that criminal policy or politics are also a vital part of social policy or politics (social policy).
Social policy can be interpreted as all rational efforts to achieve the welfare of society and, at the same time, include community protection. Hence, the sense of social policy consists of the social-welfare policy and “social defense policy.”
In essence, overcoming crime through criminal law enforcement will not be realized if there is no welfare in society. Likewise, social welfare cannot be achieved without the existence of criminal politics. ***
