IMMIGRATION LAW ENFORCEMENT ON THE IMPLEMENTATION OF THE FOREIGNER MONITORING TEAM IN BEKASI

Abstract

Crime victims, especially those of violent offenses such as robbery, are often 
confronted with a paradoxical legal dilemma. The spontaneous act of pursuing 
the perpetrator to recover stolen property frequently results in the 
criminalization of the victim, particularly when such pursuit causes physical 
harm to the offender and is charged under the negligence provisions of the Road 
Traffic Law. This study aims to analyze the legal construction of victim-initiated 
pursuit and to examine the applicability of criminal liability exclusions, 
specifically the doctrine of self-defense ( noodweer ), to such defensive actions. 
Employing a juridical normative method with statutory and conceptual 
approaches, this research uses the Sleman Case as a factual touchstone. The 
findings indicate that victim-initiated pursuit may, under certain conditions, be 
understood as part of citizen participation in apprehending an offender caught 
in the act, as recognized under Article 111 of the Criminal Procedure Code. Such 
pursuit does not automatically constitute culpable negligence under traffic law, 
as it must be assessed through the elements of fault, proportionality, and the 
context of an ongoing unlawful attack. A strict legalistic enforcement against 
victims risks producing secondary victimization, making the cautious and 
conditional application of restorative justice and progressive legal reasoning 
indispensable to achieving substantive justice .