CONFLICT OF NORMS IN IMPLEMENTING FINES FOR CURRENT THEFT ELECTRICITY IN THE INDONESIAN LEGAL SYSTEM BASED ON THE PERSPECTIVE OF JUSTICE

Abstract

The purpose of this study is to analyze the legal provisions for the crime of electricity theft based on statutory regulations and to analyze the ideal concept of fines against companies committing electricity theft from a justice perspective. The method used is normative legal research. Based on the research results, it is known that the legal provisions for the crime of electricity theft based on statutory regulations are implemented through two mechanisms: an administrative or civil mechanism and a criminal mechanism. Administrative regulation is implemented through the Regulation of Electricity Usage (P2TL) which is based on Article 17 of the Regulation of the Minister of Energy and Mineral Resources Number 27 of 2017 as amended by the Regulation of the Minister of Energy and Mineral Resources Number 18 of 2019 and followed up through the Regulation of the Board of Directors of PT PLN (Persero) Number 028 of 2023 which has been ratified through the Decree of the Director General of Electricity Number 539.K / TL.04 / DJL.3 / 2023. In its implementation, PT PLN (Persero) has the authority to impose additional bills for violations of P1, P2, P3, and P4 as a form of recovery of losses due to unauthorized use of electricity. From a criminal aspect, the regulation of the crime of electricity theft is regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity which stipulates that anyone who uses electricity that is not their right in an unlawful manner is threatened with a maximum prison sentence of seven years and a maximum fine of Rp. 2,500,000,000.00. The enforcement of this criminal law is carried out by the Indonesian National Police and Civil Servant Investigators (PPNS), while the authority to impose criminal penalties rests with the court. Thus, the administrative process through P2TL and the criminal process are two different mechanisms, but both can be applied simultaneously to one incident of electricity theft because they have different legal objectives, namely recovering losses and providing a deterrent effect on the perpetrator. The ideal concept of fine sanctions against companies that commit the crime of electricity theft from a justice perspective is that they should no longer use the maximum fine criminal system as regulated in Article 51 paragraph (3) of Law Number 30 of 2009 concerning Electricity. These provisions do not fully reflect the principle of justice because they do not differentiate between the amount of electricity used illegally, the amount of losses incurred, the profits obtained by the perpetrator, or the perpetrator's status as a household or business customer. Therefore, the ideal criminal fine regulation should be formulated based on the classification of the amount of electricity used, the amount of losses experienced by PT PLN (Persero), the amount of profit obtained by the perpetrator, and the level of culpability. Therefore,companies that illegally use large amounts of electricity and generate substantial profits may be subject to heavier fines than perpetrators with less serious violations.