NON-PENAL POLICY PRACTICES IN WATER THEFT CRIMES: A CASE STUDY OF THE REGIONAL PUBLIC WATER COMPANY TIRTA KAMUNING IN KUNINGAN REGENCY

Abstract

The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.The crime of water theft in the Perumda Air Minum Tirta Kamuning area of Kuningan Regency continues to increase and is mostly committed by people from economically disadvantaged groups. The existing regulations, particularly Regional Regulation Number 2 of 2021, only emphasize a penal approach through the threat of criminal charges or fines, without considering the socio-economic conditions of the perpetrators and providing no room for non-penal solutions. This study aims to examine the underlying considerations for the implementation of non-penal policies and to analyze their practical application in handling water theft offenses in the jurisdiction of Perumda Air Minum Tirta Kamuning. This research uses a normative juridical method supported by empirical data obtained through interviews with the Branch Service Head of Perumda Air Minum Tirta Kamuning. Secondary data were obtained from laws and regulations, literature, and internal company documents. The analysis was conducted qualitatively by comparing the normative framework with field practices. The research results indicate that economic factors, low legal awareness, and weak supervision are the main drivers of water theft. Penal approaches are considered ineffective because they have the potential to worsen social conditions and do not address the root of the problem. In contrast, non-penal practices such as mediation, empowerment, payment relief schemes, and legal counseling have been proven to be more humane, adaptive, and provide greater benefits to both the community and companies.  This study emphasizes the need for formal regulation regarding the scope of non-penal policies in Regional Regulations so that their implementation has a strong legal basis and can be optimally applied.