The sounds of the Eid al-Fitr “takbir”
and the festivities of the Posepa’a traditional festival on Wednesday, April
10, 2024, instantly gave way to horror in Liya Togo Village, South Wangi-Wangi
District. Right next to the stone wall of the Liya Keraton Mosque, a
historic cultural heritage site designated as a priority International Tourism
Strategic Area, a bloody murder was carried out cold-blooded. The defendant,
LM, along with his brother, had armed themselves with a 42.7 cm-long badik
knife from their home. For approximately 30 minutes, the defendant leaned
against the palace’s stone wall while watching the movements of the victim, K
(deceased), until the moment arrived: a deadly attack was launched from behind
without mercy. This heartbreaking tragedy was not merely a momentary outburst
of emotion, but rather the culmination of a cycle of inter-family vendetta that
has been passed down through generations since 2021.
This tragic incident at the open
cultural gathering space in Wakatobi Regency serves as a stark reminder of just
how fragile social order can be in the absence of a robust legal framework.
Mochtar Kusumaatmadja, one of Indonesia’s leading legal thinkers,
systematically links the law to the structure of societal development, social
order, and the demands of national renewal. Through his Theory of Developmental
Law, Mochtar views the law not merely as a set of rigid legal provisions
(analytical positivism), but as a functional instrument as well as an
integrated process and institutional framework that operates tangibly within
society (law as a tool of social engineering). Law serves a dual function: as a
stabilizer that maintains order and certainty, and as a catalyst for the
renewal of social behavior within society. Without a robust, authoritative, and
functional legal system, social relations at the grassroots level are
vulnerable to descending into endless communal violence and anarchy, the
condition Thomas Hobbes described as “homo homini lupus” and “bellum
omnium contra omnes.” In the context of the Indonesian archipelago, clashes
between the dynamics of local traditions and national law frequently test the
integrity, authority, and credibility of the judiciary in guaranteeing the
protection of citizens’ right to life and sense of security, as mandated by the
Constitution and international human rights instruments.
This reality finds its moment for
critical reflection on the occasion of the 81st Anniversary of the Independence
of the Republic of Indonesia, which champions the vision of “A Sovereign, Just,
and Prosperous Indonesia,” as well as the 81st Anniversary of the Supreme Court
of the Republic of Indonesia, themed “A Noble Judiciary, a Prosperous
Indonesia.” The sovereignty, justice, and prosperity of a nation cannot be
achieved if strategic sectors that underpin the people’s economy, such as the
regional tourism industry continue to be plagued by fear stemming from fatal
crimes and latent violent conflicts. This is where the institutional test of
the judicial branch lies: How to realize a noble judiciary that is credible and
firm in imposing proportionate criminal penalties, while simultaneously
fostering a sense of justice within society so that murder cases no longer
recur in the peaceful land of Wakatobi in the future.
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In addressing the complexities of
the case at Keraton Liya, all levels of the judiciary have demonstrated high
judicial integrity and dedication in uncovering the material truth. The
Wangi-Wangi and Southeast Sulawesi High Courts laid a solid foundation of
factual evidence, subsequently reaffirmed through the judicial leadership of
the Supreme Court of the Republic of Indonesia at the cassation level by
increasing the defendant's sentence to 16 years in prison to reflect true
proportionality and restore public trust.
Although the verdict is final and
binding, fatal crimes against human life require a comprehensive critical
analysis, spanning substantive criminal law doctrine, state-led risk
prevention, and grassroots harmonization:
Firstly, under Article 459 of Law
No. 1 of 2023 (the National Criminal Code), premeditated murder (moord)
establishes precise evidentiary standards. The doctrine of premeditated intent
(dolus premeditatus) was fully established when the Defendant prepared a
weapon at home and utilized a 30-minute interval at the palace fortress as
sufficient time (spatium temporis) to abandon the intent, yet chose
execution in a calm state (uitvoering in kalmte). Past disputes need not
be proven as core elements, but aid judges in sentencing severity.
Secondly, to ensure legal
certainty, Article 459's objective elements should guide the Supreme Court via
a Supreme Court Circular Letter (SCCL), drawing on Singapore's Penal Code
Section 300 casuistic model to grade mens rea consistently.
Third, criminal punishment alone
is insufficient. From contemporary criminal policy, murder stems from five risk
factors: protracted grievances, lethal weapon availability, vulnerable
encounters, weak local oversight, and perceived impunity. Implementing a
Pre-Lethal Criminal Policy is vital through conducting lethality assessments as
early warnings, tightening bladed weapon controls in public and tourist spots,
strengthening traditional guardianship through community leaders, and
eliminating perceived impunity with prompt enforcement.
Fourth, from Development Law
Theory, firm rulings stabilize public order. Wakatobi's creative economy relies
on marine tourism, requiring absolute public safety to protect regional
diplomacy and economic stability. And the last, complementing individual
punishment, state law must harmonize with community "living law"
(Article 2 of the National Criminal Code). Integrating state justice with Sara
traditional leaders restores brotherhood through Wakatobi philosophies like poangka-angkataka
(mutual respect), popiara-piara (mutual care), and poma-masiaka
(mutual love), permanently breaking conflict cycles.
Honoring the 81st anniversaries
of the Republic of Indonesia and the Supreme Court reminds us that a sovereign,
just, and prosperous Indonesia is rooted in a noble judiciary, one that
fiercely upholds legal credibility while wisely integrating community peace for
Wakatobi's prosperous future. (nv)
References
Kusumaatmadja, M. (1976). Hukum, Masyarakat,
dan Pembinaan Hukum Nasional. Bandung: Binacipta.
Kusumaatmadja, M. (2002). Konsep-Konsep Hukum
dalam Pembangunan: Kumpulan Karya Tulis. Bandung: Alumni.
Lembaga Adat Keraton Liya &
Pemerintah Kabupaten Wakatobi. (2024). Falsafah dan Pranata Adat Sara Wakatobi:
Nilai Luhur Poangka-angkataka, Popiara-piara, dan Poma-masiaka dalam Harmoni
Sosial. Wakatobi: Dokumen Kebudayaan Daerah.
Mahkamah Agung Republik Indonesia. (2025).
Putusan Kasasi Nomor 190 K/Pid/2025.
Pengadilan Negeri Wangi-Wangi. (2024). Putusan
Pengadilan Negeri Nomor 13/Pid.B/2024/PN Wgw.
Pengadilan Tinggi Sulawesi Tenggara. (2024).
Putusan Banding Nomor 144/PID/2024/PT KDI.
Republik Indonesia. Undang-Undang Nomor 1 Tahun
2023 tentang Kitab Undang-Undang Hukum Pidana (KUHP Nasional).
Baca Juga: Menjaga Independensi Hakim di Era AI: Batas Etika Penggunaan AI dalam Peradilan
Sinergi: Jurnal Ilmiah Multidisiplin. (2026).
Analisis Perbandingan Kebijakan Kriminal Pencegahan Pembunuhan. Sinergi :
Jurnal Ilmiah Multidisiplin, 2(6), 2883–2901.
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