Responsibility of Criminal Act in the Theft of Ancient Objects in Conjunction with Article 362 of Penal Code and Law Number 10 of 2010 on Heritage

Abstract

Archaeological object is an object that is of high historical value so that it becomes one of the state's assets and cannot be denied if archaeological objects become one object the theft of high value. Criminal law itself consists of norms that contain imperatives and prohibitions (by the legislators) were associated with a sanction in the form of punishment that is an affliction that is special. This study aims to determine criminal responsibility in the crime of theft of objects of ancient by the Code of Criminal Law and Law No. 11 of 2010 Concerning the Cultural Heritage and know the duties and functions of the manager of the museum in order to avoid the crime of theft of cultural objects. This research was conducted using normative juridical research method is the exposure to the action that contains elements of criminal acts committed by a person and systematically describe the applicable laws and regulations associated with the theory of law. Data collected by studying literature, i.e. of regulatory legislation, research, books, literature, law and other legal scientific work. Based on the survey results revealed that the presence of the adage lex specialis derogat lex generalis, the provisions that are used in the case of theft of objects of cultural heritage is Law No. 11 Year 2010 About the Objects of Cultural namely in Article 106 prejudice to the provisions in article 362 Criminal Code theft. While the Law No. 11 Year 2010 About the Objects of Cultural governing the duties and functions of museums should be effectively implemented so that what has been regulated by law can be applied by the manager of the museum in order to avoid any damage, lost, damaged and more.