Education and awareness are key to overcoming internal barriers

Oct 13, 2025 by wbrum.org 143 views

Analysis of Law Enforcement Against Criminal Acts Does Not Report the Discovery of Cultural Heritage Objects Based on Law No. 11 of 2010 Concerning Cultural Heritage (A Study in Banda Aceh City)

Introduction

In the midst of efforts to protect cultural heritage, law enforcement against criminal acts related to cultural heritage is very important. Law Number 11 of 2010 concerning Cultural Heritage regulates criminal sanctions for every violation committed against cultural heritage. One type of violation is the crime not reporting the discovery of cultural heritage objects, which are regulated in Article 23 paragraph (1), Article 26 paragraph (4), and Article 102 and Article 103. This research focuses on the city of Banda Aceh, with the main question regarding actions categorized as criminal offenses in the law. In addition, this research also identifies obstacles in the application of criminal sanctions for violations not reporting the discovery of cultural heritage objects, as well as criminal accountability that should be applied.

Criminal Acts in Law No. 11 of 2010

In Law No. 11 of 2010, criminal acts related to cultural heritage are listed in Article 101 to Article 112. These articles explain various actions that can be subject to sanctions, including non-compliance in reporting the discovery of cultural heritage objects. The discovery of these objects should be reported to the authorities, but in practice, many residents do not carry out these obligations. This raises challenges in protecting and managing cultural heritage. The importance of reporting cultural heritage objects cannot be overstated, as it is crucial for the preservation and protection of these valuable assets.

Constraints of Implementing Criminal Sanctions

This study found that there were two types of obstacles in the application of criminal sanctions on criminal acts of not reporting the discovery of cultural heritage objects in Banda Aceh, namely:

Internal Barriers: This includes a lack of community understanding of the importance of reporting the discovery of cultural heritage objects. Many individuals do not know that their actions are included in the category of crime. Lack of education and lack of counseling about cultural heritage causes a lack of reports to the authorities. Education and awareness are key to overcoming internal barriers, and it is essential to provide the community with the necessary knowledge and understanding of the importance of reporting cultural heritage objects.
External Barriers: The Government of Aceh through the Department of Tourism and Culture implements local regulations, namely Qanun Aceh Number 10 of 2007 concerning Baitul Mal. In Article 19 paragraph 8, this qanun provides relief for citizens who find treasure, including cultural heritage objects, to be able to benefit from these findings, which should be reported. This creates overlapping law, where national law is not fully implemented. The application of the Derogat Lex Generalis Lex Specialis Principle is also a reason where the law is more specific to rule out general law. External barriers can be overcome through effective communication and coordination between national and local authorities, ensuring that both laws are implemented consistently and effectively.

Criminal Accountability

Criminal accountability for the action of not reporting the discovery of cultural heritage objects should be upheld in accordance with the provisions of Law No. 11 of 2010. However, with the existence of local regulations governing the management of the findings of cultural heritage objects, law enforcement becomes complex. National law should still be valid, but obstacles from local regulations create problems for law enforcers. Criminal accountability is essential for upholding the rule of law and protecting cultural heritage, and it is crucial to ensure that both national and local authorities are working together to enforce the law effectively.

Conclusion

In conclusion, this study highlights the importance of law enforcement against criminal acts related to cultural heritage in Banda Aceh City. The discovery of cultural heritage objects should be reported to the authorities, but in practice, many residents do not carry out these obligations. This raises challenges in protecting and managing cultural heritage. Understanding the obstacles in implementing criminal sanctions is crucial for effective law enforcement, and it is essential to provide the community with the necessary knowledge and understanding of the importance of reporting cultural heritage objects. By understanding these obstacles, it is hoped that there will be steps that can be taken to increase public awareness and more effective law enforcement of criminal acts not reporting the discovery of cultural heritage objects.

Recommendations

Based on the findings of this study, the following recommendations are made:

Increase public awareness: It is essential to increase public awareness regarding the importance of reporting cultural heritage objects. This can be achieved through education and counseling programs, as well as through the use of media and other communication channels.
Improve law enforcement: Law enforcement agencies should be equipped with the necessary resources and training to effectively enforce the law and protect cultural heritage.
Coordinate national and local authorities: It is essential to ensure that both national and local authorities are working together to enforce the law effectively and consistently.
Review local regulations: Local regulations governing the management of the findings of cultural heritage objects should be reviewed to ensure that they are consistent with national law and do not create overlapping law.

By implementing these recommendations, it is hoped that there will be a significant improvement in the enforcement of the law and the protection of cultural heritage in Banda Aceh City.
Frequently Asked Questions (FAQs) About Law Enforcement Against Criminal Acts Does Not Report the Discovery of Cultural Heritage Objects Based on Law No. 11 of 2010

Q: What is the main purpose of Law No. 11 of 2010 concerning Cultural Heritage?

A: The main purpose of Law No. 11 of 2010 concerning Cultural Heritage is to regulate criminal sanctions for every violation committed against cultural heritage, including the crime of not reporting the discovery of cultural heritage objects.

Q: What are the consequences of not reporting the discovery of cultural heritage objects?

A: The consequences of not reporting the discovery of cultural heritage objects can include fines, imprisonment, and other penalties as specified in Law No. 11 of 2010.

Q: What are the obstacles in implementing criminal sanctions for violations not reporting the discovery of cultural heritage objects?

A: The obstacles in implementing criminal sanctions for violations not reporting the discovery of cultural heritage objects include internal barriers, such as a lack of community understanding of the importance of reporting cultural heritage objects, and external barriers, such as overlapping law and conflicting regulations.

Q: How can internal barriers be overcome?

A: Internal barriers can be overcome through education and awareness programs, as well as through the use of media and other communication channels to inform the community about the importance of reporting cultural heritage objects.

Q: How can external barriers be overcome?

A: External barriers can be overcome through effective communication and coordination between national and local authorities, ensuring that both laws are implemented consistently and effectively.

Q: What is the role of law enforcement agencies in protecting cultural heritage?

A: Law enforcement agencies play a crucial role in protecting cultural heritage by enforcing the law and preventing the destruction or removal of cultural heritage objects.

Q: How can the public contribute to the protection of cultural heritage?

A: The public can contribute to the protection of cultural heritage by reporting the discovery of cultural heritage objects, providing information about the location and condition of cultural heritage objects, and supporting law enforcement agencies in their efforts to protect cultural heritage.

Q: What are the benefits of protecting cultural heritage?

A: The benefits of protecting cultural heritage include preserving the cultural identity and heritage of a community, promoting cultural diversity and understanding, and supporting economic development through tourism and other cultural activities.

Q: How can the government and local authorities work together to protect cultural heritage?

A: The government and local authorities can work together to protect cultural heritage by coordinating their efforts, sharing resources and expertise, and implementing consistent and effective policies and regulations.

Q: What are the consequences of not protecting cultural heritage?

A: The consequences of not protecting cultural heritage can include the loss of cultural identity and heritage, the destruction of cultural heritage objects, and the negative impact on economic development and cultural diversity.

Q: How can the public get involved in protecting cultural heritage?

A: The public can get involved in protecting cultural heritage by participating in community-based initiatives, supporting cultural heritage organizations, and advocating for the protection of cultural heritage through social media and other channels.

Q: What are the next steps in protecting cultural heritage in Banda Aceh City?

A: The next steps in protecting cultural heritage in Banda Aceh City include increasing public awareness, improving law enforcement, coordinating national and local authorities, and reviewing local regulations to ensure that they are consistent with national law and do not create overlapping law.