Penal and Social Aspects of Water Theft: A Case Study of Ternate City

There are many cases of water theft from the Regional Drinking Water Company, especially in Ternate City. Article 28 letter h Regional Government of Ternate City No. 28 of 2011 on the Drinking Water Service of the Ternate City Municipal Water Company prohibits taking drinking water directly from distribution pipes or service pipes without going through a water meter. This research aims to analyze legal efforts against criminal acts of theft of Drinking Water Company Ternate City water committed by customers and non-subscribers through criminal and social efforts. This empirical research uses a statutory approach and a case approach. The results showed that legal prevention of criminal acts of water theft can be done through penal efforts emphasizing repressive efforts (suppression/ eradication/extermination) and non-penal efforts emphasizing social and community efforts (prevention/anticipation/control). It is expected that the combination of criminal sanctions and social sanctions is expected to reduce the rate of water theft.


INTRODUCTION
One of the natural resources that is crucial for human beings and other creatures is "Whoever takes an item that is totally or partly owned by other people with the aim of owning that item in ways that violate other people's rights is punished with theft with imprisonment for a maximum of five years and fines with the maximum amount of Rp. 900,-(Nine hundred IDR)." Based on the text of Article 362 of the Criminal Code, the elements of theft can be identified as follows: 1.The taking of an item; 2. What is taken must be an item; 3. Other people must totally or partly own the item; 4. The taking must be carried out with the aim of owning that item in illegal ways (that violate other people's rights).
It is common for a person to be deemed as stealing if he steals liquid objects such as water from the Municipal Water Companies by connecting the Municipal Water Company's pipes without authorization for a certain instrument. 27Therefore, based on that description, we can conclude that an act is deemed as stealing if an item is taken by a person who has no rights over that object. 28 is commonly known that the characteristic of the crime of theft is that it brings economic losses to victims.In this case, it is the state (because the Ternate City Municipal Water Company's is a Regional Government-Owned Business Enterprise).
Apart from that, the debit of water flow will decrease for society in general. 29e offense of theft in this case, means that an action must occur due to the  (1) are deemed as violations or after illegal usage for a minimum of 12 months, the perpetrators are imposed with sanctions based on the measurement of the highest water usage in those years or at least 50 m 3 /month; 3.In the case of illegal installation or connection of the water flow without the approval or acknowledgement from the Municipal Water Company, the indicated installation will coercively be de-installed and the perpetrator will be sued according to the applicable legal regulations.
The factors causing water theft and its penal and social preventions are as follows: The differential association theory.This theory is influenced by three other theories, namely ecological and cultural transmission theory, symbolic interactionism, as well as cultural conflict theory.From the influences above, it can be concluded that the occurrence of this theory is based on the fact that every person will accept and acknowledge the behavioral patterns that can be carried out. 35e solution of law enforcement can be carried out for individual consumers of Municipal Water Company.The crime of water theft with a method of fraud is a crime that contains a system of wrongdoing or fraud towards a certain thing that seems to be rightful from the outside.But the reality is different from how it appears.In the concept of water meter fraud, perpetrators manipulate the measuring instrument or change the water meter, making them different from the determined standard.As a consequence, the water that enters from the tap through the water meter is not accurately detected.This brings profits for the perpetrators as the amount of water used is not according to the water bill. 36e Municipal Water Company of Ternate City has never resolved the crime of water theft through litigation.However, it is carried out through the imposition of fines and the disconnection of the network.The solution through the penal method or the criminal law process should be imposed as a strict action for water theft crimes that cause great losses.
Solutions through the social method are used because the prevention of crime can only effectively be achieved through society's extensive participation, which includes real awareness and order.
The perpetrators of water theft need to be announced to the public to create a deterrent effect.Apart from that, it is hoped that if the identity is open to the public, it will make the perpetrators feel ashamed and therefore learn a lesson. 37According to the writers, the law In this case, as efforts of crime prevention, the non-penal efforts can be imposed.Such efforts are carried out through preventive measures where steps are taken to prevent or hinder the chance for crimes to happen.
Apart from that, the policy approach needs to be taken as an effort of crime prevention, meaning that there should be harmony between criminal and social policies.

SUGGESTION
It is hoped that the combination of criminal sanctions and social sanctions in perpetrator's desire to illegally own a certain object.The act of law violation lies in owning another person's item through theft or taking another person's goods without the acknowledgement of the owner. 30Based on the description above, it can be understood that theft is a crime that happens very often.People who steal water from the Municipal Water Company are not limited to those with a lower economic background who do not have money to pay for the water flowing into their houses.There are also water theft perpetrators who have higher economic backgrounds but are unwilling to pay more than they should.
of the crime of water theft in Municipal Water Company of Ternate City by customers and non-customers may be carried out by anticipating such crimes.There are two types of law prevention efforts, namely the penal and non-penal efforts.Penal efforts are efforts to counter crimes that emphasize repressive efforts (oppression/eradication/ elimination) after the crime has happened.Meanwhile, Non-Penal Efforts are efforts to counter crimes that emphasize social and communal efforts (prevention/anticipation/ control), which is different from criminal law.
criminal policies encompass penal policies (or the criminal law application) and non-penal policies (without the application of the criminal law).CONCLUSION Based on the discussion of the research results, the law prevention of the crime of water theft in Municipal Water Company of Ternate City by customers and non-customers may be carried out by preventive and repressive measures for such crimes (water theft).There are two types of law efforts, namely the penal and non-penal efforts.Penal efforts are efforts to counter crimes that emphasize repressive efforts (oppression /eradication/ elimination) after the crime has happened.Meanwhile, non-penal efforts are efforts to counter crimes that emphasize
Fadli Mahda, The Head of the Customer Relations Sector of the Municipal Water Company of Ternate City, personal communication, 23 Mei 2023.