CRIMINALIZATION OF CIVIL DISPUTES AS A FORM OF ABUSE OF POWER IN LAW ENFORCEMENT

Abstract

The criminalization of civil disputes has become one of the major issues in the Indonesian law enforcement system. This phenomenon occurs when disputes arising from contractual relationships, particularly breaches of contract, are processed through criminal law mechanisms under allegations of fraud or embezzlement. Such practices create legal uncertainty by blurring the distinction between civil and criminal law. Furthermore, the use of criminal law as a tool to resolve contractual disputes potentially constitutes an abuse of power by law enforcement officers and contradicts the principle of ultimum remedium.This study employs normative legal research supported by empirical data using statutory, conceptual, and case approaches. Primary legal materials include the Indonesian Criminal Code, Civil Code, Criminal Procedure Code, and Supreme Court Decision Number 358 K/Pid/2020. The analysis applies legal certainty theory, law enforcement theory, legal protection theory, and authority theory through qualitative juridical analysis.The study concludes that the criminalization of civil disputes may constitute an abuse of power whenever criminal law is applied to contractual relationships lacking criminal intent (mens rea). Such practices undermine legal certainty, weaken legal protection, reduce public trust in the justice system, and negatively affect the investment climate. Therefore, stronger legal guidelines distinguishing civil disputes from criminal offenses, consistent implementation of the ultimum remedium principle, improved professionalism of law enforcement officers, and comprehensive legal education are necessary to ensure fair law enforcement.