KUALIFIKASI TINDAK PIDANA VANDALISTIC TERHADAP BANGUNAN CAGAR BUDAYA DI KOTA SURABAYA

Vandalistic / Graffiti is an act done by spraying liquid filled with color paint to paint on certain objects, such as the walls of buildings, buildings, bridges, and others. Cultural Heritage is regulated in Law Number 11 of 2010 concerning Cultural Heritage. Criminal provisions regarding protection if the Cultural Heritage is damaged will be subject to administrative sanctions and criminal sanctions, but these provisions are not too much attention by Vandalists and so on.
This study describes normative research using the statutory approach. In using the statutory approach to further examine the criminal provisions used in Law No. 11 of 2010 concerning Cultural Heritage, related to answering the formulation of the problem, whether Vandalistic acts on Cultural Heritage Buildings can be qualified as Criminal Acts or not. The legal material used is using primary legal materials namely Law Number 11 of 2010 concerning Cultural Heritage, Regional Regulation Number 5 of 2005 concerning Preservation of Buildings and / or Cultural Heritage Environment. While the secondary legal material used is using secondary legal materials books, articles, legal journals and others.
The results of the study show that in Law No. 11 of 2010 concerning Cultural Heritage, linking it to criminal provisions is then juxtaposed to cases that occur. In the criminal provisions stipulated in Law No. 11 of 2010 concerning Cultural Heritage does not explain in detail the meaning of the damaging word, but the meaning of damage can be interpreted Systematically as the destructive meaning referred to in Article 405 of the Criminal Code (KUHP ) and the results of the analysis carried out are Vandalistic actions on Cultural Heritage Buildings based on Law Number 11 of 2010 concerning Cultural Heritage cannot qualify as Criminal Actions because of the existence of elements of such damage that are not fulfilled.

Keywords: Vandalism, Cultural Heritage.