TINJAUAN YURIDIS NORMATIF PENGATURAN TINDAK PIDANA PERUSAKAN FISIK DAYA TARIK WISATA PASCA BERLAKUNYA UU CIPTA KERJA

The criminal provisions for physical destruction of tourist attractions contained in Article 64 of Law Number 10 Year 2009 were abolished with the enactment of the Job Creation Law. This is interesting, because the abolition causes uncertainty about the legal rules imposed on the perpetrator, while there are cases that resolve the problem through mediation. This research uses normative research methods with the aim of knowing the arrangements along with alternative solutions to criminal acts of physical destruction of tourist attractions in Indonesia after the enactment of the Job Creation Law. The results show that the regulation of physical criminal acts of tourist attractions refers back to the Criminal Code. The alternative settlement that can be taken prioritizes administrative law settlement and civil law before criminal law settlement, because criminal settlement is considered not to provide justice to the parties and ignore the improvement of the object of destruction. This study concludes that until 2025, criminal provisions against perpetrators of physical destruction of tourist attractions can be applied based on Article 170 of the Criminal Code sub. Article 406 of the Criminal Code and in the following year, based on Article 521 of Law Number 1 Year 2023. While the alternative solutions that can be taken consist of administrative remedies, civil remedies, and terminating criminal remedies. This study suggests the need for affirmation of rules related to sanctions and limits on losses incurred by the perpetrator, which are specifically regulated in the tourism law and the need for an active role of law enforcement officials and interested parties to maximize case settlement by referring to the function of criminal law as an ultimum remedium.