Kajian Ilmiah Hukum dan Kenegaraan

Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City

Khairul Riza, Irpan Husein Lubis — Thu, 11 Dec 2025 00:00:00 +0700

Purpose: This study aims to analyze the criminal law aspects and modus operandi of illegal cigarette smuggling in Batam City, as well as to assess the effectiveness of law enforcement based on the applicable legal regulations in Indonesia.

Methodology/approach: The research uses a normative juridical method with a statutory and case approach, supported by primary data collected through interviews with law enforcement officials and secondary data from relevant legal documents and literature.

Results/findings: The findings reveal that illegal cigarette smuggling in Batam is carried out through non-official sea routes using high-speed boats, falsification of customs documents, and well-organized distribution networks. Despite existing laws such as Law No. 39 of 2007 on Excise and Law No. 17 of 2006 on Customs, enforcement remains weak due to limited surveillance and involvement of corrupt individuals.

Limitations: This study is limited to the case of Batam City and does not cover other regions facing similar smuggling issues.

Contribution: The research provides a legal analysis and practical recommendations for strengthening enforcement mechanisms and regulatory reforms in combating smuggling crimes. The novelty of this research lies in the systematic mapping of the patterns of illegal cigarette smuggling networks in Batam, which is examined integrally through the perspective of criminal law and a law enforcement approach based on national regulations.

Copyright Certification of Son Horek Works in East Java: Social Impact and Legal Implications

Rahayu Sri Utami, Moch. Gufron Fajar Rezki — Tue, 24 Feb 2026 00:00:00 +0700

Purpose: This study examines the legal approval of copyright over Son Horek, a traditional cultural expression originating from indigenous communities in East Java, and analyzes its socio-cultural and legal implications. The research focuses on how the transformation of Son Horek into a commercial product has triggered ownership claims that marginalize indigenous communities as the original collective custodians.

Methodology/Approach: This study adopts a juridical-normative and sociological approach. It analyzes Indonesian Copyright Law No. 28 of 2014 and examines its application to traditional cultural works. The research also incorporates socio-legal perspectives to assess the impact of copyright recognition on indigenous communities and their cultural practices.

Results/Findings: An imbalance exists between individual legal rights and collective indigenous rights, causing unfair recognition, cultural distortion, and the risk of criminalization.

Conclusions: The study reveals a mismatch between individual-based copyright law and the collective nature of Son Horek, thereby marginalizing indigenous communities.

Limitations: This study is normative and socio-legal in nature and does not include empirical field surveys or quantitative measurements. Future studies may strengthen the analysis through ethnographic research and participatory methods involving indigenous stakeholders.

Contributions: This study contributes to legal and cultural scholarship by offering a critical perspective on the protection of traditional cultural expressions. It emphasizes the need for an inclusive, contextual, and justice-oriented legal framework that integrates the principle of interlegality and strengthens the role of customary institutions in recognizing collective cultural rights.

Transformation of Indonesia’s Licensing System: A Juridical Analysis of Risk-Based Approach Implementation in Practice

Tue, 24 Feb 2026 00:00:00 +0700

Purpose: This study aims to analyze the legal basis, implementation, and challenges of Risk-Based Business Licensing (Perizinan Berusaha Berbasis Risiko/PBBR) as regulated in Government Regulation Number. 28 of 2025 in Indonesia.

Methodology/Approach: This study employs a normative empirical approach. Normatively, it examines the administrative law principles underlying PBBR, whereas empirically it analyzes its implementation through the Online Single Submission (OSS) system and its impact on public service efficiency.

Results/Findings: This study finds that PBBR represents a significant reform in Indonesian administrative law by applying the principles of proportionality, legal certainty, and public benefit. Empirically, its implementation has improved the efficiency of business licensing services, particularly through faster processing via the OSS system. However, several substantive and technical challenges remain, including inadequate digital infrastructure, overlapping regional and central regulations, and low legal literacy among micro and small business actors regarding risk classification and standard certification obligations.

Conclusions: This study concludes that PBBR improves efficiency and legal certainty but is constrained by infrastructure, regulatory overlap, and low MSME legal literacy. Further improvements are needed.

Limitations: This research is limited to regulatory analysis and selected empirical observations and does not include large-scale field surveys or quantitative measurement of business performance outcomes.

Contributions: This study contributes to the development of administrative law and public policy literature by providing an integrated analysis of risk-based licensing reform in Indonesia and offering practical recommendations for improving institutional capacity and regulatory harmonization.

Legal Implications of Evidence Removal by Police: the Barelang Case Study

Khairul Riza, Irpan Husein Lubis — Thu, 11 Dec 2025 00:00:00 +0700

Purpose: This study aims to analyze the legal implications of evidence tampering or disappearance by law enforcement officers in the criminal justice process, with a specific focus on the Polresta Barelang case in Batam, Indonesia. It finds that evidence tampering undermines institutional accountability and erodes public trust in law enforcement and the judiciary. The study emphasizes the need for stronger oversight mechanisms and transparent evidence management policies to restore integrity in the criminal justice system.

Methodology/approach: The research employs a socio-legal approach (normative-empirical method), combining statute and case approaches. Primary data were collected through interviews with law enforcement officers, representatives from the Financial Transaction Reports and Analysis Center (PPATK), and civil society actors. Secondary data were obtained from books, journal articles, laws, court decisions, and official documents from the Batam Free Trade Zone Authority. The data were analyzed using a qualitative-descriptive method with a regulatory and field-practice analysis.

Results/findings: The study reveals that the removal of evidence by police officers severely undermines due process and violates criminal procedure law and professional ethics. The case at Polresta Barelang highlights systemic weaknesses in internal accountability mechanisms, low transparency, and a lack of external oversight.

Conclusions: The findings confirm the urgent need for regulatory reform, institutional accountability, and the implementation of digital-based evidence tracking systems. Addressing these issues is essential to safeguard the fairness of judicial proceedings and rebuild public confidence.

Limitations: This study is limited to one regional police institution and does not encompass nationwide patterns of evidence management across law enforcement bodies.

Contribution: The study provides critical insight into criminal justice reform, particularly in strengthening evidence management systems. It is relevant for policymakers, legal academics, anti-corruption bodies, and institutions responsible for law enforcement accountability.

Consumer Protection Law in Indonesia: Legal Framework, Enforcement, and Challenges

Donny Irawan1, Rahayu Sri Utami, Idhom Idhom, Moch Oka Syah Darmanto Darmanto — Tue, 24 Feb 2026 00:00:00 +0700

Purpose: This study analyzes the legal framework, enforcement, and contemporary challenges of consumer protection law in Indonesia, focusing on Law No. 8 of 1999 (the Indonesian Consumer Protection Law) in the digital economy era.

Methodology/approach: Normative juridical research using a literature review and comparative analysis of legislation, court decisions, and scholarly articles. Tools include Mendeley for reference management and Turnitin (no repository) for plagiarism checks.

Results/Findings: This study finds that Indonesia has a strong normative consumer protection framework; however, enforcement is fragmented. Digital transactions, fintech, and e-commerce create risks that are not fully addressed by existing laws. Weak institutional coordination and low consumer awareness limit effective protection, causing many violations to remain unresolved.

Conclusions: This study concludes that Indonesia’s consumer protection framework is normatively strong but faces challenges in the digital economy. The emerging risks from e-commerce and fintech have not been fully addressed, while fragmented enforcement, weak institutional coordination, and low consumer awareness limit their effectiveness. Therefore, improvements in regulatory adaptation, institutional integration, and legal literacy are required to ensure better consumer protection.

Limitations: This study is limited to a normative legal analysis based on the literature and statutory review. It does not include empirical field surveys, interviews, or primary data from consumers, regulators, or business actors.

Contributions: Provides updated insights for regulators, academics, and practitioners on improving consumer protection in the digital economy.

The Limits of Authority of Regional Heads as Protectors of the Indonesian Red Cross (PMI) under the Red Cross Law

Stefanus Kurniadi Janggur — Tue, 09 Dec 2025 00:00:00 +0700

Purpose: This study aims to analyze the limits of regional head authority in the PMI management election process so as not to cause conflict or chaos in the region.

Methodology/approach: The research method used is a normative approach with a juridical-qualitative method, based on a literature study of laws and regulations, especially Law Number 1 of 2018 concerning the Red Cross and the PMI Statutes/Bylaws.

Results/findings: The results of the study indicate that although PMI has a close relationship with the regional government, in the process of appointing and dismissing PMI administrators, regional heads do not have the authority to intervene outside the provisions of PMI's Articles of Association/Bylaws. Article 28 of Law Number 1 of 2018 concerning the Red Cross emphasizes that the organizational structure, management, technical implementing units, authorities, and responsibilities of PMI, as well as procedures for the use of PMI symbols are stipulated in the PMI's articles of association and bylaws in accordance with statutory regulations.

Conclusions: Regional heads need to understand that their role is to support, facilitate, and protect the PMI as a humanitarian organization, not to regulate its internal affairs. Regional heads' efforts to maintain synergy with the PMI must be carried out without violating the PMI's independence as part of the International Red Cross and Red Crescent Movement.

Limitations: Research on the legal status of the Indonesian Red Cross is still very limited, so journals that can be used as references are very difficult to find.

Contribution: As a reference in the PMI management election process so as not to cause conflict or chaos in the region.