Kajian Ilmiah Hukum dan Kenegaraan (KIHAN) is a peer-reviewed journal that publishes quality papers in the fields of law and state. KIHAN aims to become a credible source related to law studies and mediates academicians, researchers, and practioners in dissemination their findings and ideas to solve various law and state issues.
Published
2025-12-09
Articles
Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City
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.
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Garuda
SintaLegal Implications of Evidence Removal by Police: the Barelang Case Study
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.
The Limits of Authority of Regional Heads as Protectors of the Indonesian Red Cross (PMI) under the Red Cross Law
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.
Pages: 73-84
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