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All Journal Kajian Ilmiah Hukum dan Kenegaraan Advances in Public Law and Policy
Khairul Riza
STIE Krakatau, Lampung, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4996

Abstract

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.
Legal Implications of Evidence Removal by Police: the Barelang Case Study Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4997

Abstract

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.
Collaboration of Law Enforcement Officers in Joint Raids: A Strategy for Preventing Drug Abuse in State Detention Centers Irpan Husein Lubis; Ramon Nofrial; Khairul Riza; Harry Kurniawan
Advances in Public Law and Policy Vol. 1 No. 2 (2026): July
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/aiplap.v1i2.4486

Abstract

Purpose:This study aims to analyze legal regulations, the effectiveness of implementation, as well as obstacles and solutions to joint raids by law enforcement officers as a security strategy to prevent drug abuse by inmates in state detention centers. Research Methodology:The study used normative legal methods combined with an empirical juridical (socio-legal) approach, located at the Class IIA Batam Detention Center. Primary data were obtained through in-depth interviews and observations of detention center officers, the National Police (Polri), the National Narcotics Agency (BNN), and the Indonesian National Armed Forces (TNI) using purposive sampling. Secondary data were collected from laws and regulations and national and international journal articles. These data were then analyzed using comparative descriptive qualitative methods through reduction, classification, legal interpretation, and deductive drawing of conclusions. Results:The research results show that the legal regulation of joint raids has a strong legal basis through Law Number 22 of 2022 concerning Corrections, Law Number 35 of 2009 concerning Narcotics, and Regulation of the Minister of Law and Human Rights Number 8 of 2024, which is strengthened by a memorandum of understanding between agencies. Its implementation at the Class IIA Batam Detention Center through weekly raids with the National Police, the National Narcotics Agency (BNN), and the Indonesian National Armed Forces (TNI), the daily One Day One Room program, and periodic urine tests has proven effective in preventing the entry of narcotics, but still faces obstacles such as limited human resources and detection technology, the lack of integrated standard operating procedures between agencies, and the potential involvement of unscrupulous officers. Conclusions:Strengthening the joint raid strategy requires the development of integrated standard operating procedures across agencies, increased human resource capacity and detection technology, and enhanced officer integrity, while upholding the principles of justice and legal certainty for inmates. Limitations:The research is limited to one locus, namely Batam Class IIA Detention Center, so generalizing the findings to other detention centers or correctional institutions with different characteristics requires caution. Contributions:This research contributes to the development of correctional law and criminal law studies regarding security strategies based on inter-agency collaboration, and can be a policy reference for the Ministry of Law and Human Rights, the Indonesian National Police, the National Narcotics Agency (BNN), and the Indonesian National Armed Forces (TNI).
Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4996

Abstract

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.
Legal Implications of Evidence Removal by Police: the Barelang Case Study Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4997

Abstract

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.
Co-Authors Harry Kurniawan Irpan Husein Lubis Irpan Husein Lubis Ramon Nofrial