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All Journal Kajian Ilmiah Hukum dan Kenegaraan
Irpan Husein Lubis
Universitas Batam, Batam, 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.
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 Khairul Riza