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All Journal AL-Ishlah : Jurnal Ilmiah Hukum
Mulyati Pawennei
Faculty of Law, Universitas Muslim Indonesia
Law, Crime, Criminology & Criminal Justice

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Effectiveness of Narcotics Investigations in Central Sulawesi: A Procedural and Evidentiary Assessment under KUHAP and the Narcotics Law Firmansyah Fality; Mulyati Pawennei; Hardianto Djanggih
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 2: Juni - November 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/4qb6jd85

Abstract

This study examines the effectiveness of narcotics crime investigations within the jurisdiction of the Central Sulawesi Regional Police through a procedural and evidentiary lens. Narcotics crimes pose a serious and evolving threat, requiring law enforcement responses that are legally sound, professional, and outcome-oriented. Using an empirical juridical approach with a descriptive-analytical design, the research analyzes the implementation of investigative stages, from inquiry, case exposition, to formal investigation, under Indonesia’s Criminal Procedure Code (KUHAP), the Narcotics Law, the Police Law, and Police Regulation No. 6 of 2019. Primary data were collected through interviews with narcotics investigators and questionnaires capturing perceptions of investigative effectiveness, while secondary data were drawn from legislation, scholarly literature, and prior studies. The findings indicate that, although procedural compliance and case-completion rates are relatively high, particularly in high-burden areas such as Palu City, investigative effectiveness is constrained by limited personnel capacity, uneven technical expertise, low public literacy on narcotics, and risks of intimidation against investigators. These constraints contribute to a gap between administrative outputs and perceived social impact. The study concludes that investigative effectiveness should be measured not merely by arrest numbers or case completion, but by procedural integrity, evidentiary resilience, human rights protection, and tangible disruption of narcotics networks.
The Juridical Implications of an Acquittal for the Legal Protection of Children in Sexual Abuse Cases Aftar akbar; Mulyati Pawennei; Nasrullah Arsyad
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 2: Juni - November 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/dpysb756

Abstract

The acquittal verdict in cases of child sexual abuse has generated debate between the demand for victim protection and the principle of procedural justice in criminal procedural law. This study aims to analyze the juridical implications of acquittal decisions on child legal protection through an examination of the Parepare District Court Decision No. 61/Pid.Sus/2024/PN.Pre, which has obtained final legal force. The research employs a normative legal approach using statutory analysis and judicial decision review. Legal materials are analyzed qualitatively to assess the conformity of judicial reasoning with evidentiary principles under the Criminal Procedure Code (KUHAP) and the Child Protection Law. The findings indicate that the acquittal constitutes a juridical consequence of the failure to fulfill the elements of the offense and the absence of judicial conviction based on the evidentiary standard set forth in Article 183 of the KUHAP. The decision reflects the application of the presumption of innocence and the principle of in dubio pro reo, while simultaneously highlighting weaknesses in evidentiary quality in cases of sexual violence against children. This study emphasizes the need to strengthen investigations, scientific-based evidence, and inter-agency coordination to ensure effective child legal protection without undermining procedural justice for defendants
The Effectiveness of Restorative Justice in Judicial Decisions: The Transformation of the Sentencing Paradigm in Indonesia Alif Fajar Herihanli Palimai; Mulyati Pawennei; Baharuddin Badaru
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/j7x6y995

Abstract

This study examines the effectiveness of implementing restorative justice within Indonesia’s sentencing system in light of recent criminal law reform. Restorative justice, which emphasizes victim recovery, offender accountability, and social reconciliation, reflects values long embedded in Indonesia’s customary traditions. The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a significant normative and philosophical shift from retributive punishment toward restoration and social balance. Despite the availability of various regulatory frameworks and institutional guidelines, challenges remain, particularly in procedural law, regulatory fragmentation, limited institutional capacity, and prevailing retributive legal culture. Using a normative juridical approach supported by conceptual and statutory analysis, this research evaluates the consistency between restorative justice principles and their practical application in judicial decisions. The findings indicate that restorative justice in Indonesia is in a transitional phase, with stronger implementation in juvenile and minor offense cases, while broader application still requires harmonization of criminal procedure law, enhanced judicial capacity, and systemic coordination among law enforcement agencies. Strengthening these aspects is essential to ensure that restorative justice becomes a substantive and consistent paradigm within Indonesia’s modern sentencing system.
Co-Authors Aftar akbar Alif Fajar Herihanli Palimai Baharuddin Badaru Firmansyah Fality Hardianto Djanggih Nasrullah Arsyad