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Reconstruction of the Mandatory Rehabilitation Policy for Drug Abusers in the Implementation of Law Number 35 of 2009 concerning Narcotics Based on Integrated Assessment to Suppress Recidivism in Drug Crimes Dionisius Yudi Christiano; Sutrisno Sutrisno; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6303

This study aims to analyze and reconstruct the mandatory rehabilitation policy for drug abusers in the Indonesian legal system to reduce recidivism of drug crimes. The study employs a normative juridical method with a statutory and conceptual approach, by examining the provisions of Law Number 35 of 2009 concerning Narcotics, specifically Articles 54, 103, and 127, and their relationship to Law Number 22 of 2022 concerning Corrections and Law Number 17 of 2023 concerning Health. The results of the study indicate inconsistencies in norms and the dominance of a criminal approach in practice, which is exacerbated by the weak implementation of integrated assessments and disharmony between the legal and health sectors, resulting in overcrowding of correctional institutions and high recidivism rates. Therefore, this study proposes a reconstruction of rehabilitation policy based on integrated assessments by strengthening the position of assessment results as a binding basis, limiting the discretion of law enforcement officers, and integrating penal and non-penal approaches into a coherent system. The reconstruction is expected to create a more effective, equitable, and recovery-oriented drug abuse management system.

Reconstruction of Legal Policy through Strengthening Cross-Border Cooperation and Joint Intelligence in Efforts to Stem the Circulation of Narcotics from Abroad to Indonesia Mario Pangihutan Sirait; Yundini Husni; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6304

Transnational narcotics trafficking is a form of transnational organized crime that continues to grow and exploits weaknesses in border surveillance and limited coordination between countries in the law enforcement system. This study aims to analyze the effectiveness of legal regulations on cross-border cooperation and joint intelligence in stemming the circulation of narcotics from abroad to Indonesia and to formulate an ideal legal policy reconstruction in strengthening the transnational narcotics law enforcement system. This study employs a normative juridical method with a legislative approach and a conceptual approach through a study of Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2011 concerning State Intelligence, Law Number 1 of 2006 concerning Mutual Assistance in Criminal Matters, as well as the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, and various other international legal instruments. The research concludes that legal regulations governing cross-border cooperation and joint intelligence are already in place, yet their implementation remains ineffective due to regulatory fragmentation, weak inter-agency coordination, limited intelligence-sharing systems, sectorial interests, and inadequate border surveillance. Therefore, legal policy reconstruction is needed through harmonization of national and international regulations, strengthening cross-sectorial institutions and coordination, establishing a technology-based integrated intelligence system, and enhancing cross-border operational cooperation to create a more effective, adaptive, and responsive narcotics law enforcement system to address developments in transnational narcotics crime.

Problem-Oriented Policing in Addressing Student Brawls in Sukabumi Regency Gilang Indra Friyana Rahmat; Tagor Hutapea; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6305

Student brawls are a form of juvenile delinquency that has developed into a public safety and order problem and has the potential to lead to legal violations. Sukabumi Regency still faces the problem of student brawls influenced by family factors, social environment, schools, and the use of social media. This study aims to analyze the factors that cause student brawls, evaluate the implementation of police policies for handling them, and formulate an effective Problem-Oriented Policing model for application in Sukabumi Regency. The study employs a normative juridical method with legislative and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results show that the policies for handling student brawls that have been implemented are still dominated by a repressive approach and therefore have not been able to address the root of the problem comprehensively. The application of Problem-Oriented Policing through the Scanning, Analysis, Response, Assessment (SARA) model is considered more effective because it focuses on identifying, analyzing, and resolving the factors causing brawls. This model should be integrated with child protection approaches, restorative justice, and collaboration among the police, schools, families, local governments, and the broader community to ensure sustainable prevention of brawls.

Reconstruction of the Police Intelligence Legal System to Address the Failure of Decision-Making in Detecting Transnational Crimes in a Just and Legally Certain Way Giovanni Ruben Siregar; Yopik Gani; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6306

This study seeks to examine weaknesses in the police intelligence legal framework in detecting and making decisions related to transnational crimes, as well as to reconstruct the system by introducing predictive policing and an integrated criminal intelligence approach that ensures fairness and legal certainty. The research employs a normative juridical method with statutory and conceptual approaches, analyzing the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 on the Indonesian National Police, Law Number 17 of 2011 on State Intelligence, and other relevant regulations concerning transnational crime and police intelligence. The findings show that the shortcomings of police intelligence in addressing transnational crime stem from regulatory inconsistencies, weak integration of intelligence data, limited inter-agency coordination, unclear decision-making procedures, and insufficient oversight and human rights safeguards. These conditions indicate that conventional law enforcement methods are increasingly inadequate in responding to transnational crimes that are cross-border, organized, and technologically advanced. This research proposes a reconstruction of the police intelligence legal system through regulatory reform, the development of an integrated criminal intelligence system, the strengthening of predictive policing based on artificial intelligence and big data analytics, the establishment of an independent oversight mechanism, and the strengthening of international cooperation to create a modern, preventative, predictive, accountable, and equitable police intelligence system for combating transnational crime.

Legal Reform in Preventing Cyber Radicalism by Optimizing the Role of Social Media as a Means of Building National Defense Awareness among the Younger Generation Maulana Al Qurthubi; Albertus Wahyurudhanto; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6307

This study aims to examine the legal challenges in preventing cyber radicalism through social media among the younger generation and to propose legal reforms by optimizing social media as a tool to strengthen national defense awareness in the digital era. The development of information technology has shifted the pattern of radicalism from conventional forms to digital radicalism, which utilizes social media as a medium for spreading extreme ideological propaganda quickly, anonymously, and across national borders. This condition has led to various legal issues, including weak normative regulation of digital radicalism, limited penal approaches, inadequate supervision of social media platforms, and low levels of digital literacy and legal awareness among the younger generation. This study employs a normative juridical research method using both a statutory and conceptual approach, analyzing the 1945 Constitution of the Republic of Indonesia, the Electronic Information and Transactions Law, the Law on the Eradication of Criminal Acts of Terrorism, and relevant regulations on national defense and cybersecurity. The results indicate that policies to combat cyber radicalism in Indonesia are still repressive and have not been able to accommodate the development of digital ideological threats in a preventive and participatory manner. Therefore, legal reform is needed through strengthening social media regulations, developing an integrated digital monitoring system, integrating national defense education and digital literacy, and developing a digital counter-narrative based on Pancasila values to shape a younger generation with national defense awareness and ideological resilience in the digital age.

Legal Updates on the Reporting System for Violence Against Women and Children through Strengthening Victim Protection Mechanisms Based on Access to Justice and a Victim-Centered Approach Riyan Permana Putra; Zulkarnein Koto; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6308

This study aims to analyze the minimal reporting of victims of violence against women and children in the legal protection system in Indonesia and to formulate legal reforms to the reporting system based on access to justice and a victim-centered approach. The research problem stems from the high number of violence against women and children that is not proportional to the number of reports received by law enforcement officials due to weak victim protection, a culture of victim blaming, victim trauma, power relations, low gender sensitivity of officials, and a reporting system that is not yet integrated and not based on a trauma-informed approach. This study uses a normative juridical method with a legislative approach and a conceptual approach through a study of the 1945 Constitution of the Republic of Indonesia, the Law on the Crime of Sexual Violence, the Child Protection Law, the Law on the Elimination of Domestic Violence, the Law on the Protection of Witnesses and Victims, and various international legal instruments such as CEDAW and CRC. The results of the study indicate that the Indonesian criminal law system still tends to be offender-oriented, with victims not recognized as the primary subjects of legal protection. Therefore, legal reform is needed through the development of an integrated victim protection mechanism based on a digital reporting system, a trauma-informed reporting system, automated identity protection, mandatory legal and psychological assistance, strengthening the Women's Empowerment and Child Protection Unit (PPA) and the Witness and Victim Protection Agency (LPSK), and the implementation of victim-centered justice to create a reporting system that is more responsive, safe, inclusive, and oriented toward victim recovery and human rights protection.

Police Crisis Communication Strategy in Public Opinion Management Based on Digital Transparency and Institutional Accountability in the Era of Information Disruption Widya Bhakti Dira; Syafruddin Syafruddin; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6309

This study aims to analyze the legal issues of police crisis communication strategies in managing public opinion in the era of information disruption and formulate legal reforms based on digital transparency and institutional accountability to strengthen public trust in law enforcement institutions. The study employs a normative juridical method with a statutory and conceptual approach through an analysis of Law Number 2 of 2002 concerning the Indonesian National Police, the Law on Public Information Disclosure, the Law on Information and Electronic Transactions, Law Number 25 of 2009 concerning Public Services, as well as various public communication regulations and police professional codes of ethics. The study discovers that police crisis communication strategies in Indonesia continue to exhibit both normative and empirical weaknesses, including slow responses to viral issues, inconsistent information among officials, limited digital transparency, suboptimal media monitoring and digital intelligence, and the lack of comprehensive regulations governing law enforcement digital crisis communication. These conditions have led to increased disinformation, trial by social media, and a decline in the legitimacy of police institutions in the community. Therefore, legal reform is needed through the development of an integrated digital crisis governance model, including the establishment of a National Police Crisis Command Center, the implementation of artificial intelligence sentiment analysis, an early warning system, a rapid digital clarification mechanism, and the standardization of national crisis communications based on digital transparency, human rights protection, and due process of law. These legal reforms are expected to create a police public communications system that is adaptive, accountable, humanistic, and responsive to developments in information technology, in order to strengthen public trust, institutional legitimacy, and the effectiveness of law enforcement in Indonesia's digital democracy.

Legal Renewal on the Protection of Human Trafficking Victims Based on Access to Justice in Efforts to Fulfill the Rights of Restitution and Rehabilitation in Indonesia Tito Laragatra; Ilham Prisgunanto; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6310

Human trafficking is an organized transnational crime that not only violates criminal law but also constitutes a form of human rights violation because it eliminates the freedom, security, and dignity of victims through sexual exploitation, forced labor, child trafficking, digital exploitation, and various other forms of exploitation. This study aims to analyze the weaknesses in regulations and implementation of legal protection for victims of human trafficking in Indonesia and to formulate a reconstruction of legal reform based on access to justice in fulfilling the rights of restitution and rehabilitation of victims. This study employs a normative juridical method with a legislative approach and a conceptual approach through an analysis of Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, and various international legal instruments such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, the Convention on the Elimination of All Forms of Discrimination Against Women, and the Convention on the Rights of the Child. The research findings indicate that the protection of human trafficking victims in Indonesia still faces various weaknesses, including the difficulty of implementing restitution, the absence of state compensation funds, weak multidisciplinary rehabilitation, limited legal aid, victim blaming, and a lack of integration of the national victim protection system. Therefore, legal reform is needed through strengthening state compensation mechanisms, establishing an integrated victim protection system, a digital victim monitoring system, strengthening the role of the Witness and Victim Protection Agency, multidisciplinary rehabilitation, and harmonizing national law with international law to achieve more humane, effective, and equitable protection for human trafficking victims based on victim-centered justice.

Reconstruction of Police Legal Policy in Handling Eigenrichting Due to Low Public Trust in the Criminal Justice System M. Aditya Perdana; Benyamin Lufpi; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6311

Vigilante action (eigenrichting) is a social phenomenon that signals a crisis of public trust in the criminal justice system and the limited legitimacy of law enforcement institutions in delivering justice in society. The study aims to analyze the factors causing eigenrichting, the weaknesses of legal policies and police strategies in preventing it, and formulate a reconstruction of police legal policies based on strengthening public trust and a preventive approach. The study employs a normative juridical research method under legislative and conceptual approaches through various regulations, legal theories, and doctrines relevant to the criminal justice system and police functions. The results reveal that the rise of vigilantism is influenced by low public trust in law enforcement officers, slow law enforcement processes, weak transparency in case handling, low public legal literacy, and social media, which triggers social vigilantism and instant punishment. In addition, legal policies and police strategies in dealing with eigenrichting are still repressive and have not been optimal in developing a preventive-participatory approach through community policing, digital policing, restorative justice, and an early detection system for social conflict. Therefore, a reconstruction of police legal policy is needed by strengthening transparency in law enforcement, optimizing community policing, developing cyber patrols, enhancing public legal education, and establishing a technology-based social conflict prevention system to realize a humanistic, responsive, and human rights-oriented law enforcement system within a democratic state based on the rule of law.

Reconstruction of the Integrated Online Investigation Legal Policy for Online Fraud with Victims Located Outside the Police Jurisdiction Area Arham Gusdiar; Ekawati Ekawati; Kif Aminanto
Journal Customary Law Vol. 3 No. 3.2 (2026): AICOPS 2026
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.2.6312

The development of digital technology has led to an increase in cross-border, anonymous, and electronically based online fraud crimes, giving rise to various legal issues in the investigation process, particularly when the victim is located outside the jurisdiction of the police authority where the perpetrator committed the crime. This study aims to analyze the legal provisions governing the investigation of cross-provincial online fraud crimes within the Indonesian legal system, examine the empirical and juridical problems encountered in investigative practices, and formulate a reconstruction of an integrated online investigation legal policy based on legal certainty and digital technology. This study employs a normative legal method with a statutory and conceptual approach through an analysis of the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), the Electronic Information and Transactions Law (UU Informasi dan Transaksi Elektronik), the Law on the Indonesian National Police (Polri), and various regulations related to handling cybercrime. The results show that the applicable investigative system is still oriented towards the conventional crime paradigm and is therefore unable to accommodate the rapid, cross-border, and digital technology-based character of cybercrime. The key problems include difficulties in determining the locus delicti and tempus delicti, overlapping authority between police regions, weak investigative coordination, limited digital forensics, slow account blocking, and poor integration of the national cyber case database. Therefore, legal policy reconstruction is needed through the establishment of an integrated cyber investigation system based on real-time investigations, strengthening cyber jurisdiction, integrating the national cyber case database, strengthening inter-agency interoperability, and legitimizing the use of artificial intelligence, cyber patrols, and digital tracking in the investigation process to create a modern, effective, and adaptive law enforcement system capable of providing legal certainty and optimal protection for victims of online fraud across provinces in Indonesia.

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