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Urgensi Penegakan Hukum Pidana Terhadap Tindak Pidana Penyuludupan Bahan Bakar Minyak Surahma, Hery; Riyadi, Eko; Dewi, Virna
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12622

Abstract

Fuel oil smuggling in the maritime area of Bangka Belitung is a complex criminal phenomenon with significant impact on the national economy. This research aims to analyze the urgency of criminal law enforcement against fuel oil smuggling crimes in the Bangka Belitung maritime region by examining the reality of law enforcement in the field and identifying challenges faced by law enforcement officers. The research method uses an empirical juridical approach with data collection techniques through literature study, in-depth interviews with law enforcement officers, and field observations. The research results show that criminal law enforcement against fuel oil smuggling in the Bangka Belitung maritime area still faces various structural and operational constraints. Field reality shows minimal coordination between agencies, limited surveillance infrastructure, and weak maritime area monitoring systems. Main challenges include the vast coverage of maritime areas, increasingly sophisticated modus operandi, limited operational budget, and lack of public awareness about the negative impacts of fuel oil smuggling. This research recommends the need for synergy between law enforcement agencies, improvement of maritime surveillance technology, and strengthening more comprehensive regulations to optimize criminal law enforcement against fuel oil smuggling crimes.
Dynamics of Restorative Justice Implementation Towards the Entry into Force of the New Penal and Criminal Procedure Codes: A Case Study on Ordinary Theft Cases at Pangkalpinang Police Resort Putra, Julian Piperino; Hariansah, Syafri; Dewi, Virna
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.598

Abstract

The national criminal law transformation towards the effective enforcement of Law Number 1 of 2023 and Law Number 20 of 2025 demands a reorientation of law enforcement practices from a retributive to a restorative paradigm. However, the current implementation of restorative justice in ordinary theft cases at the police resort level still operates within an internal regulatory framework prone to a relevance crisis due to normative gaps with the new statutory standards. This study aims to evaluate the objectivity of existing practices, analyze the clash of norms approaching the transition period, and formulate institutional policy harmonization strategies. Employing a mixed-methods legal research approach, this study integrates a doctrinal review of Police Regulation Number 8 of 2021 with empirical data from the Pangkalpinang Police Resort, triangulating in-depth interviews with investigators, victims, and offenders. The results indicate that although existing practices have met administrative compliance requirements and provided tangible recovery benefits for victims, implementation experienced statistical stagnation in certain periods due to workload and investigators’ administrative concerns. Substantively, a fundamental incompatibility was found between the rigidity of internal police rules regarding the absolute ban on recidivists and nominal loss parameters, on the one hand, and the sentencing flexibility principles in Law Number 1 of 2023, on the other hand, as well as the misalignment of internal case exposition mechanisms with the judicial scrutiny standards mandated by Law Number 20 of 2025. This study concludes that there is an urgent need for harmonization through the establishment of a specialized supervisory unit to simulate material validity testing equivalent to that of the Preliminary Examining Judge, and the integration of customary figures’ roles in penal mediation to guarantee accountability for police discretion in the new criminal justice era.