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Journal : Journal Indonesia Law and Policy Review (JILPR)

LEGAL CERTAINTY IN THE SUSPENSION OF CRIMINAL CASES DUE TO THE EXISTENCE OF CIVIL CASES IN THE LEGAL JURISDICTION OF THE KAMPAR RESORT POLICE Hartono, Wandi; Harahap, Irawan; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.453

Abstract

In the practice of criminal law enforcement in the jurisdiction of the Kampar Resort Police, legal issues often arise when a criminal case overlaps with a civil dispute. For instance, in cases involving alleged fraud or embezzlement, the reported party frequently argues that the matter is essentially a civil issue due to the existence of an agreement or contractual relationship between the parties. In this context, a legal question emerges regarding whether a criminal case may or should be suspended due to an ongoing or unresolved civil case. This situation creates tension between the principles of substantive justice, the doctrine of ultimum remedium in criminal law, and the principle of legal certainty. The objectives of this research are: to analyze legal certainty in the suspension of criminal cases due to the existence of civil cases within the jurisdiction of the Kampar Resort Police; to analyze the obstacles to legal certainty in such suspensions; and to analyze efforts to overcome these obstacles. The method used in this study is sociological legal research. Based on the findings, legal certainty in the suspension of criminal cases due to civil disputes in the Kampar Police jurisdiction has not been properly implemented. This is due to the legal provision that states criminal cases are not bound by civil proceedings. However, in practice, there is inconsistency in the application of this principle. In some instances, the criminal process continues despite ongoing civil litigation, while in others, it is suspended without a clear legal basis aside from the existence of a civil suit. The obstacles to legal certainty in the suspension of criminal cases include the lack of clear regulations and technical guidelines regarding the criteria and limits of suspension, limited protection for investigators' authority in making sensitive legal decisions, and conceptual confusion between criminal and civil matters, compounded by inadequate understanding among law enforcement officers. Efforts to overcome these obstacles include developing an internal policy framework in the form of technical guidelines or Standard Operating Procedures (SOPs) that detail when and under what conditions a criminal case may be suspended due to a civil dispute; the need for careful and well-documented legal assessments by investigators in every suspension process; and the establishment of official regulations or guidelines within the Indonesian National Police explicitly governing the limits and procedures for suspending criminal cases related to civil matters.
LAW ENFORCEMENT AGAINST THE POLICE PROFESSIONAL CODE OF ETHICS DUE TO DESERTION COMMITTED BY POLICE MEMBERS ENDING IN DISHONORABLE DISCHARGE Putra, Alghoni Bumantara; Kadaryanto, Bagio; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.459

Abstract

The police disciplinary code reflects a noble ideal and aspiration—namely, to uphold and maintain the image of the Indonesian National Police (Polri) as a noble profession (officium nobile). Every member of the police force is expected to preserve their dignity and honor as individuals entrusted by society to maintain public order and security, to enforce the law in times of legal conflict, and ultimately, to offer protection and guidance to the community. This study aims to analyze the enforcement of the Police Professional Code of Ethics in response to cases of desertion by police officers that result in dishonorable discharge within the jurisdiction of the Riau Regional Police (Polda Riau). Specifically, the study examines the legal enforcement process, the barriers faced, and the efforts made to overcome those obstacles. This research employs a sociological legal approach. The findings reveal that enforcement of the Police Code of Ethics in desertion cases that end in dishonorable discharge is carried out firmly in accordance with Chief of Police Regulation Number 7 of 2022 on the Police Code of Ethics. Each proven case of severe desertion leads directly to an ethics tribunal, where—if found guilty—the officer is sanctioned with dishonorable discharge. The process begins with attendance verification, clarification, and the preparation of documents for the ethics hearing. This firm stance reflects the professionalism and institutional commitment of Polri. However, it also highlights a lack of preventive and developmental approaches, particularly in the early stages before violations occur. The main barriers in enforcing the code include: (1) systemic weaknesses in attendance reporting, where desertion cases are often detected too late due to unmonitored absenteeism; (2) organizational structural issues, where the guidance and mentoring functions remain reactive rather than proactive; and (3) organizational cultural tendencies to treat violations solely as grounds for punishment, without addressing underlying causes such as psychological stress, family problems, or work fatigue. Efforts to overcome these challenges include: (1) digitalizing the attendance and reporting systems to enable real-time monitoring; (2) strengthening moral and mental development, especially for personnel in remote or high-stress areas; (3) establishing internal preventive support systems, such as communication forums, counseling services, and informal coaching activities; (4) introducing tiered sanction policies, with dishonorable discharge reserved for repeated or severely intentional desertion; and (5) reforming organizational culture to foster more open, communicative, and supportive interactions between superiors and subordinates.
LAW ENFORCEMENT AGAINST PALM OIL THEFT Minggu, Sumber Horas; DM, M. Yusuf; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.460

Abstract

Local governments and law enforcement agencies must promote legal education, improve the economic conditions of nearby communities, and strengthen security systems in areas vulnerable to theft. In this way, law enforcement can be more balanced: ensuring legal certainty, providing protection to victims, and acknowledging the humanitarian aspects concerning offenders who steal out of economic necessity. The aim of this study is to analyze Law Enforcement Against the Criminal Act of Palm Oil Theft in the Jurisdiction of the Bengkalis Police, to examine the obstacles to enforcement, and to identify efforts to overcome these obstacles. The method used in this research is sociological legal research. Based on the research findings, law enforcement against palm oil theft in the Bengkalis jurisdiction has not been effectively implemented. This is evidenced by the increasing frequency of palm oil theft cases within short time intervals. Although the police have taken various repressive measures, these crimes continue to recur and even tend to escalate. The public has become aware of how to circumvent legal repercussions, particularly regarding the threshold of financial loss stipulated in Supreme Court Regulation (Perma) Number 2 of 2012, which states that theft causing losses below Rp2,500,000 can be classified as a minor offense (tindak pidana ringan, or tipiring). Many offenders intentionally limit the amount of fresh fruit bunches (FFB) stolen to keep the value below this threshold. This tactic is deliberately used to avoid full criminal prosecution or harsher penalties. Obstacles in enforcing the law against palm oil theft in the Bengkalis region include: A lack of deterrent effect due to lenient penalties, Difficulty in proving the crime and calculating actual losses, Manipulation of stolen goods’ value by offenders, Socio-economic challenges faced by the surrounding communities.
LAW ENFORCEMENT AGAINST PIMPS IN UNDERCOVER PROSTITUTION THROUGH "PLUS" MASSAGE PARLORS Ardan, Andra; DM, M. Yusuf; Pardede, Rudi
JILPR Journal Indonesia Law and Policy Review Vol. 6 No. 3 (2025): Journal Indonesia Law and Policy Review (JILPR), June 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v6i3.461

Abstract

Clandestine prostitution through massage parlors in the jurisdiction of Polresta Pekanbaru exemplifies how social crimes have evolved over time by exploiting regulatory loopholes. This form of prostitution is concealed under the guise of legitimate massage or spa services, making it difficult for law enforcement agencies to detect. In reality, these services involve sexual activities managed by pimps. The aim of this study is to analyze law enforcement efforts against pimps involved in clandestine prostitution in massage parlors within the jurisdiction of Polresta Pekanbaru, to identify the obstacles hindering such enforcement, and to explore strategies to overcome these challenges. The research employs a sociological legal method. The findings indicate that law enforcement efforts in this context have not been fully effective. Although the police and related agencies have undertaken enforcement actions, prostitution under the cover of massage parlors continues to thrive. These establishments often offer hidden sexual services. Operators or pimps typically disguise these activities using coded language with regular clients or through closed digital communication networks. This demonstrates that pimps have developed more sophisticated and discreet operational systems that are difficult for law enforcement to detect directly. Several obstacles hinder effective law enforcement: First, massage parlors often continue operating covertly after being raided, simply by changing their business name, location, or service format. Second, the absence of consistent and routine monitoring by both law enforcement and regulatory agencies allows these operations to resume freely. Third, the lack of legal education and awareness programs at the community level contributes to public ignorance, making people less likely to participate in prevention or report prostitution-related activities. To overcome these challenges, several efforts are necessary. First, there must be strengthened administrative oversight and improved business licensing verification systems. Second, a joint task force comprising multiple government agencies should be established to conduct regular inspections and supervision of locations suspected of facilitating clandestine prostitution. Third, law enforcement and local governments should initiate community-based legal education programs, particularly in areas vulnerable to or near suspected prostitution sites.