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Comparative Authority in Cybercrime Investigation: Indonesian Police and Related Institutions Tampubolon, John Piter; Sara, Rineke
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.448

Abstract

The rapid expansion of information technology has significantly increased cybercrime in Indonesia, necessitating a clear and coordinated law enforcement framework. This article aims to comparatively analyze the authority to investigate cybercrime between the Indonesian National Police (Polri) and other related institutions, including the Attorney General’s Office, the National Cyber and Crypto Agency (BSSN), and the Ministry of Communication and Informatics (Kominfo). The research employs a normative juridical method with statutory and conceptual approaches, supported by comparative analysis of institutional authority based on Law Number 1 of 2024 concerning Electronic Information and Transactions, the Criminal Procedure Code (KUHAP), and Law Number 16 of 2004 concerning the Prosecutor’s Office. The findings indicate that Polri holds dominant and comprehensive investigative authority, while other institutions perform supportive, supervisory, and technical functions without direct investigative attribution. However, regulatory fragmentation and weak coordination mechanisms create overlaps and inefficiencies in cybercrime handling. This study concludes that regulatory harmonization and the establishment of an integrated coordination framework are essential to ensure effective, accountable, and human-rights-oriented cybercrime law enforcement in Indonesia.
Effectiveness of Investigator Certification in Improving Special Crime Investigation Quality at Bengkulu Police Wibisono, Sonny; Sara, Rineke
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.451

Abstract

This study aims to analyze the effectiveness of investigator and assistant investigator certification as a mandatory instrument for improving the quality of special criminal investigations at the Directorate of Special Criminal Investigation of the Bengkulu Regional Police. The research employs a normative juridical method using statutory and conceptual approaches by examining the Criminal Procedure Code (KUHAP), Law No. 2 of 2002 on the Indonesian National Police, Perpol No. 6 of 2019 on Criminal Investigation, and Perkap No. 99 of 2020 on the development of superior police human resources. The findings demonstrate that certification significantly enhances investigator competence, professionalism, and compliance with procedural law, which is reflected in more complete case files, higher procedural accuracy, and increased success rates in achieving the P-21 stage. Certified investigators also show stronger legal reasoning in case handling and investigation termination decisions. However, the effectiveness of certification is constrained by limited certified trainers and assessors, unequal distribution of certified investigators, and weak integration of competency supervision among internal units. The study concludes that investigator certification is an effective legal and managerial instrument to improve investigation quality, provided it is supported by strengthened internal regulations, digitalized training and assessment systems, and an integrated performance-based evaluation framework.
Legal Vacuum in Regulating the Status of Refugees and Asylum Seekers in Indonesia as a Consequence of Non-Ratification of the 1951 Convention and the 1967 Protocol Mulya, Ratna Pristiana; Sara, Rineke
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.458

Abstract

There is a legal void concerning the status of refugees and asylum seekers because Indonesia has not yet joined the 1951 Convention on the Status of Refugees and its 1967 Protocol. Current national laws, especially Presidential Regulation No. 125 of 2016, provide only technical guidelines for administrative matters, such as shelter and inter-agency coordination, without regulating the substantive legal status or basic rights of refugees. This situation results in the absence of a national mechanism for determining refugee status and complete dependence on the United Nations High Commissioner for Refugees (UNHCR), ultimately weakening Indonesia's legal sovereignty. From a social, political, and economic perspective, the presence of refugees creates additional burdens for local governments, potential conflict with local communities, and challenges in international diplomacy, particularly with the refugees' final destination countries. Human rights aspects are also affected, as refugees often lack adequate access to education, health care, and employment, increasing their vulnerability. This article emphasizes the importance of normative steps such as ratifying the 1951 Convention and the 1967 Protocol, drafting specific legislation regarding refugees, improving inter-agency cooperation by working with global institutions like the International Organization for Migration (IOM) and the UNHCR. A human rights-based policy approach that consistently considers national security interests is a solution that can balance humanitarian moral obligations with state sovereignty. In this way, Indonesia is expected to be able to provide more comprehensive protection for refugees while maintaining its international reputation