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All Journal Jurnal Hukum Lex Generalis POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Law Development Journal Journal Indonesia Law and Policy Review (JILPR) Journal of Innovative and Creativity HUMANIORASAINS Indonesian Journal of Innovation Multidisipliner Research Law and Communication Journal
Hotman Sinambela
Universitas Mpu Tantular
Religion Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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PROBLEMS OF PROVIDING AND LEGALITY OF EVIDENCE IN THE CRIMINAL ACTS OF TRAFFICKING NARCOTICS CLASS I NON-PLANT Aswin Suwardi; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.696

Abstract

The crime of trafficking in Class I narcotics, not plants, is an extraordinary crime and poses significant obstacles for law enforcement officials in the criminal evidence process. This study aims to examine and analyze the evidentiary process and the legality of evidence in this crime, as well as to identify strategies to improve investigators’ skills in collecting and analyzing evidence to address the dynamics of illicit drug trafficking networks. The research method used is a normative method with a legislative and conceptual approach. The legal sources used include primary legal materials in the form of narcotics-related legislation and criminal procedure law, as well as secondary legal materials in the form of scientific literature and books. The data obtained were analyzed descriptively and qualitatively to produce systematic conclusions. The results show that the evidentiary system for trafficking in Class I narcotics, not plants, combines the general provisions of the Criminal Procedure Code (the negative wettelijk principle) with the special provisions (lex specialis) of Law Number 35 of 2009. This regulation broadens the scope of evidence by recognizing electronic information and documents as valid indicative evidence. In addition, to overcome the dynamic modus operandi, investigators’ skills must be improved through mastery of digital forensics, strengthening cross-institutional cooperation (National Police, National Narcotics Agency, Prosecutor’s Office, Forensic Laboratory), and optimizing special investigative techniques such as wiretapping, undercover buying, and controlled delivery so that the fulfillment of a minimum of two valid pieces of evidence that guarantee legal certainty, justice, and the protection of human rights can be realized.
EFFECTIVENESS OF CHILD PROTECTION IMPLEMENTATION IN HANDLING SEXUAL EXPLOITATION IN INDONESIA Muhammad Nasir; Appe Hutauruk; Hotman Sinambela; Fendi Maruba Parlindungan Hutahaean
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.705

Abstract

Child sexual exploitation is a form of human rights violation that has serious impacts on children’s physical, mental, and social development. Although the government has enacted Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection as the primary legal instrument for protecting children, the practice of child sexual exploitation continues to show alarming figures. This study uses a normative legal research method with a statute approach, a conceptual approach, and a case approach. The data used are primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature studies. All legal materials are analyzed qualitatively using descriptive-analytical methods to obtain an overview of the conformity between legal provisions and their application in practice. The results of the study indicate that Law Number 35 of 2014 has regulated legal protection for child victims of sexual exploitation comprehensively through provisions regarding prevention, special protection, the imposition of criminal sanctions on perpetrators, and the restoration of victims’ rights. However, its implementation has not been running optimally because there are still various obstacles, including limited coordination between agencies, low capacity of law enforcement officers, lack of courage among victims to report, and minimal rehabilitation facilities and psychosocial support.
Reconstructing Standards for the Assessment of Electronic Evidence in Indonesian Civil Procedure from the Perspective of ISO/IEC 27037:2012 Appe Hutauruk; Adalin Ali; Hotman Sinambela
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.15704

Abstract

Article 5 of Indonesia’s Electronic Information and Transactions Law recognizes electronic evidence as legally valid. However, civil procedure, which still relies on the Herzien Inlandsch Reglement/Rechtreglement voor de Buitengewesten (HIR/RBg), lacks procedural standards to ensure the integrity of electronic evidence. Unlike criminal proceedings supported by investigators and forensic laboratories, civil litigants independently collect, store, and submit electronic evidence, creating risks of manipulation and inconsistent judicial assessment. This study examines the normative gap concerning the chain of custody of electronic evidence and proposes ISO/IEC 27037:2012 as a framework for judicial evaluation. Employing normative juridical research with statutory, conceptual, comparative, and case approaches, the study analyzes Decision No. 258/Pdt.G/2023/PN Blb, supported by Constitutional Court Decision No. 20/PUU-XIV/2016 as its doctrinal foundation. The findings reveal that the court assessed WhatsApp screenshots using the doctrine applicable to documentary photocopies rather than Articles 5 and 6 of the ITE Law, admitting even photocopies of photocopies without examining the original electronic data. The absence of acquisition and preservation standards leaves the evidentiary value of electronic evidence dependent on judicial discretion, creating the potential for inconsistent decisions. To address this deficiency, the study proposes a three-pillar framework: imposing a bewijsvoering obligation on the submitting party, adopting the four stages and four principles of ISO/IEC 27037:2012 as judicial assessment criteria, and strengthening the role of accredited digital forensic experts. Consistent with Federal Rules of Evidence Rules 902(13)–902(14) and the doctrine of spoliation of evidence, this framework can be implemented through a Supreme Court Regulation, shifting judicial assessment from evaluating only electronic content to examining the integrity of evidence acquisition, preservation, and authentication.
Co-Authors Adalin Ali Anwar Appe Hutauruk Appe Hutauruk2 Hutauruk Apud Abdul Aziz Aswin Suwardi Charles DL Pardede Edmon Derson Simamora Edy Surpiyanto Fendi Maruba Parlindungan Hutahaean Hadi Wijaya Hotma Mentalita Jaozi Lim Sang Hong M. Amin Saleh Mardiman Sane Muhammad Nasir Muhenri Sihotang Mutia Sakti Robert L Simanungkalit Ruby W H Oktolina Samosir Siti Munawaroh Suyud Margono