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Juridical Analysis of Evidence of Crimes of Domestic Violence Against Children (Research Study at Indragiri Hilir Resort Police) Bulan, Puti Lindung; Fadlan, Fadlan; Prasetyasari, Christiani; Nofrial, Ramon; Lubis, Irpan Husein
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1343

In writing this thesis, it is entitled, proving criminal acts of domestic violence against children. Proving is the process of how evidence is used. Proving is providing sufficient grounds for those examining the case in question to provide certainty about the truth of the events being presented, provide certainty to the judge regarding the truth of the events that occurred, and make clear the problem of an act. crime and find the suspect. This research uses a normative type of research supported by empirical research and also data collection techniques carried out through interviews with parties related to the research topic. Apart from that, the author also conducted library research through books and literature related to the research topic. Next, the data obtained was analyzed qualitatively and then presented descriptively. Based on the results of research and discussions in the implementation of Proof of Criminal Acts of Domestic Violence, the results of this research are in accordance with Law Number 23 of 2004 concerning the Elimination of Domestic Violence, that all forms of violence, especially domestic violence, constitute a violation of human rights. and crimes against human dignity and forms of pecuniary discrimination must be eliminated. Therefore, the state and society are obliged to carry out prevention, protection and action. The problems discussed in this thesis are the process of proving criminal acts of domestic violence against children as well as discussing the obstacles and solutions faced by investigators in carrying out proof of criminal acts of domestic violence against children. Based on the research conducted, it was concluded that the factors that cause domestic violence are economic factors, infidelity, parental experience, knowledge, environment, low legal awareness, patriarchal culture and early marriage. The obstacles are the lack of evidence, and the slow pace of reporting victims, while the solutions that have been implemented overcome the obstacles of special attention from parents, the community and law enforcement.

Analisis Penegakan Hukum terhadap Perusahaan Pers yang Tidak Berbadan Hukum Siagian, Agus; Riza, Khairul; Lubis, Irpan Husein
Kajian Ilmiah Hukum dan Kenegaraan Vol. 1 No. 1 (2022): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v1i1.1867

Purpose: To find out law enforcement against press companies that are not legally incorporated, find out the obstacles and efforts made against law enforcement for press companies that are not legally incorporated. Method: The method used is empirical legal research, by conducting observational research in the field by seeking information through interviews. And also supported by normative research with literature studies. Result: The results of the study show that law enforcement against press companies that are not legal entities in Batam City has not run optimally criminally, civilly or in state administration, there are still many press companies that are not legally incorporated working to disseminate information on news coverage in Batam City. Obstacles in carrying out law enforcement for press companies that are not legal entities in Batam City are weak supervision from the authorities, lack of outreach from the press council, the lack of strict sanctions imposed by the press council, and no party reporting. Efforts are being made to overcome these obstacles, namely, increasing supervision from the press council, increasing socialization of the negative impacts of press companies that are not incorporated, increasing the work function of the press council with journalist organizations, and increasing the performance of journalist organizations in controlling journalists who work in under an unincorporated press company.

Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City Riza, Khairul; Lubis, Irpan Husein
Kajian Ilmiah Hukum dan Kenegaraan Vol. 4 No. 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4996

Purpose: This study aims to analyze the criminal law aspects and modus operandi of illegal cigarette smuggling in Batam City, as well as to assess the effectiveness of law enforcement based on the applicable legal regulations in Indonesia. Methodology/approach: The research uses a normative juridical method with a statutory and case approach, supported by primary data collected through interviews with law enforcement officials and secondary data from relevant legal documents and literature. Results/findings: The findings reveal that illegal cigarette smuggling in Batam is carried out through non-official sea routes using high-speed boats, falsification of customs documents, and well-organized distribution networks. Despite existing laws such as Law No. 39 of 2007 on Excise and Law No. 17 of 2006 on Customs, enforcement remains weak due to limited surveillance and involvement of corrupt individuals. Limitations: This study is limited to the case of Batam City and does not cover other regions facing similar smuggling issues. Contribution: The research provides a legal analysis and practical recommendations for strengthening enforcement mechanisms and regulatory reforms in combating smuggling crimes. The novelty of this research lies in the systematic mapping of the patterns of illegal cigarette smuggling networks in Batam, which is examined integrally through the perspective of criminal law and a law enforcement approach based on national regulations.

Legal Implications of Evidence Removal by Police: the Barelang Case Study Riza, Khairul; Lubis, Irpan Husein
Kajian Ilmiah Hukum dan Kenegaraan Vol. 4 No. 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4997

Purpose: This study aims to analyze the legal implications of evidence tampering or disappearance by law enforcement officers in the criminal justice process, with a specific focus on the Polresta Barelang case in Batam, Indonesia. It finds that evidence tampering undermines institutional accountability and erodes public trust in law enforcement and the judiciary. The study emphasizes the need for stronger oversight mechanisms and transparent evidence management policies to restore integrity in the criminal justice system. Methodology/approach: The research employs a socio-legal approach (normative-empirical method), combining statute and case approaches. Primary data were collected through interviews with law enforcement officers, representatives from the Financial Transaction Reports and Analysis Center (PPATK), and civil society actors. Secondary data were obtained from books, journal articles, laws, court decisions, and official documents from the Batam Free Trade Zone Authority. The data were analyzed using a qualitative-descriptive method with a regulatory and field-practice analysis. Results/findings: The study reveals that the removal of evidence by police officers severely undermines due process and violates criminal procedure law and professional ethics. The case at Polresta Barelang highlights systemic weaknesses in internal accountability mechanisms, low transparency, and a lack of external oversight. Conclusions: The findings confirm the urgent need for regulatory reform, institutional accountability, and the implementation of digital-based evidence tracking systems. Addressing these issues is essential to safeguard the fairness of judicial proceedings and rebuild public confidence. Limitations: This study is limited to one regional police institution and does not encompass nationwide patterns of evidence management across law enforcement bodies. Contribution: The study provides critical insight into criminal justice reform, particularly in strengthening evidence management systems. It is relevant for policymakers, legal academics, anti-corruption bodies, and institutions responsible for law enforcement accountability.

Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City Riza, Khairul; Lubis, Irpan Husein
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4996

Purpose: This study aims to analyze the criminal law aspects and modus operandi of illegal cigarette smuggling in Batam City, as well as to assess the effectiveness of law enforcement based on the applicable legal regulations in Indonesia. Methodology/approach: The research uses a normative juridical method with a statutory and case approach, supported by primary data collected through interviews with law enforcement officials and secondary data from relevant legal documents and literature. Results/findings: The findings reveal that illegal cigarette smuggling in Batam is carried out through non-official sea routes using high-speed boats, falsification of customs documents, and well-organized distribution networks. Despite existing laws such as Law No. 39 of 2007 on Excise and Law No. 17 of 2006 on Customs, enforcement remains weak due to limited surveillance and involvement of corrupt individuals. Limitations: This study is limited to the case of Batam City and does not cover other regions facing similar smuggling issues. Contribution: The research provides a legal analysis and practical recommendations for strengthening enforcement mechanisms and regulatory reforms in combating smuggling crimes. The novelty of this research lies in the systematic mapping of the patterns of illegal cigarette smuggling networks in Batam, which is examined integrally through the perspective of criminal law and a law enforcement approach based on national regulations.

Legal Implications of Evidence Removal by Police: the Barelang Case Study Riza, Khairul; Lubis, Irpan Husein
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4997

Purpose: This study aims to analyze the legal implications of evidence tampering or disappearance by law enforcement officers in the criminal justice process, with a specific focus on the Polresta Barelang case in Batam, Indonesia. It finds that evidence tampering undermines institutional accountability and erodes public trust in law enforcement and the judiciary. The study emphasizes the need for stronger oversight mechanisms and transparent evidence management policies to restore integrity in the criminal justice system. Methodology/approach: The research employs a socio-legal approach (normative-empirical method), combining statute and case approaches. Primary data were collected through interviews with law enforcement officers, representatives from the Financial Transaction Reports and Analysis Center (PPATK), and civil society actors. Secondary data were obtained from books, journal articles, laws, court decisions, and official documents from the Batam Free Trade Zone Authority. The data were analyzed using a qualitative-descriptive method with a regulatory and field-practice analysis. Results/findings: The study reveals that the removal of evidence by police officers severely undermines due process and violates criminal procedure law and professional ethics. The case at Polresta Barelang highlights systemic weaknesses in internal accountability mechanisms, low transparency, and a lack of external oversight. Conclusions: The findings confirm the urgent need for regulatory reform, institutional accountability, and the implementation of digital-based evidence tracking systems. Addressing these issues is essential to safeguard the fairness of judicial proceedings and rebuild public confidence. Limitations: This study is limited to one regional police institution and does not encompass nationwide patterns of evidence management across law enforcement bodies. Contribution: The study provides critical insight into criminal justice reform, particularly in strengthening evidence management systems. It is relevant for policymakers, legal academics, anti-corruption bodies, and institutions responsible for law enforcement accountability.

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