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Penerapan Kualifikasi Penyalahguna, Pecandu dan Korban Penyalahgunaan Tindak Pidana Narkotika demi Mewujudkan Nilai Keadilan Dollar, Dollar; Riza, Khairul
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.v1i1.1340

Purpose: to determine the qualifications of abusers, addicts and victims of narcotics crime abuse, and to find out the application of the qualifications of abusers, addicts and victims of narcotics crime abuse in order to realize the value of justice. Method: used is normative juridical research through literature study with an approach to legislation and books. And also supported by empirical juridical research conducted through a series of field interviews with respondents and informants. Results: The research are the regulation of the qualifications of abusers, addicts and victims of narcotics crime abuse, which is regulated in Law Number 35 of 2009 concerning Narcotics and clarified by the Circular Letter of the Supreme Court of the Republic of Indonesia Number 4 of 2010, there is a clear difference and can be proven through a process. medical or testing of Narcotics users which shows whether there is a high dependence on Narcotics or vice versa. The application of qualifications for abusers, addicts and victims of narcotics crime abuse in order to realize the value of justice has not run optimally because there are still many perpetrators in narcotics crime cases, the qualifications are not distinguished between abusers, addicts and victims so that the imposition of imprisonment on anyone who becomes a defendant does not seem worth justice. Limitation: In addition, the application of qualifications for abusers, addicts and victims of narcotics crime is very necessary to provide a sense of justice in achieving legal goals, to provide appropriate punishments, to optimize law enforcement, and to be able to assist in the arrest of the main perpetrators so that the chain of narcotics circulation itself can be broken.

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.

Ideal management of social assistance funds as a prevention and mitigation effort corruption Parameshwara, Parameshwara; Riza, Khairul
Journal of Multidisciplinary Academic and Practice Studies Vol. 1 No. 4 (2023): November
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomaps.v1i4.1529

Purpose: The purpose of this study is to analyze and determine the ideal legal arrangements for the management of social assistance funds in order to prevent corruption, as well as to examine effective efforts to prevent and overcome corruption practices in the distribution and use of such funds. Research Methodology: This study employs a normative juridical method combined with statutory, conceptual, and sociological juridical approaches to provide a comprehensive understanding of both legal principles and their social implementation. Results: The findings indicate that the ideal arrangement for social assistance fund management must incorporate positive legal principles as formulated by John Austin, including the establishment of clear authorities through legislative or governmental institutions, ensuring that the law reflects state sovereignty, setting explicit rules that bind all parties, and providing a foundation for strong and effective enforcement of the law. These aspects ensure that the law acts as an instrument of control over corruption. Conclusions: Preventing and combating corruption in social assistance requires integrating Jeremy Bentham’s utilitarianism, which prioritizes maximizing social welfare, ensuring fair benefit distribution, and embedding transparency and accountability in every decision-making process. Limitations: This study is limited to a normative juridical framework and does not include empirical fieldwork, which may restrict practical insights into current implementation challenges. Contribution: This study contributes theoretically by offering a legal-philosophical foundation for regulating social assistance funds and practically by proposing frameworks that policymakers can adopt to strengthen preventive and repressive mechanisms against corruption.

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.

Ideal management of social assistance funds as a prevention and mitigation effort corruption Parameshwara, Parameshwara; Riza, Khairul
Journal of Multidisciplinary Academic and Practice Studies Vol. 1 No. 4 (2023): November
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jomaps.v1i4.1529

Purpose: The purpose of this study is to analyze and determine the ideal legal arrangements for the management of social assistance funds in order to prevent corruption, as well as to examine effective efforts to prevent and overcome corruption practices in the distribution and use of such funds. Research Methodology: This study employs a normative juridical method combined with statutory, conceptual, and sociological juridical approaches to provide a comprehensive understanding of both legal principles and their social implementation. Results: The findings indicate that the ideal arrangement for social assistance fund management must incorporate positive legal principles as formulated by John Austin, including the establishment of clear authorities through legislative or governmental institutions, ensuring that the law reflects state sovereignty, setting explicit rules that bind all parties, and providing a foundation for strong and effective enforcement of the law. These aspects ensure that the law acts as an instrument of control over corruption. Conclusions: Preventing and combating corruption in social assistance requires integrating Jeremy Bentham’s utilitarianism, which prioritizes maximizing social welfare, ensuring fair benefit distribution, and embedding transparency and accountability in every decision-making process. Limitations: This study is limited to a normative juridical framework and does not include empirical fieldwork, which may restrict practical insights into current implementation challenges. Contribution: This study contributes theoretically by offering a legal-philosophical foundation for regulating social assistance funds and practically by proposing frameworks that policymakers can adopt to strengthen preventive and repressive mechanisms against corruption.

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