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Muhammad Raihan Sam; Tasya Kusuma Wardani

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze legal protection for victims of violence against women and children from a victimology perspective in Indonesia. The research employs a normative legal method with statutory and conceptual approaches. The results indicate that Indonesia has established adequate legal regulations to protect victims; however, their implementation remains suboptimal and not fully victim-oriented. Victimology emphasizes the importance of fulfilling victims’ rights not only through legal protection but also through psychological and social recovery. The main challenges include limited access to legal aid, lack of understanding among law enforcement officials, and socio-cultural factors that influence victims’ willingness to report cases. Therefore, strengthening the victimology approach within the criminal justice system is necessary to ensure more just and comprehensive protection for victims. Furthermore, community involvement is crucial in supporting victims and reducing negative stigma against them. Providing information and education to the public and law enforcement regarding the rights of victims of violence is a crucial step in achieving effective protection.

Sri Yuliyanti Mozin; Regina Alfanesya Machmud; Regina Rahmadani Ismail; Nurul Rabiatul Adawiyah; Ralda Ivanka A Labino

Studi Administrasi Publik dan ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Abstract This study aims to analyze the legal basis and mechanisms for implementing Minimum Service Standards (MSS) in public service delivery in Indonesia. As a strategic instrument, the MSS is designed to ensure the fulfillment of citizens' constitutional rights through quality basic services. Using qualitative research methods with a juridical-normative approach, this study evaluates the extent to which the implementation of the MSS has been able to create equitable access to services and identifies crucial factors influencing its success. The results indicate that although the MSS has a solid legal basis through Law No. 23 of 2014 and Government Regulation No. 2 of 2018, the reality on the ground still shows significant gaps. Implementation of this policy is often hampered by low organizational capacity at the regional level, limited human resource (HR) competency, inaccurate sectoral data, and weak inter-institutional coordination. This study concludes that the effectiveness of the MSS is highly dependent on strengthening regional fiscal capacity, political commitment of leadership, and the integration of valid data-based planning. This is necessary to achieve social justice and equitable welfare within the framework of a welfare state in Indonesia.

Ahmad Irfansyah Rosyadi; Salsabila Syifana Alkamila; Khairun Nisa; Hapip Udin; Fadhil Rozin Asyam

Deposisi: Jurnal Publikasi Ilmu Hukum 2026 International Forum of Researchers and Lecturers

Prodeo legal aid is one of the ways in which the state fulfils its responsibility to guarantee access to justice for economically disadvantaged members of the public. However, its implementation still faces challenges, particularly budgetary constraints, meaning that not all applications for prodeo legal aid can be processed. This issue arises in Industrial Relations Court (PHI) cases at the Banjarmasin District Court. This study aims to examine the implementation of prodeo services in PHI cases and to analyse these budgetary constraints from a constitutional law perspective. The methodology employed is a normative legal approach with an empirical focus, utilising a review of legislation, interviews, observations, and a literature review. The research findings indicate that prodeo is a service for litigation at no cost, funded by the state through the State Budget Allocation (DIPA). In 2025, a budget of Rp. 33,728,000 was only sufficient to handle 13 cases, meaning the service depends on the availability of funds. This situation reflects a gap between the constitutional guarantee of access to justice and practice on the ground. Therefore, improvements are needed in budget planning, allocation, and management, as well as the strengthening of the role of Legal Aid Posts and Legal Aid Institutions to enhance access to justice for the underprivileged.

Muhammad Dhimas Khoirul Alam; Ruben Theofilus Chrysostomus; Anggi Sri Haryati Simarmata

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The development of information technology has transformed civil dispute resolution mechanisms in Indonesia, most notably through the issuance of Supreme Court Regulation (PERMA) Number 3 of 2022 on Electronic Mediation in Courts. Despite the normative framework it provides, the implementation of electronic mediation continues to face persistent challenges, particularly regarding limited digital infrastructure, low digital literacy among disputing parties, and insufficient technical capacity of mediators. More critically, when electronic mediation fails to produce a settlement agreement, the subsequent enforcement of civil court decisions encounters serious normative gaps not yet adequately addressed by existing legal instruments. This study aims to identify and analyze the causes of civil judgment enforcement failures arising in the context of failed electronic mediation under PERMA Number 3 of 2022, and to propose normative solutions for the identified regulatory gaps. Using a normative juridical method supported by statutory, conceptual, and case approaches, this study finds that the primary causes of enforcement failure include the absence of clear legal standards governing electronically signed peace deeds, weak synchronization between PERMA Number 3 of 2022 and civil procedural law on execution, and procedural obstacles in enforcing decisions that originate from electronic proceedings. This study recommends targeted regulatory reform to ensure that peace agreements resulting from electronic mediation carry unambiguous executorial force and that enforcement mechanisms are adapted to accommodate the distinctive characteristics of electronic dispute resolution.

Desak Kadek Era Dewi Susanti; Ni Putu Rai Yuliartini; Dewa Gede Sudika Mangku

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to examine the provisions and status of probation as a principal punishment in the National Criminal Code, as well as its relevance to achieving the objectives of reforming the penal system in Indonesia. The research design employed is normative legal research using a legislative and conceptual approach. The data utilized consists of secondary data obtained through a literature review, analyzed using qualitative descriptive techniques. The results of the research show that probation under Law No. 1 of 2023 on the Criminal Code has been established as one of the principal penalties that can be directly imposed by a judge, thus no longer merely a component of conditional sentences as in the old Criminal Code. This regulation reflects a paradigm shift in sentencing from a retributive approach toward a rehabilitative and restorative approach by providing offenders with the opportunity to remain within the community under supervision. However, its implementation still faces challenges, including the absence of comprehensive technical regulations, potential conflicts of norms, and institutional limitations in carrying out supervision. Therefore, supervised probation holds significant relevance as a more humane sentencing alternative, although it requires strengthened regulations and a supervision system to ensure its effective and consistent application.

Ayyi Afifah; Devi Novita Sari; Siti Nurlaila; Dilla Erlianti

Jurnal Media Administrasi 2026 Universitas 17 Agustus 1945 Semarang, Indonesia

Food security is a complex issue closely related to various aspects such as agriculture, nutrition, health, and the environment. In the context of global development, food security is an integral part of the Sustainable Development Goals (SDGs), particularly Goal 2: Zero Hunger. This study aims to analyze the implementation of food security policies in supporting the achievement of the SDGs and to identify the factors that hinder the successful implementation of these policies. This research uses a qualitative approach with a literature study method, examining various secondary data sources including books, journal articles, laws and regulations, official government reports, mass media, and relevant online publications. The results show that the Indonesian government has undertaken various efforts to achieve food security through strengthening regulations, starting from Law Number 18 of 2012, Government Regulation Number 17 of 2015, and Presidential Regulation Number 125 of 2022. These efforts are supported by increased budget allocation, local wisdom-based food diversification programs, food estate programs, and strengthening national food reserves through cross-sectoral coordination. However, the implementation of these policies still faces four structural constraints, namely high population growth, the conversion of agricultural land, the impact of climate change on agricultural productivity, and low interest among the younger generation, which threatens farmer regeneration. The implications of this study indicate that the successful implementation of food security policies in supporting the achievement of the SDGs requires comprehensive, sustainable strategies and effective cross-sector collaboration.

Ade Onny Siagian; ST Laksanto Utomo; Joko Sriwidodo

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

Money laundering is a derivative crime that is frequently associated with corruption and has the potential to cause significant losses to state finances. Efforts to recover assets derived from criminal activities constitute an essential aspect of law enforcement aimed at restoring state losses and creating a deterrent effect for perpetrators. This study aims to analyze the authority of public prosecutors in the investigation of money laundering crimes as well as the mechanisms for state asset recovery based on the authority of the Indonesian Attorney General’s Office. The research method employed is normative juridical research using statutory and case approaches. The results of this study indicate that the Attorney General’s Office possesses clear and legally valid authority to conduct investigations into money laundering crimes as regulated under Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering and the Law on the Attorney General’s Office. Prosecutors are authorized to trace, seize, confiscate, and recover assets derived from criminal acts without first proving the predicate offense. This study further emphasizes that although the authority of the Attorney General’s Office has been normatively regulated, in practice, state asset recovery continues to face various obstacles, both in substantive and procedural law, such as inconsistencies in statutory regulations and the suboptimal implementation of non-conviction-based asset forfeiture. Therefore, strengthening regulations and harmonizing legal policies are necessary to ensure that state asset recovery through the handling of money laundering crimes can be carried out more effectively and provide legal certainty.

Novi Wulandari; Ida Keumala Jeumpa; M. Yakub Aiyub Kadir

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The resolution of juvenile cases in Indonesia requires a restorative justice approach as outlined in Law Number 11 of 2012 on the Juvenile Criminal Justice System (UUSPPA). However, Article 7, paragraph (2) restricts diversion to crimes punishable by less than seven years, excluding repeat offenders. This presents challenges for minors involved in serious crimes, such as rape, leading to concerns over child protection and fairness in the justice system. The implementation of diversion in the Syari’ah Court follows national juvenile justice protocols but faces challenges, especially in maintaining consistency across law enforcement agencies and regions. The study employs an empirical juridical approach and explores the challenges of implementing diversion in the Aceh Sharia Court. Findings reveal that diversion efforts are often inconsistent and rely on the discretion of authorities. Although the Child Criminal Justice System Law mandates diversion for cases involving crimes with sentences under seven years and non-recidivists, its actual application varies. For instance, rape cases between 2020 and 2023 show that some were excluded from diversion due to their serious nature, while others still pursued diversion despite the potential for sentences exceeding seven years.

Fransisca Anggraeni; Ratna Septiyanti

Pajak dan Manajemen Keuangan 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to critically analyze the determination of the Tax Base (Dasar Pengenaan Pajak/DPP) in the withholding tax mechanism under Article 23 of the Indonesian Income Tax Law for freight forwarding services at PT MPX Indonesia. The research focuses on evaluating the implementation of the “All-In” billing model, where all operational costs are consolidated into a single gross invoice amount and treated as the taxable base. This approach raises concerns regarding its compliance with applicable tax regulations, particularly in distinguishing between service fees and reimbursable expenses. The study employs a qualitative descriptive method using a case study approach. Data are collected through documentation analysis of transaction records, including invoices and Unified Income Tax withholding receipts. The findings are expected to provide insights into the appropriateness of the applied tax base determination method and its implications for tax compliance and efficiency within the company’s operational practices and financial reporting system.

Putri Debora Silalahi

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The revocation of business licenses by the President of the Republic of Indonesia against 28 companies proven to have violated forest utilization regulations signifies a shift in environmental law enforcement from a predominantly punitive criminal approach to preventive administrative measures. This article aims to analyze the legal basis of the President’s authority to revoke business licenses related to natural resource utilization, to position license revocation as an instrument of environmental law enforcement within Indonesia’s legal system, and to assess its implications for environmental protection and legal certainty for business actors. This study employs a normative juridical research method using statutory and conceptual approaches. The findings indicate that Presidential license revocation possesses juridical legitimacy within the framework of the rule of law and environmental and forestry legislation. Nevertheless, the implementation of such a policy requires clear administrative procedural standards to ensure legal certainty and to prevent potential abuse of power. This article concludes that license revocation can function as an effective environmental law enforcement instrument provided that it is accompanied by adequate oversight mechanisms and due process of law.

Sri Yulianty Mozin; Filshabilla Wantu; Izzatunisa Akuba; Adelia Safitri Husain; Nirmawati Mahmud

International Journal of Humanities and Social Sciences Reviews 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Public services are a state obligation to meet the basic needs of the community and have a strong legal basis through various laws and regulations in Indonesia. However, in practice, the implementation of public services still faces various problems such as slow service processes, unclear procedures, lack of transparency in costs and service times, and maladministration. This study aims to analyze the gap between the normative concept of public services and their implementation in practice and to identify factors that influence the low quality of public services. The research method used is a qualitative approach with library research through analysis of various literature, laws and regulations, and data from public service supervisory agencies. The results show that the main problems in public services in Indonesia are related to the weak implementation of service standards, low transparency and accountability, and suboptimal professionalism of the apparatus. In addition, maladministration practices such as prolonged delays and procedural deviations are still common. Digital transformation through the implementation of e-government is one effort to improve service quality, although its implementation still faces obstacles in human resources, infrastructure, and bureaucratic culture. Therefore, strengthening public service governance, increasing transparency, and optimizing oversight are necessary to ensure public services are more effective, accountable, and oriented toward the public interest.

Miyaki Natanael; Priyanto Priyanto; Editha Praditya

International Journal of Management 2026 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study examines the implementation of Indonesia’s Visa on Arrival (VoA) policy in DKI Jakarta as both an instrument of tourism-driven economic recovery and a component of non-military national defense management under Law No. 23 of 2019 on the Management of National Resources for National Defense. While VoA has significantly contributed to the rebound of international tourist arrivals—surpassing 11 million visits nationally in 2023—it simultaneously generates governance challenges at strategic entry points such as Soekarno–Hatta International Airport, where facilitation of mobility intersects with risks including overstaying, transnational crime, human trafficking, and potential infiltration by non-state actors. Existing scholarship largely emphasizes economic impacts and regulatory frameworks, leaving limited analysis of VoA as part of an integrated civil defense infrastructure. Addressing this gap, the study aims to analyze how VoA implementation in DKI Jakarta is managed within a non-military defense perspective, particularly regarding institutional coordination, immigration intelligence, and risk mitigation mechanisms. Employing a qualitative case study approach, data were collected through in-depth interviews with immigration officials and security stakeholders, document analysis of relevant laws and ministerial regulations, and review of official immigration statistics, followed by thematic analysis. The findings indicate that although VoA effectively supports economic and diplomatic objectives, its function as a non-military defense instrument remains constrained by fragmented inter-agency coordination, uneven intelligence integration, and limited adaptive governance capacity at the local level. Strengthening collaborative surveillance systems, data-sharing mechanisms, and strategic policy alignment between immigration authorities and national defense institutions is therefore essential. The study concludes that reframing immigration governance as part of Indonesia’s broader non-military defense strategy is crucial to balancing openness with security in high-density international gateways.

Annisa Rizky Nadya; Monica Erda Amalia; Nadia Lutfi Natasya; Rizha Claudilla Putri

Referendum : Jurnal Hukum Perdata dan Pidana 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the juridical mechanism and implementation of canceling unilateral actions by bankrupt debtors through the actio pauliana lawsuit, providing legal protection for creditors. Debtors often transfer assets before bankruptcy, reducing the value of the bankruptcy estate and harming creditors. Using a normative legal research method with statutory and conceptual approaches, this study explores the legal basis of Article 1341 of the Indonesian Civil Code, as elaborated by Articles 41 to 50 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). The analysis shows that canceling unilateral actions, such as asset transfers, grants, or debt waivers, requires evidence of bad faith and awareness of potential losses by both debtors and third parties. This lawsuit serves as a claw-back provision to retrieve assets that were wrongfully removed from the bankruptcy estate, ensuring the pari passu pro rata parte principle. The main obstacle is proving the subjective element of "knowledge" and the conflict of interest with protecting third parties acting in good faith. In conclusion, strengthening the curator’s role and aligning the interpretation of commercial court judges is crucial to protect creditors' economic rights from manipulative actions by debtors.

Alfa Beta Seli Ananda; Maya Shafira; Muhammad Farid; Ahmad Irzal Fardiansyah; Rini Fathonah

Referendum : Jurnal Hukum Perdata dan Pidana 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes law enforcement related to the application of the death penalty with a ten-year probation period as stipulated in the Criminal Code (KUHP). The results of the study show that the enforcement of the conditional death penalty is carried out in three stages, namely the formulation, application, and implementation stages. The formulation stage is reflected in the establishment of the death penalty as a special alternative and conditional punishment in Law Number 1 of 2023, the application stage is carried out through the application of norms by law enforcement officials, while the implementation stage relates to the execution of court decisions against convicts. The change in the construction of the death penalty from an absolute primary punishment to an alternative and special conditional punishment has fundamental legal implications for the criminal justice system in Indonesia, especially with the existence of discretion for judges and law enforcement officials to assess the possibility of changing the type of punishment based on the convicted person's remorse and efforts to reform themselves during the probation period.

Mhd. Ihwanuddin Hasibuan; Helviana Hasibuan; Yasmirah Mandasari Saragih

Law and Justice research journal 2026 International Forum of Researchers and Lecturers

Drug abuse in Indonesia has reached an alarming level and has become a complex legal and health problem. This study aims to examine the criminal law policy applied to drug abusers from a health perspective, with a focus on the rehabilitative approach as an alternative to punishment. The method used is normative legal research with a statute approach and a conceptual approach, through a literature study of laws and regulations, court decisions, and relevant scientific literature. The results of the study indicate that Law Number 35 of 2009 concerning Narcotics contains a dualistic approach, namely punishment (penal) and rehabilitation (non-penal), but its implementation still tends towards imprisonment. From a health perspective, drug abuse is an addictive disorder that requires a medical and psychosocial approach, not solely a criminal repressive approach. An ideal criminal law policy should combine proportional criminal sanctions with a comprehensive medical and social rehabilitation program. This study recommends policy reforms that are more oriented towards the health recovery of drug abusers without neglecting the aspect of law enforcement against drug dealers and traffickers.

A.M. Fadli Mappisabbi; A. Noerhayati Amirullah; Nurasia Natsir

International Journal of Management and Digital Sciences 2026 International Forum of Researchers and Lecturers

Good governance has become a crucial framework for improving public sector effectiveness, accountability, and responsiveness to citizens’ needs. In Indonesia, decentralization policies since 1999 have devolved significant authority and resources to local governments, creating both opportunities and challenges in implementing good governance principles. This study examines administrative reform efforts in Indonesian local governments, focusing on progress, challenges, and key success factors. Using a multiple case study design, the research analyzed reform initiatives in six district/city governments with diverse contexts. Data were collected through document analysis, semi-structured interviews with government officials, civil society representatives, and citizens, as well as direct observation of administrative processes conducted between March and November 2024. The study assessed six core principles of good governance: participation, transparency, accountability, effectiveness and efficiency, equity and inclusiveness, and rule of law. The findings reveal variations in implementation across regions, with high-performing governments demonstrating strong leadership commitment, systematic planning, active citizen engagement, and effective monitoring mechanisms. However, challenges persist, including limited capacity, bureaucratic resistance, weak accountability enforcement, and low public participation. Key success factors include visionary leadership, capacity development, strategic partnerships, and institutional strengthening. Policy recommendations emphasize enhancing local capacity, accountability systems, citizen participation, and performance evaluation. Good governance has become a crucial framework for improving public sector effectiveness, accountability, and responsiveness to citizens’ needs. In Indonesia, decentralization policies since 1999 have devolved significant authority and resources to local governments, creating both opportunities and challenges in implementing good governance principles. This study examines administrative reform efforts in Indonesian local governments, focusing on progress, challenges, and key success factors. Using a multiple case study design, the research analyzed reform initiatives in six district/city governments with diverse contexts. Data were collected through document analysis, semi-structured interviews with government officials, civil society representatives, and citizens, as well as direct observation of administrative processes conducted between March and November 2024. The study assessed six core principles of good governance: participation, transparency, accountability, effectiveness and efficiency, equity and inclusiveness, and rule of law. The findings reveal variations in implementation across regions, with high-performing governments demonstrating strong leadership commitment, systematic planning, active citizen engagement, and effective monitoring mechanisms. However, challenges persist, including limited capacity, bureaucratic resistance, weak accountability enforcement, and low public participation. Key success factors include visionary leadership, capacity development, strategic partnerships, and institutional strengthening. Policy recommendations emphasize enhancing local capacity, accountability systems, citizen participation, and performance evaluation.

Ratih Sulastri; Zamroni Abdussamad; Fitran Amrain

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Collecting donations for natural disaster victims is a form of social solidarity widely practiced by the community, including students. However, in practice, these fundraising activities must be carried out in accordance with applicable legal provisions, specifically Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 8 of 2021 concerning the Implementation of the Collection of Money or Goods (PUB). This study aims to analyze the implementation of Ministerial Regulation Number 8 of 2021 in the practice of collecting donations for natural disasters by students. The research method used is a normative empirical research method with a legislative and sociological approach. Data were obtained through literature review and interviews with the Social Services Agency and student organizations. The results show that the implementation of Ministerial Regulation Number 8 of 2021 in student fundraising activities has actually taken place, but is not yet fully optimal. This is evident in the continued discovery of donation collections carried out without official permits from authorized agencies and the lack of accountability reporting for collected funds. This condition indicates that the level of compliance with administrative provisions in the implementation of fundraising is still relatively low. Therefore, increased regulatory dissemination, more effective oversight, and increased legal awareness among students are needed to ensure that fundraising activities are carried out transparently, accountably, and in accordance with applicable laws.

M. Bahtiar Ubaidilla; Ruston Nawawi; Ulfi Fatima’ulliza; Erica Tri Susilorini; Rifka Nur Fatihah +20 more

Jurnal Pelayanan Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

Limited understanding of inheritance law and village financial management among village officials remains a significant issue that may trigger social conflict and weaken village governance effectiveness. This community service program aims to strengthen the capacity of village officials through inheritance law socialization and assistance in village financial management. The activity employed a descriptive method with a participatory approach. Implementation was carried out through structured socialization sessions, interactive discussions, and direct technical assistance adjusted to village administrative practices. Data collection techniques included observation, documentation, and pre-and post-activity evaluations to measure participants’ understanding. The results demonstrate an improvement in village officials’ knowledge of basic inheritance law principles and their awareness of transparent, accountable, and regulation-based village financial management. Furthermore, the program enhanced officials’ understanding of their strategic role in addressing community legal issues and supporting good village governance. Overall, this activity contributes to improving the professionalism and accountability of village administration in delivering community-oriented public services.

Jenny Ermalinda; Chatryen M Dju Bire; Adhe Ismail Ananda; Daud Yaferson Dollu; Cyrilius Wilton Taran Lamataro

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study examines the legality of on-street parking levy practices in Kupang City from a constitutional law perspective, with a primary focus on the application of the legality principle. The background of this research stems from a significant discrepancy between the legal norms established in statutory regulations and the empirical administrative practices occurring in the field. Identified issues include the collection of levies without official tickets, the lack of clarity regarding the identity and legal status of collection officers, and the inconsistent and non-transparent application of parking tariffs. This research employs a normative-empirical legal method by applying statutory, conceptual, and empirical approaches through limited field observations. The findings indicate that although the Kupang City Government formally possesses the attribution of authority to collect parking levies, the implementation frequently deviates from the established legal procedures. Such deviant practices potentially constitute ultra vires actions and violate the principle of due process of law in government administration. This study concludes that the substantive legality of parking levies in Kupang City has not been fully realized, thereby undermining legal certainty and public trust in the legitimacy of local governance. The implications of this research emphasize the imperative for comprehensive reform of the supervision system and stricter enforcement of administrative procedures to ensure the rule of law at the local level.

Rani Aulia; Orin Gusta Andini; Sulung Nugroho

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to analyze the implementation of rehabilitation at the investigation stage for drug abuse cases and the integrated assessment mechanism in influencing decisions to continue or terminate legal proceedings against drug users in Samarinda City. Drug abuse remains a serious issue in Indonesia, with more than 60% of inmates in correctional institutions being convicted of narcotics-related crimes. This condition indicates that conventional punitive approaches have not been effective in reducing drug abuse; therefore, the application of rehabilitative legal policies, as stipulated in Law Number 35 of 2009 on Narcotics and Supreme Court Circular Letter (SEMA) Number 04 of 2010, is necessary. This research employs a socio-legal research method with a qualitative approach, conducted through in-depth interviews with investigators at the Samarinda City Police (Polresta Samarinda) and officers at the National Narcotics Agency (BNN) of Samarinda, as well as a literature review of relevant laws and legal materials. The findings reveal that the implementation of rehabilitation at the investigation stage in Samarinda City has not been fully effective, due to limited resources, lack of inter-agency coordination, and the persistence of a repressive paradigm in handling narcotics cases.