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Hadya Zuhra; Dahlan Dahlan; Iskandar A. Gani

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The number of corruption cases in Indonesia continues to increase. The termination of the investigation of alleged corruption at the Aceh Truth and Reconciliation Commission by the Banda Aceh City Resort Police based on a Memorandum of Understanding between the Government Internal Supervision Apparatus and Law Enforcement Apparatus raises problems because it is contrary to the Law on the Eradication of Corruption Crimes which emphasizes that the return of state losses does not erase the crime. This inconsistency raises questions about the validity of stopping corruption cases through the Memorandum of Understanding. This study aims to assess the validity of the Memorandum of Understanding between the Government Internal Supervision Apparatus and the Law Enforcement Apparatus as the basis for stopping corruption cases, as well as to outline the legal process that should be taken by the Banda Aceh City Resort Police. This research uses a normative juridical method with a legislative, case, and conceptual approach, based on secondary data from various legal materials. The analysis was carried out in an analytical descriptive manner. The results of the study show that the Memorandum of Understanding between the Government Internal Supervision Apparatus and the Law Enforcement Apparatus cannot be the basis for the termination of corruption cases at the Aceh Truth and Reconciliation Commission because it is only coordinated, not a source of criminal law. The note is only suitable for use to follow up on reports through audits. In addition, the Banda Aceh City Resort Police should continue the case to the investigation stage because the elements of corruption, evidence, as well as elements of mens rea and actus reus have been fulfilled without any justification or excuse. It is suggested that the memorandum of understanding can only be a coordinating guideline, not a basis for stopping corruption cases. Any report must still be processed, and the Banda Aceh City Resort Police are obliged to continue the investigation even though the state losses have been returned.

Rahmat Zarkasih Londa; Hartoyo Hartoyo; Nasoetion, Dedi Wardana; Sri Astutik

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.

Parman Gultom; Fauzie Yusuf Hasibuan; Maryano Maryano

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the political reconstruction of fair juvenile criminal law in the diversion mechanism at the investigation stage in Indonesia. The background of the research departs from the gap between the empirical conditions (das sein) and the ideal conditions (das sollen) mandated by the Law on the Juvenile Criminal Justice System UU SPPA and the principle of the best interest of the child in the Convention on the Rights of the Child. The research method used is normative legal research with legislative, case, and comparative approaches. The results of the study show that the implementation of diversion faces obstacles in substance, structure, and legal culture: procedural uncertainty, limited capacity of apparatus, lack of supporting facilities, and weak coordination across institutions. This research offers a reconstruction of legal politics in these three domains at once substance, structure, and culture so that diversion truly becomes an instrument of restorative justice that restores, not punishes. The scientific contribution of this article lies in the formulation of a multi-layered policy model, the elaboration of performance indicators for the implementation of diversion at the investigation stage, as well as a matrix of operational recommendations for stakeholders at the police, prosecutor's office, court, and child social service institutions.

Okta Rifo Fauziyah; Yana Indawati

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human trafficking is a highly complex form of transnational crime involving transnational criminal networks. This crime generally originates from developing countries with unstable socio-economic conditions, where women and children are often the primary victims. They are forced or tricked into working in exploitative sectors, particularly sexual exploitation, labor exploitation, and other forms of oppression that benefit agents, distributors, and organized crime syndicates. In Indonesia, regulations regarding this crime are stipulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking. This study aims to determine the form of legal protection provided to victims of human trafficking in the jurisdiction of the Surabaya Police, as well as to understand the various obstacles faced by police officers and the efforts made to overcome them. The research method used is empirical juridical, namely examining the law in practice through primary data obtained from interviews, observations, and official documents, then combined with secondary data in the form of legal literature, laws and regulations, and tertiary legal materials to support the analysis. This study found that the Surabaya City Police have implemented legal protection measures for victims of human trafficking in accordance with applicable regulations, from handling reports and conducting investigations and inquiries, to coordinating with relevant agencies such as social services, women's and children's protection agencies, and non-governmental organizations. However, several obstacles remain, including limited police resources, low victim awareness of reporting cases, and threats from perpetrators that discourage victims from cooperating. Despite this, maximum efforts continue to be made through improved inter-agency coordination, legal and psychological assistance for victims, and firm law enforcement against perpetrators. Therefore, it can be concluded that legal protection for victims of human trafficking at the Surabaya City Police has been quite effective, although institutional strengthening and increased public legal awareness are still needed.

Dicki Agri Kurniawan; Megawati Barthos

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the role of discretion exercised by law enforcement officers, especially within the context of criminal investigations. Discretion refers to the authority granted to investigators, prosecutors, and judges to make decisions that are not always explicitly regulated by written laws or regulations. It is granted to allow flexibility in addressing situations that require quick, context-specific decisions. Discretion is necessary because not every legal situation can be anticipated in advance by the law, especially in dynamic and unpredictable situations that law enforcement professionals encounter daily. However, the exercise of discretion must be grounded in the core principles of justice, legal certainty, and respect for human rights, ensuring that decisions are made fairly and in accordance with legal norms. While discretion allows law enforcement officers to exercise judgment and adapt to diverse situations, it also carries significant risks, particularly the potential for abuse of power. Such abuse could manifest in inappropriate criminalization of innocent individuals, discriminatory practices, or biased decisions that undermine the legitimacy of the justice system. The possibility of such negative consequences necessitates a careful and responsible approach to the application of discretion. Law enforcement officers must not only act in accordance with the law but also adhere to ethical standards and ensure that their decisions are made transparently and equitably. Therefore, the study emphasizes the need for strict oversight and the development of clear, consistent guidelines to govern the exercise of discretion. Supervision mechanisms, such as internal audits and external oversight bodies, are crucial in monitoring law enforcement activities and ensuring that officers do not misuse their powers. Furthermore, providing adequate training to law enforcement personnel on the ethical and legal boundaries of discretion is vital in preventing arbitrary or unjust decisions.

A. Junaedi Karso

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The Law on State-Owned Enterprises (BUMN) by the Indonesian House of Representatives on February 4, 2025 has been ratified, and then signed by President Prabowo Subianto on February 24, 2025, destroying the concept of who the state administrators are as regulated in Law Number 28 of 1999 concerning the Implementation of a Clean State Free from Corruption, Collusion, and Nepotism.Law No. 1 of 2025 concerning BUMN, places the directors, commissioners, and supervisors of the state-owned company not as state administrators. This means that the Corruption Eradication Commission or KPK can no longer handle law enforcement in BUMN if corruption occurs, except for the Police, Prosecutor's Office and BPK (supervision), as stated in Article 3X of Law No. 1 of 2025, which states that: "The Agency's organs and employees are not state administrators. It is emphasized again in Article 9G: Members of the Board of Directors, Board of Commissioners, and Supervisory Board of BUMN are not state administrators". Meanwhile, financial supervision is still carried out by the Audit Board as stated in Article 3K: Audit of the management and financial responsibility of the Agency is carried out by the Audit Board. Although in the KPK Law, it is stated in Article 11 paragraph (1) that: "In carrying out the duties as referred to in Article 6 letter e, the Corruption Eradication Commission has the authority to conduct investigations, inquiries, and prosecutions against Corruption Crimes that: a. involve law enforcement officers, State Administrators, and other people related to Corruption Crimes committed by law enforcement officers or State Administrators; and/or b. involve state losses of at least IDR 1,000,000,000.00 (one billion rupiah)".Therefore, the Law Order, the KPK must submit and obey to carry it out, because the Law (UU) functions as a basic or principal rule for organizing the state, regulating society, a tool to limit power, and as a means of social renewal. The Law also functions to regulate life in society, the nation, and the state and is expected to be able to resolve various problems that exist in society.In fact, the impact of corruption in BUMN is no joke. The destruction of economic growth, state and community income can be disrupted which results in direct state losses, but leads to the potential for increasing poverty and the loss of the government's safety net in the form of declining quality of public services and investor confidence in Indonesia, etc.

Sarmadani Sarmadani; Yudhanto Satyagraha Adiputra; Khairi Rahmi

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The circulation of narcotics in Tanjungpinang City has increased from 2019 to 2023, despite various programs implemented by relevant agencies. Based on the data, there were 422 suspects apprehended, with 395 suspects acting as distributors (dealers) and 27 suspects as users. The presence of two main institutions, the National Narcotics Agency of Tanjungpinang City and the Narcotics Crime Unit of Tanjungpinang City Police, has not yet been fully effective in reducing the rate of drug trafficking. This study aims to analyze the application of collaborative governance in combating drug trafficking in Tanjungpinang City, based on the theory of Schottle, Haghsheno, and Gehbauer (2014) with seven indicators: willingness to compromise, communication, commitment, mutual trust, transparency/information exchange, knowledge sharing, and willingness to take risks. The method used is a descriptive qualitative approach. Data was collected through interviews and documentation. The research results indicate that willingness to compromise is reflected in cooperation such as joint investigations and coordination in handling suspects. Communication between agencies is conducted both formally and digitally, though not yet structured on a routine basis, it remains responsive. Commitment is demonstrated through Operation Antik, the BNNP prevention program, and the consistent and sustained participation of the DPC GANN. Mutual trust is built through open communication and recognition of each party's role. Transparency and information exchange are evident in the openness of data and access to information between agencies and the public, though technological challenges remain. Knowledge sharing is facilitated through contributions from the National Narcotics Agency (BNN), the police, and former offenders, fostering collective learning. Willingness to take risks is evident in the courage to adopt new approaches for innovation in drug eradication.

Revinta Irma Kartikasari; Subekti Subekti

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Protection of children's rights in the Indonesian legal sistem has received serious attention with the enactment of Law Number 11 of 2012 concerning the Juvenile Criminal Justice Sistem (UU SPPA). This law emphasizes that imposing sanctions on children is not the primary goal, but rather a means to achieve child welfare through a restorative justice approach. The SPPA Law regulates two channels for resolving cases: formal justice and diversion. Diversion is a process for resolving children's cases outside the court system, aiming to prevent children from experiencing formal justice processes that have the potential to have long-term negative impacts on their psychological and social development. This study focuses on the implementation of diversion efforts during the investigation stage within the jurisdiction of the Madiun City Police. The method used in this study is an empirical method, namely by examining the implementation of the law in social realities in the field through observation and interviews with relevant parties. The results of the study indicate that the Madiun City Police have implemented diversion efforts quite well and in accordance with the provisions of the SPPA Law. The implementation of diversion is carried out by considering the principles of restorative justice and involving various parties, including child perpetrators, victims, families, and the police. However, several obstacles to implementing diversion exist, including a lack of public understanding of the concept and benefits of diversion, and frequent debates between perpetrators and victims, particularly regarding compensation issues within diversion forums. Therefore, increased public outreach and legal education, as well as stronger coordination between the institutions involved, are needed to optimally achieve the primary goals of the juvenile criminal justice system.

Narendra Pratama; Harti Winarni

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the modern era, law enforcement faces increasingly complex challenges driven by socio-economic inequality, rapid urbanization, advancements in information technology, and shifting societal values. One significant consequence is the rise in violent crimes committed collectively (mobbing), which remains concerning issue in Indonesia, including Bantul, DIY. This research adopts a legal and empirical approach, examining causal factors and challenges faced by the Bantul Police’s Criminal Investigation Unit in handling mob violence cases. These acts are regulated under Article 170 of the KUHP, characterized by their open (openlijk) and collective (met vereenigde krachten) nature. Factors influencing mob violence include environmental conditions, personal revenge, the influence of social media, and educational background. Obstacles in the investigation include difficulties in identifying perpetrators, collecting sufficient evidence, and addressing the psychological state of both victims and witnesses. Statistical data highlights this ongoing issue: in 2022, there were 84 reported cases with 64 resolved; in 2023, 58 cases were reported with 42 resolved; in 2024, 53 cases were recorded with 41 resolved. From January to May 2025 alone, 21 reports were filed, with only 15 resolved. Although the number of reports has declined, the persistence of these cases demands more serious and coordinated responses from all stakeholders.

Nurmiati Nurmiati; Harti Winarni

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This research was conducted due to the rapid development of technology and social media, which have a significant impact, including the increase in cybercrime. Technology is now often misused to commit legal violations, such as extortion through social media. This research employs a Normative Juridical and Empirical approach. The normative approach is conducted by examining regulations and literature, while the empirical approach is through direct interviews with sources. Data is collected through literature studies and interviews. The results show that extortion on social media at the Yogyakarta Police is caused by economic factors and the perpetrators' confidence in technology. Law enforcement is carried out through the stages of reporting, investigation, arrest, inquiry, and the preparation of case files.

Dirmawan Suryadi; Mohd. Din; Ali Abubakar

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In Aceh, the provision of guidance is regulated in Articles 5 and 6 of Gubenur Regulation Number 139 of 2016, which states that the main task and function of the Civil Service Police Unit and Wilayatul Hisbah Aceh is the guidance function. Article 1 point 14 of Qanun Number 7 Year 2013 on Jinayat Procedure Law states that the function of Wilayatul Hisbah (WH) is to socialise, supervise, enforce, and foster the implementation of Islamic Sharia. Therefore, there is a problem of interpreting the authority of coaching carried out by Satpol PP and WH of Lhokseumawe City. This study aims to determine the legal basis for the coaching of suspected jarimah violators by Satpol PP and WH of Lhokseumawe City and the legal consequences of coaching suspected jarimah violators without going through the judicial process carried out by Satpol PP and WH of Lhokseumawe City. The research method used is empirical juridical. Data sources are obtained through interviews with respondents and informants. The results of this study indicate that the coaching carried out by Satpol PP and WH of Lhokseumawe city against suspected jarimah violators does not have a clear legal basis. The coaching carried out is only based on a statement signed by the alleged jarimah violator during the investigation and the legal consequences of coaching against jarimah offenders by Satpol PP and WH of Lhoseumawe City without going through the judicial process is carried out without a legal basis which results in serious legal consequences such as the coaching is not legally valid (can be cancelled), violates human rights, and can be sued civilly or criminally prosecuted and reduces public confidence in Sharia law.

Alfarobbi, Kevin Ariel; Ubaidillah, Lutfian U

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Indonesian criminal justice system upholds the principle of legal certainty to ensure the protection of the rights of all parties involved in legal proceedings. One of the recurring issues is the ambiguity regarding the timeframe for Investigators to submit case files to Public Prosecutors, particularly in minor offense cases. Article 110 of the Indonesian Criminal Procedure Code (KUHAP) merely states the word "immediately" without specifying a definite time limit, creating opportunities for delays without firm legal consequences. This research employs a normative juridical method with a conceptual and evaluative approach to analyze statutory provisions and their practical application in Indonesia. The findings reveal that although ethical and disciplinary sanctions are regulated within internal police regulations, there is no explicit legal norm governing sanctions for Investigators who fail to promptly submit case files. Consequently, it is necessary to revise Article 110 of KUHAP by establishing a clear and binding timeframe, while strengthening both internal and external supervisory mechanisms to uphold legal certainty and enhance the effectiveness of the criminal justice system. Furthermore, public participation through digital media can serve as a form of social control over the negligence of law enforcement officers in Indonesia.

Putri Nurul Aini; Nurul Azkiyah; Najwa Ananda Putri; Ira Septika Putri

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law enforcement against theft cases not only reviews the position of the perpetrator but also the victim, because the victim has the right to receive protection both materially and immaterially; it is important for law enforcement officers to help victims obtain legal certainty and justice. The purpose of the author's research is to determine the obstacles experienced by victims of motorcycle theft in an effort to obtain their rights as victims and effective strategic efforts to ensure that the rights of victims of motorcycle theft can be fulfilled. Research iThis uses qualitative methods and empirical normative juridical methods. The author conducted interviews as primary data in this article, followed by secondary data in the form of literature from the law (primary source material), books (secondary source material), and scientific journals (tertiary source material). The data obtained shows that there are still quite a lot of obstacles experienced by victims in seeking their rights as victims of motorcycle theft. Victims experience bureaucratic difficulties where the process is complicated; victims also find unprofessional service from law enforcement officers; and victims do not get further information regarding the investigation or get SP2HP. However, there are also effective strategic steps to fulfill the rights of victims of motorcycle theft, namely by increasing access to the legal process through online complaint services and increasing professionalism and responsiveness from law enforcement officers through routine training on handling victims. It can also be done regarding the recovery of victim losses by providing compensation mechanisms and strengthening supervision and prevention by collaborating between the community and the police in the form of environmental security. This shows that there is still a lack of concern from law enforcement officers themselves for victims of motorcycle theft and there is still much that needs to be developed further by the government to improve the welfare of victims of motorcycle theft and government efforts to protect the community from criminal acts of theft.

Bella Fistya Asherli; Sidi Ahyar Wiraguna

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology has had a significant impact on the pattern of collecting, processing, and storing personal data in the digital era. However, this progress is also accompanied by an increasing threat of cybercrime, one of which is phishing attacks. Phishing is a digital fraud mode that aims to obtain personal data illegally through social engineering and manipulation of electronic systems. This study aims to analyze the form of legal protection for phishing victims in the perspective of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). Using normative legal methods and conceptual approaches, this study examines the role of state authorities such as the National Cyber and Crypto Agency (BSSN) and the Directorate of Cyber Crime (Dittipidsiber) of the National Police Criminal Investigation Unit in the procedures for handling and prosecuting phishing. The results of the study show that although the PDP Law has provided a clear legal framework, its implementation still faces challenges in technical aspects, institutional coordination, and public digital literacy. Therefore, strong synergy is needed between regulation, supervision, and public education to realize effective and sustainable personal data protection in the digital era.

Seri Mughni Sulubara; Harry Fauzi; Bohari Muslim; M. Fadli Ferdiansyah Putra; Musmulyadi Musmulyadi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Online gambling is a form of cybercrime that utilizes information and communication technology, especially the internet, as a medium to commit gambling crimes. Online gambling as a form of cybercrime has become an increasingly widespread phenomenon in line with the rapid development of information and communication technology. Gambling that was previously only known conventionally is now transforming into the digital realm by utilizing the internet as the main media. This research uses a theoretical study of online gambling as cybercrime. This research uses a qualitative approach with an analytical descriptive method. The types of data used are primary data in the form of laws and regulations (ITE Law, Criminal Code), online gambling case documents, official police reports, as well as academic literature and scientific articles related to cybercrime and online gambling. Meanwhile, secondary data is obtained from observation of the investigation process and law enforcement carried out by the cybercrime unit in the police. The data collection technique uses Library Research to collect secondary data relevant to cybercrime legal regulations and theories. The data analysis technique uses qualitative analysis techniques with a descriptive approach. Online gambling is expressly prohibited by Indonesian laws and regulations, especially through Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, such as Law No. 19/2016 and Law No. 1/2024. Article 27 paragraph (2) of the ITE Law prohibits any person from distributing, transmitting, or making accessible electronic information containing online gambling content, with imprisonment of up to 10 years and a maximum fine of IDR 10 billion in the latest amendment. In addition, the Criminal Code (KUHP) regulates gambling in general in Articles 303 and 303 bis, with criminal penalties that are also quite severe, although they do not specifically regulate online gambling. Law enforcement against online gambling faces various complex challenges. The existing regulations are still partial and not fully able to accommodate the cross-border and dynamic characteristics of cybercrime.Proof of online gambling cases relies heavily on electronic evidence that requires digital forensic expertise,such as imaging the perpetrator's device and server,as well as analyzing activity logs and electronic transactions

Martin, Lydyana Trisnaeni; Neva Tri Saharany; Jihan Rupa Puspa Ayu; Dimas Herdian Nugrahimsyah; Agung Widya Setya Pratama +2 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Magelang Regency, located in Central Java Province, is facing serious problems related to drug abuse. Drugs are an abbreviation of narcotics, psychotropics, and other dangerous addictive substances. In the law enforcement strategy, the Drug Investigation Unit has implemented a law enforcement strategy including investigations and inquiries, this is conducting in-depth investigations of drug networks and perpetrators of abuse. This study uses a normative and empirical approach. The data sources consist of primary and secondary data. There has been an unlawful act which is contained in Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, which occurred on the side of the road into the Salaman District area, Magelang Regency on Monday, January 6, 2025 at around 22.30 WIB. The results of the study concluded that the Drug Investigation Unit of the Magelang Police played a crucial role in handling recidivists in drug cases through prevention and law enforcement efforts. The government and law enforcement need to work together to increase the effectiveness of rehabilitation programs for drug abusers to prevent them from becoming recidivists on a large scale.

Sofyan Hardiyanto Abubakar; Ibrahim Ahmad; Marten Bunga

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug cases in Indonesia are at a very worrying level. The phenomenon of abuse of narcotics, psychotropic drugs, and illegal drugs (narcotics), should be a concern for the government and all levels of society in general. The rampant behavioral deviations of the younger generation, namely the occurrence of narcotics crimes, one of which is the abuse of narcotics and illegal drugs, are currently increasing. Teenagers are very potential targets for the circulation of narcotics and dangerous drugs, so there must be real efforts to prevent and eradicate them. The problem approach method used in this writing is the normative legal method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including laws and regulations, books and articles in journals and scientific works. The police in eradicating drug crimes have the authority in accordance with the mandate of Law Number 35 of 2009 concerning Narcotics and Law Number 2 of 2002 concerning the Police. The main authority includes investigation of Pre-emptive, Preventive, Repressive action.

Rahman, Muhammad Faiz; Husna, Aqila; Mihrab, Nurrahmah Stephanie; Oktaviana, Malkah Melia; Dariyah H, Salsabila Poetri

DINAMIKA HUKUM 2025 Universitas Stikubank

Abstract Indonesia is a country based on law and not based on mere power. A rule of law has a commitment to uphold every human right (HAM) and guarantees that every citizen has equal status before the law. Law has the aim of achieving peace, justice and benefits for society, in order to achieve order and tranquility in order to realize the supremacy of law. To realize legal supremacy, law enforcers are needed. This research uses a type of normative legal research, which is carried out by looking at secondary data or library sources which include primary and secondary legal documents. Criminal justice mechanisms in Indonesia still involve neglect of the Procedural Code. Criminal Procedure Code (KUHAP), especially in article 56. This is caused by law enforcers who think that the state is only obliged to offer and provide legal advice to accompany the defendant. If sanctions are not regulated for refusing to provide legal advice to the defendant, this will result in losses for the defendant in the investigation process starting from the police level to the judicial process, in which case it can be said that there is a legal vacuum. Keywords: Article 56 KUHAP, Legal Certainty, Legal Justice

Abalaka, J.N; Ajiteru,S.A.R; Sulaiman T.H

International Journal of Humanities and Social Sciences Reviews 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This essay examines Nigeria's leadership dilemma and civil-military relations in the twenty-first century. The connections between the civilian authority (CAU) and non-governmental civilian organizations are known as civil-military relations (CMR) organizations (NGCG) against the military. However, peacebuilding is a strategy for fostering reconciliation and capacity building that aims to stop conflict or its resumption. The study looks at South West Nigeria's peacebuilding and civil-military relations from 2011 to 2018. The documentary research approach was used for this study, while content analysis was used to examine the work's content. Data for the research project was gathered through observation and documentary investigations. Agency theory is the theory used in this investigation. The results showed that: the military voluntarily accepts their subordinate status to the civilian authority or his representatives because of a constitutional provision that allows for their subordination to civilian authority; Additional results indicate that there was a bad peace between the military and non-governmental civilian groups because of the disputes between the two groups, which were centered on mass harassment and intimidation. The National Assembly should pass legislation requiring only former military personnel to serve as ministers of defense and police, respectively, according to the study's recommendations. Once more, the National Assembly should establish the Independent Monitoring Operation on Military (IMOM) from among non-governmental civilian organizations to keep an eye on troops' movements and actions. It should also have the authority to reprimand and sanction soldiers.

Zakky Maulana Afizuddin; Nur Handayati; M. Syahrul Borman

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the investigation of narcotics crimes conducted by the Mojokerto City Police in accordance with the provisions of Article 114 in conjunction with Article 112 of Law Number 35 of 2009 concerning Narcotics. These articles regulate the threat of criminal penalties for drug dealers and users, and provide a legal basis for law enforcement officers in carrying out the investigation process. This study uses a normative legal method with a statutory approach and case analysis. The results of the study indicate that the investigation at the Mojokerto City Police has attempted to comply with applicable legal provisions, but there are obstacles such as a lack of competent human resources, obstacles in collecting evidence, and challenges in implementing rehabilitation for drug users. This study recommends increasing the capacity of investigators through training, optimizing cooperation with related agencies, and implementing more transparent and accountable investigation procedures.