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Kesenjangan Implementasi Undang-Undang Tindak Pidana Kekerasan Seksual: Analisis Empiris Perlindungan Hukum Bagi Pekerja Perempuan Korban Pelecehan Seksual di Tempat Kerja Sendi Pratama Sugandi; Haidan Angga Kusumah
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 3 (2026): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i3.1843

Abstract

Workplace sexual harassment is a fundamental human rights violation that threatens the dignity of female workers. However, the implementation of Indonesia’s Sexual Violence Crime Act still reveals significant gaps between legal norms and practical realities. This study analyzes the implementation and barriers of legal protection for female workers experiencing workplace sexual harassment under the Sexual Violence Crime Act. Using a juridical-sociological approach with qualitative methods, data were collected through interviews with victims, investigators from the Women and Children Protection Unit of the Bandung Metropolitan Police, employers, HR managers, and victim advocates, supported by observation and document analysis of case files from 2023–2025. The findings indicate that most companies have not implemented sexual harassment prevention policies as required by Article 87 of the Act. Furthermore, limited case prosecution and secondary victimization remain major challenges for victims. Barriers are identified in three dimensions: legal substance, legal structure, and legal culture. This study highlights the need for implementing regulations, strengthening institutional capacity, and increasing legal awareness among employers and female workers to improve protection against workplace sexual harassment.
Turjawali Berbasis Efektivitas Hukum: Evaluasi Empiris Penegakan Lalu Lintas di Polres Bangka Edwarddo Fratama; Haidan Angga Kusumah
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 3 (2026): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i3.1848

Abstract

This study aims to analyze the effectiveness of the Traffic Regulation, Guarding, Escort, and Patrol (Turjawali) activities conducted by the Traffic Unit of the Bangka Regional Police in enforcing traffic law and to identify the legal, institutional, infrastructural, social, and cultural factors influencing their implementation. The study employed an empirical legal research method using a descriptive-analytical qualitative approach. Primary data were collected through interviews with traffic police officers, direct observation of Turjawali activities, and operational documentation. Secondary data were obtained from statutory regulations, scientific literature, police reports, and traffic violation statistics. Data were analyzed through reduction, thematic interpretation, presentation, and comparative analysis based on Soerjono Soekanto's theory of legal effectiveness. The findings indicate that Turjawali activities have been relatively effective in reducing traffic violations and accidents in Bangka Regency. Traffic violations declined from 18,342 cases in 2019 to 12,845 cases in 2023, while traffic accidents decreased from 156 to 76 cases during the same period. Nevertheless, the effectiveness of implementation remains constrained by limited personnel, inadequate patrol facilities, low public compliance, and a permissive traffic culture. The study recommends strengthening the Turjawali strategy through risk-based law enforcement, greater utilization of information technology, continuous public education, and stronger collaboration with local governments, schools, and road-user communities to achieve sustainable improvements in traffic safety.
Kepastian Hukum dan Efektivitas Pembuktian Digital dalam Penyidikan Online Fraud: Analisis Normatif Pasal 235 KUHAP Baru dan Implementasinya di Polres Cimahi Yudhi Hariyanto; Haidan Angga Kusumah
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 3 (2026): Juli : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i3.1849

Abstract

The surge in online fraud in Indonesia demands reliable digital evidence procedures, yet the normative frameworks of the Electronic Information and Transactions (EIT) Law and the new Criminal Procedure Code (Law No. 20/2025) lack adequate technical guidance for investigators at the regional level. To analyze the adequacy of digital evidentiary norms and their implementation in online fraud investigations at the Cimahi Regional Police. This normative juridical study employs statutory, conceptual, and case approaches. Primary data were obtained through limited structured interviews with investigators of the Criminal Investigation Unit of the Cimahi Police, supplemented by document study of legislation, court decisions, and legal literature. Qualitative-prescriptive analysis was conducted using legal certainty theory and law enforcement effectiveness theory. Three layers of normative gaps were identified: a procedural void in evidence acquisition and authentication (leemten), vague authenticity parameters in Article 235(3) (vage normen), and disharmony between the broad authority of Article 43 of the EIT Law and the absence of police technical guidelines. At the implementation level, investigators face limited forensic competence, facilities, and laboratory access. Technical implementing regulations, digital forensic SOPs, investigator certification, and early coordination with prosecutors are urgently needed to bridge the gap between normative standards and operational capacity. This is the first study to integrate a normative analysis of Article 235 of the new Criminal Procedure Code (effective January 2, 2026) with a limited empirical evaluation of online fraud investigation practices at the police-precinct level, offering an integrated evaluation framework linking legal certainty with law enforcement effectiveness in digital evidence.
Beyond Repression: Reorienting Samapta Authority in Brawl Control in West Java Muchammad Zafata Ilhamda; Haidan Angga Kusumah
Law and Justice research journal Vol. 2 No. 3 (2026): July: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i3.152

Abstract

Brawls in West Java represent a persistent form of collective street crime that threatens public order, child protection, and police legitimacy. This article examines Samapta’s legal role in preventing brawls and identifies barriers affecting its implementation. Using empirical juridical research with statutory, conceptual, and socio-legal approaches, the study collects primary data through interviews, operational observations, and institutional documents from the West Java Regional Police, supported by secondary legal and academic sources. Data were analyzed qualitatively using authority theory and Soerjono Soekanto’s five-factor model of legal effectiveness, with triangulation to strengthen validity. The findings indicate that Samapta’s authority is normatively comprehensive based on police laws, organizational regulations, and operational procedures. However, implementation remains uneven due to the dominance of repressive measures, limited resources, communication constraints, and weak post-operation accountability. Barriers involve legal substance, personnel capacity, facilities, community participation, and violent subcultures. The study argues that brawl control requires a shift from incident suppression toward preventive governance through procedural accountability, integrated communication, community-based early warning systems, peace education, and responsive police regulations. This article proposes an ecosystem model integrating patrol, crowd control, public trust, and cultural transformation as interconnected elements of street-crime governance.
Narcotics Suspect Pursuit Discretion: Testing Legality and Accountability in West Java Police Enforcement Ibnu Mutsriadmoko; Haidan Angga Kusumah
Law and Justice research journal Vol. 2 No. 3 (2026): July: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i3.153

Abstract

Pursuing narcotics suspects places police officers in rapid, risky, and rights-sensitive situations. Police law recognizes discretion, yet pursuit rules remain insufficiently detailed. This regulatory gap creates tension among effective narcotics enforcement, public safety, and accountability for coercive police conduct within the West Java Regional Police. This article analyzes the legality of pursuit discretion in narcotics cases and the legal accountability of narcotics investigators using normative and empirical perspectives. The study applies a juridical-empirical approach with descriptive-analytical specifications. Primary data were obtained through interviews, limited observation, and operational document review, while secondary data consisted of legislation, legal literature, court decisions, and institutional reports. Data were analyzed qualitatively through reduction, thematic categorization, source triangulation, and normative interpretation based on Philipus M. Hadjon's authority theory and Hans Kelsen's legal certainty theory. The findings show that pursuit discretion derives from statutory attribution under the Police Law and appears in four forms: deciding whether to pursue, selecting pursuit methods, using force, and assessing *in flagrante delicto* situations. However, the concepts of public interest and urgent necessity remain operationally vague, making the limits of authority and accountability insufficiently predictable. The study recommends a specific National Police Regulation on pursuit, scenario-based standard operating procedures, discretion and human-rights training, mandatory documentation, and coordinated internal and external oversight. The originality of this study lies in positioning narcotics pursuit discretion as an independent category of police action rather than merely part of arrest or firearms use.
Legal Certainty in Police Ethics Examinations by West Java BIDROPAM sakur sakur; Haidan Angga Kusumah
Law and Justice research journal Vol. 2 No. 3 (2026): July: Law and Justice research journal
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/ljrj.v2i3.154

Abstract

Enforcement of the Police Professional Code of Ethics is a measure of institutional accountability after the issuance of Police Regulation Number 7 of 2022. In West Java, rising ethics cases and sanctions reveal a need to assess gaps among normative procedures, examination practice, transparency, timeliness, and parties' rights.This article analyzes the conformity of KEPP examinations by West Java Bidpropam and formulates obstacles and optimization strategies under Regulation 7/2022. The study applies an empirical juridical approach with descriptive-analytical specification. Data were obtained from Police Regulation Number 7 of 2022, the Police Law, scholarly literature, KEPP case data, and field findings compiled in the thesis. The analysis is qualitative, using Hans Kelsen's legal certainty theory and Soerjono Soekanto's law enforcement theory to compare norms, practice, obstacles, and reform recommendations. Validity was strengthened through source, document, observation, and legal triangulation. The study finds that KEPP examinations follow normative stages: complaint receipt, preliminary examination, case filing, KKEP hearing, and appeal. Nevertheless, legal certainty remains suboptimal because consistency, compliance with the 30-day period, information transparency, and the rights of examined officers and complainants are not yet fully substantive. The main obstacles concern legal rules, examiners, facilities, public trust, and organizational culture. Their interaction makes delays and bias difficult to solve separately. These findings require KEPP examination reform beyond administrative compliance. The Police should strengthen SOPs, procedural sanctions, case digitalization, examiner competence, complainant protection, and internal-external oversight to restore public trust and ensure transparent, objective, accountable, and fair examinations for affected and involved parties. The article's originality lies in an empirical juridical analysis combining legal certainty and law enforcement theories to assess not only procedural existence but also implementation quality. Its focus on West Java Bidpropam offers locus-based evidence and recommendations for implementing Police Regulation Number 7 of 2022 in ethics reform.
Analisis Upaya Penanggulangan Tindak Pidana Pencurian dengan Kekerasan di Polres Sukabumi Wahyudi, Raysha Aulia; Haidan Angga Kusumah
Jurnal Ragam Pengabdian Vol. 3 No. 2 (2026): Mei-Agustus, Sustainable Development Goals (SDGs): Multidisciplinary Perspectiv
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/z5e85y54

Abstract

Tindak pidana pencurian dengan kekerasan merupakan salah satu bentuk kejahatan jalanan yang masih sering terjadi dan menimbulkan keresahan di masyarakat. Kejahatan ini tidak hanya menyebabkan kerugian materiil, tetapi juga mengancam keselamatan korban serta menimbulkan rasa takut dalam kehidupan sosial. Penelitian ini bertujuan untuk mengetahui dan menganalisis upaya penanggulangan tindak pidana pencurian dengan kekerasan di Polres Sukabumi serta faktor-faktor yang mempengaruhi pelaksanaannya. Metode penelitian yang digunakan adalah yuridis empiris dengan pendekatan kualitatif. Data diperoleh melalui wawancara dengan personel Unit Jatanras Satreskrim Polres Sukabumi, studi kepustakaan, dan dokumentasi. Hasil penelitian menunjukkan bahwa Polres Sukabumi telah melakukan upaya penal dan non penal dalam menanggulangi tindak pidana pencurian dengan kekerasan. Upaya penal dilakukan melalui penyelidikan, penyidikan, penangkapan pelaku, hingga pelimpahan perkara ke kejaksaan. Upaya non penal dilakukan melalui patroli rutin, Kegiatan Rutin Yang Ditingkatkan (KRYD), pengawasan wilayah rawan, sosialisasi keamanan, serta kerja sama dengan masyarakat melalui pos kamling. Namun, pelaksanaannya belum optimal karena dipengaruhi oleh luas wilayah hukum, keterbatasan sarana pengawasan, keterbatasan personel, serta belum meratanya partisipasi masyarakat dalam menjaga keamanan lingkungan. Penelitian ini diharapkan menjadi bahan evaluasi bagi kepolisian dalam meningkatkan efektivitas penanggulangan kejahatan dan memperkuat kerja sama dengan masyarakat.
Law Enforcement Problems Against Cyber Crime Performed Through Phishing Method Yusep Ardian; Ujuh Juhana; Haidan Angga Kusumah
Rechtsnormen: Journal of Law Vol. 1 No. 3 (2023)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i3.435

Abstract

Background. Technology can be said to be a "double-edged sword" because it is developing very rapidly, many people use it to make life easier, but behind that the speed of technology is used as a tool to commit crimes and create new problems in the form of cyber crime, namely phishing. Purpose. The purpose of this research is to find out how law enforcement against cybercrime cases committed through the phishing method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. The results showed that the Justice System has a major influence in the process of upholding law and justice starting from the Police level, the Prosecutor's Office to the Court Decision, besides that the ability of law enforcers to eradicate cybercrime is still limited in several ways such as, facilities and facilities, lack of expertise of law enforcement officials in handling cyber crackers, lack of police access to the latest information technology, and lack of public awareness and knowledge which will result in many obstacles. Conclusion. The point is that the legal framework in the field of technology must be able to keep up with the rapid advancement of technology, although there are already laws governing these crimes, they need to be updated to reflect the progress of increasingly modern times and the variety of cyber crimes that may occur in the future.
Implementation of Restorative Justice in Traffic Accident Cases at Sukabumi City Police Station Haidan Angga Kusumah; Agus Rasyid Chandra Wijaya; Novita Zahra
Rechtsnormen: Journal of Law Vol. 1 No. 4 (2023)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i4.495

Abstract

Background.  The transportation sector is a sector that has an important role in improving the welfare of society. Therefore, the government issued the Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation as a guideline for the creation of safe and comfortable transportation. Purpose. this research aims to find out how the implementation of restorative justice in handling traffic accident cases, especially at Sukabumi City Police. The method used in writing this thesis is a qualitative method with a normative juridical approach. Method. This research uses a normative juridical approach. Normative juridical research is often called theoretical research because normative juridical research discusses doctrines or principles in law. Results. The triggering factors for traffic accidents based on Law No.22/2009 are road negligence and vehicle negligence itself. In addition, there are internal factors that arise from humans such as carelessness, drowsiness, etc. Based on Law No.22 of 2009, there are no other events to resolve traffic accident cases other than criminal justice. However, Police Regulation No. 8 of 2021 on Handling Crimes Based on Restorative Justice provides a way to resolve traffic accident cases with restorative justice. Conclusion. Based on the description above, it can be concluded that the concept of restorative justice is a concept that is expected to complement the shortcomings of the criminal justice system. The implementation of the concept of restorative justice in traffic accident cases in Sukabumi City has been running in accordance with Police Regulation No. 8 of 2021 Handling Crimes Based on Restorative Justice.
The role of China’s Investment in Shaping the Redevelopment of Afghanistan Muhammad Al Amin; Mujibur Rahman Ahmadi; Haidan Angga Kusumah
Rechtsnormen: Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.497

Abstract

Background. The Afghanistan-China strategic relationship is multifaceted, characterized by economic convergences, security cooperation, and mutual diplomatic support. China's Belt and Road Initiative has played a significant role in deepening ties, especially through infrastructure development in Afghanistan. Purpose. In this paper authors tried to explore Afghanistan and China relations, how China plays an important role in the redevelopment of Afghanistan, discuss the prospects and challenges facing Chinese–Afghan relations, including from a regional perspective and also discussed how China fits into the vacuum left by the US withdrawal. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. At the same time, a rather stable Afghanistan free from threats by militant and terrorist groups could provide opportunities for China and other regional states to contribute to its post-conflict economic reconstruction and development. Conclusion. At the period since the Taliban took over an Afghanistan emptied of its foreign presence, there has been much more speculation that China will step in to fill the geopolitical, security and economic vacuum left by the West’s withdrawal. China surely has direct interests in a stable, developed and well-governed Afghanistan, not least to prevent spillover and assets in the wider regions of Central and South Asia.