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Journal : KRTHA BHAYANGKARA

Penegakan Hukum Terhadap Tindak Pidana Eksploitasi Seksual Yang Dilakukan Oleh Suami Terhadap Istri ­­­ Iren Manalu; Rahman Amin
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.791

Abstract

Today the crime of trafficking in persons in the form of sexual exploitation is increasingly common with various modes of operation, one of which is making the wife a commercial sex worker by her husband which can be seen in print and online media, where this can also be categorized as a crime of domestic violence. As an example of the case of the criminal act of trafficking in persons in the form of sexual exploitation committed by a husband against his wife as a commercial sex worker as stated in the Decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN. SDA, where in its application law enforcers, especially judges in court, only apply the provisions in the law on the crime of trafficking in persons even though the actions of the accused can be applied to the provisions in other relevant laws. This research is normative legal research by studying the applicable laws and regulations related to court decisions in the cases studied. The results of the study show that law enforcement of sexual exploitation crimes committed by husbands against wives in the decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN.SDA applies Article 2 of Law Number 21 of 2007 concerning Eradication of Trafficking Crimes People, but acts of exploitation by perpetrators and victims are bound in a legal marriage, so legally the application of the law can also apply Article 8 letter b of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the perpetrators can be subject to maximum legal sanctions for acts exploits that have been carried out.
Penguatan Komisi Kepolisian Nasional Dalam Pengawasan Penyidikan Tindak Pidana Oleh Polri Rahman Amin; Muhammad Fikri Al Aziz
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.815

Abstract

Changes since the separation of the Indonesian National Police from the ABRI include institutional, substantive and cultural aspects, marked by the passage of the law on the Indonesian National Police as the legal basis for the Indonesia National Police to become an independent and professional institution. However, the reform of the Indonesia National Police from the cultural aspect has not been carried out as expected, especially in law enforcement, cases are still handled unprofessionally and contrary to legal provisions so that external supervision, one of which is by national police commission, is important. This research is normative juridical, with a statutory approach, where secondary data is obtained through library research, and is supported by primary data from the field. This study aims to determine the current condition of national police commission, and how national police commission will be strengthened in the future in the supervision of criminal investigations by the Indonesia National Police. The results of the research, that there are still many weaknesses in national police commission, namely the position of national police commission which was formed as an advisory institution placed under the President, the formation of national police commission is only based on a Presidential Regulation with limited duties and authorities, the legal culture of Indonesia National Police members who do not fully understand the duties and functions of national police commission, human resources are still lacking, infrastructure is inadequate, and budget allocations cannot meet national police commission’s workload.Strengthening national police commission in the future through institutional changes to national police commission as an independent external monitoring institution for Indonesia National Police, strengthening the legal basis for establishing national police commission with laws, building a legal culture for Indonesia National Police members by increasing understanding of the duties and functions of national police commission, increasing the number of national police commission employees with appropriate competencies needs, provide infrastructure in the form of office buildings and adequate facilities, and increase the amount of the budget in accordance with the workload faced by national police commission.
Law Enforcement Against Perpetrators of Criminal Acts In The Insurance Sector In The Perspective of Money Laundering (Study At Manado District Court) Rahman Amin; Hadrian, Endang; Haryani Putri, Anggreany; Pramudya Tama, Audy
KRTHA BHAYANGKARA Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i1.1111

Abstract

Human life activities are inseparable from the risks that can occur at any time that can cause losses. One effort to overcome this is to use insurance services, but today there are often cases of insurance that harm the community, among others, due to irregularities by insurance agents and the perpetrators are only subject to criminal sanctions in the insurance sector, even though the act is a criminal act of money laundering. This research is a normative juridical research, using a statutory approach and a case approach. The results of the study, that law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit based on Manado District Court Decision Number: 125/Pid.Sus/2021/PN. Mnd dated June 8, 2021, has not been implemented optimally in accordance with the provisions of applicable laws and regulations, where law enforcement only applies the provisions of general crimes and criminal acts in the insurance sector, despite the fact that Mrs. Swita Glorite Supit committed money laundering proceeds in the insurance sector. Obstacles in law enforcement against perpetrators of criminal acts in the insurance sector in the perspective of money laundering in cases committed by Mrs. Swita Glorite Supit, consists of aspects of legal substance, where the provisions on criminal acts in the field of insurance and money laundering are special crimes so that Investigators and Public Prosecutors only apply crimes in the field of insurance, and there are no regulations of the Financial Services Authority that specifically regulate the procedures, procedures and activities of insurance agents. Aspects of legal structure, where the understanding of law enforcement who handles the case so that it does not apply the provisions of money laundering in accordance with the actions committed by Mrs. Swita Glorite Supit, and aspects of legal culture, where the public does not know and understand well the provisions governing criminal acts in the field of insurance, and about money laundering
Aspek Hukum Pengoperasian Pesawat Udara Tanpa Awak Menurut Hukum Positif di Indonesia Rahman Amin; Muhammad Fikri Al Aziz; Iren Manalu; Ishanti Nurjanah Rahayu R
KRTHA BHAYANGKARA Vol. 16 No. 1 (2022): KRTHA BHAYANGKARA: JUNE 2022
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v16i1.1185

Abstract

Nowadays, unmanned aircraft are widely used in various activities of human life, not only for military purposes, but also for civilian purposes. In addition to providing benefits, the use of unmanned aircraft can create security and safety vulnerabilities for manned aircraft flights and cause other problems. Therefore, it is urgent to study the legal provisions of unmanned aircraft and the problems that can arise in their operation. This research is normative juridical, with a statutory approach. Techniques for collecting legal materials through literature study. The results of the study indicate that the operation of unmanned aircraft is required to comply with the provisions on air space in Indonesia, pass operator or remote pilot certification, register the unmanned aircraft used, as well as other technical matters before and during its operation.Problems that can be caused in the operation of unmanned aircraft, namely problems while in the air, namely collisions with manned aircraft and violations of air space provisions, problems on the ground, namely the fall of an unmanned aircraft on people or objects below it, and other problems related to rights. privacy, copyright, use of r