cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Adi Nur Rohman
Contact Email
krtha.bhayangkara@ubharajaya.ac.id
Phone
+6285235968979
Journal Mail Official
krtha.bhayangkara@ubharajaya.ac.id
Editorial Address
Jl. Raya Perjuangan, Marga Mulya, Bekasi Utara Kota Bekasi
Location
Kota adm. jakarta selatan,
Dki jakarta
INDONESIA
KRTHA BHAYANGKARA
Published by Universitas Bhayangkara Jakarta Raya
ISSN : 19788991     EISSN : 27215784     DOI : https://doi.org/10.31599/krtha
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Krtha Bhayangkara Journal is published by the Law Study Program at the Law Faculty of Bhayangkara Jakarta Raya University. This scientific journal presents scientific articles that are the result of research, analysis of court decisions, theoretical studies, literature studies or conceptual critical ideas around current legal issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
 1   2 
Search results for , issue "Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024" : 16 Documents clear
Constitutional Values And Judges Morals In The Decision of The Constitutional Court Number 90/PUU-XXI/2023: Review of The Flow of Natural Law Nainggolan, Indra Lorenly; Nina Zainab
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.v18i1.783

Abstract

The decision of the Honorary Council of the Constitutional Court stated that the Constitutional Court judges who examined case Number 90/PUU-XXI/2023 were proven to have violated the right to refuse. The right to refuse is part of the independent and impartial principle of the Constitutional Court. There has been a conflict of interest between the norms being tested and the Constitutional Court judges. Conflicts of interest are constitutional and moral violations. What are the juridical consequences of Constitutional Court Decision Number 90/PUU-XXI/2023 which violates the constitution and morals from the perspective of natural law philosophy? This research uses a normative juridical research method with a conceptual approach, a statutory approachs and a case approach. The results of the discussion have found that in the MKMK decision that the judge consciously and deliberately ignored constitutional principles regarding the right to refuse in Law Number 48 of 2009 concerning Judicial Power. Overruling the right to refuse is tantamount to overruling constitutional principles. Judges place constitutional values in practice as semantic values. Apart from that, there was a moral violation which was assessed by the lack of awareness not to review case Number 90/PUU-XXI/2023 due to a conflict of interest. Awareness comes from conscience and is closely related to integrity, independence and impartiality. The integrity of judges as enforcers and guardians of the constitution is at stake. Moral and legal principles in the constitution are two things that go hand in hand in natural law philosophy.
Policy on Criminalisation of Necrophilia Behaviour: Case Study of Junior High School Students in Mojokerto Isnawan, Fuadi
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.v18i1.1056

Abstract

This tragic story involves a young man named M. Adi (19 years old) in Mojokerto, East Java, who was desperate to rape the corpse of junior high school student AE (15 years old). This incident occurred after his life was taken by his classmate, AB (15 years old). Adi raped AE's corpse twice, as the victim's life was taken by AB. Adi's motive was lust. The young man worked as a labourer in an iron factory, earning around Rp500,000 per week. This case began with AB's murder in the rice field behind his house. AB then took AE's body on a motorbike belonging to the victim's uncle to his parents' house. There, Adi was invited by AB to help dispose of AE's body. Adi raped the victim's body twice in an empty house. AB confessed his actions to the police and explained that Adi committed the rapes when he went to buy raffia rope to tie the plastic sack that would be used to wrap the victim's body. This case revealed a cruelty and perversion of behaviour that was deeply disturbing, and society and the law responded strongly to it. Corpse rape, or necrophilia, is a highly reprehensible act that goes against moral and ethical values. Involving sexual acts against a dead human body, which lacks the ability or awareness to consent or engage in the relationship, necrophilia violates basic human principles and social norms held by society. This case also highlights the lacunae in the law regarding necrophilia. While there is a threat of punishment for individuals who engage in corpse rape or mutilation, the existing arrangements have not been specific and explicit enough in addressing acts of necrophilia. Therefore, it is important to consider criminalising necrophilia more explicitly in order to address such inhumane acts and protect human dignity even after a person has passed away. This research applies the normative juridical legal research method to analyse the criminalisation policy of the act of intercourse with a corpse in the case of a junior high school student in Mojokerto, with reference to Criminal Law and Pancasila. A case approach is used in analysing the criminalisation policy of Necrophilia from the perspective of Criminal Law and Pancasila.
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
The Use of Social Media Among Indigenous Communities In Improving The Economy Towards The Progress of The Modern Era Based on The Republic of Indonesia Law No. 19 of 2016 Concerning Amendments To Law No. 11 of 2008 Concerning Electronic Information And Transactions Gatot Efrianto; Nia Tresnawaty
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.v18i1.1365

Abstract

Social media, also known as social networks, is part of new media. It's clear that the interactive content in new media is very high. Social media, quoted from Wikipedia, is defined as an online media, where users can easily participate, share, and create content including blogs, social networks, wikis, forums, and virtual worlds. Blogs, social networks, and wikis are the most common forms of social media used by people around the world. Social media has a significant influence on societal changes regarding their personalities. The purpose of this research is to determine the implementation of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, the application of sanctions for social media users who harm others. This research study is normative juridical in nature as the main approach, considering that the discussion is based on legislation and legal principles applicable to issues of information technology crimes. The juridical approach is intended to conduct an assessment of the legal field, especially criminal law. Most social media users who intend to harm others in their use of social media will be ensnared by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law), whether intentional or unintentional. The law should provide protection to internet users by thinking positively, having good intentions, and taking decisive action against cybercrime perpetrators. However, the legal system has not yet addressed all computer crimes through the Internet. The ITE Law is expected to provide guidelines in restricting the use of social media for the public.Top of Form
The Value of Restitution and Diversion in the Law Enforcement of Criminal Sexual Violence Against Children Widyaningrum, Tuti; Suharto, Andry
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.v18i1.1458

Abstract

The process of shifting the criminal justice system's case resolution process for offenses involving minor sexual assault to an outside location is known as diversion. One kind of diversion is returning money to victims of child sexual abuse; nevertheless, diversion and restitution are typically used less frequently in the criminal justice system. For this study, the following question was posed: Does law enforcement adhere to the juvenile criminal justice system when it comes to enforcing diversion and providing compensation for offenses involving sexual abuse of children? The study's technique is juridical-normative and follows the law. The study's findings show that law enforcement officers at all levels still stray from advised procedures even in the face of attempts to implement diversion within the criminal justice system. In order to make diversion mandatory during police investigations, public prosecutors' prosecutions, and judicial panel trials, rules and regulations that offer legal certainty are required.
Kedudukan dan Kewenangan Bawaslu Kota Bekasi Dalam Penanganan Pelanggaran Administrasi Dihubungkan Dengan Penegakan Keadilan Pemilu Safarin Novarizal; Hotma P. Sibuea; Rahmat Saputra
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.v18i1.1630

Abstract

Norma Pasal 462 UU No 7 Tahun 2017 menegaskan bahwa KPU tidak memiliki alasan untuk menolak putusan Bawaslu yang menjadi kewenangan Bawaslu, namun sebenarnya keputusan dan rekomendasi Bawaslu tidak sera-merta dilaksanakan KPU, karena adanya Perbedaan tafsir hukum atas UU No 7 Tahun 2017 tentang Pemilu dan dengan alasan kepentingan hukum yang lebih luas. Terdapat perbedaan/disparitas antara keputusan Bawaslu dengan pelaksanaan keputusan Bawaslu yang menjadi kewenangan KPU pada tataran praktik, sehingga sanksi administratif yang bersifat reparatoir tidak dapat dilaksanakan. Hal ini dapat mempengaruhi kualitas penegakan keadilan pemilu. Tujuan dari penelitian ini untuk menganalisis kedudukan dan kewenangan Bawaslu di Kota Bekasi dalam penanganan pelanggaran administrasi Pemilu dan menganalisis penanganan pelanggaran administrasi Pemilu terkait dengan penegakan keadilan Pemilu, sehingga dapat dijadikan sebagai solusi untuk meningkatkan efektifitas dan kualitas penanganan pelanggaran. Penelitian ini didasarkan pada beberapa teori, diantaranya: teori demokrasi yang menjelaskan bagaimana Pemilu merupakan bentuk kedaulatan rakyat, teori keadilan Pemilu, dan teori kewenangan. Hasil penelitian menyimpulkan bahwa sebanyak dua putusan pelanggaran penyelenggaraan Pemilu di Kota Bekasi hasil dari proses penanganan pelanggaran administrasi Pemilu. Sejatinya sanksi yang dijatuhkan bersifat reparatoir yakni mengembalikan kondisi semula sebelum terjadi pelanggaran. Namun, karena eksekutor pelaksana putusan tersebut ada pada kewenangan KPU, maka keputusan Bawaslu belum efektif ditindaklanjuti.
Disinformation As A Contemporary Security Threat: A Literature Review Prasojo; Muhamad Lukman Arifianto; Azhar Irfansyah
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.v18i1.1637

Abstract

Disinformation has become a threat to public security and order. Disinformation is a strategy to obscure information by spreading information that is deliberately false and false. Whatever the purpose of disinformation, the public will be the victims. Given its status as a threat, it requires appropriate policing measures to prevent the spread of disinformation. To counter disinformation, it is necessary to develop strategies by empowering communities to counteract disinformation when it occurs. By using the literature review method, this research will show some community empowerment policies that can be done to prevent the spread of disinformation.
Implementation of Community Service Order Based on Law Number 1 of 2023 In The Perspective of Justice And Legal Expediency Fahreshi Arya Pinthaka; Ali Masyhar; Cahya Wulandari
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.v18i1.1641

Abstract

This research is related to the reform of criminal law in Indonesia through community service order as an alternative to imprisonment. The type of research used in this study is normative legal research. The specifications used in this legal research are descriptive analytical, with a statute approach and a conceptual approach. The types of legal materials used in this research are primary and secondary legal materials. The method of collecting legal materials used by the author in this research is literature study. The method of legal material analysis conducted in this research uses qualitative analysis. The results of this research show that based on Law Number 1 of 2023 concerning the Criminal Code (KUHP), community service order is one of the main types of penalties that also serves as an alternative to short-term imprisonment, specifically for criminal offenses with a potential penalty of less than five years and where the judge imposes a maximum prison sentence of 6 (six) months. It also serves as a substitute for fines that do not exceed category II. This is an implementation of community service order to achieve the objectives of punishment and with the perspectives of justice and legal expediency.
Sophia, A Female Robot With Artificial Intelligence In View of Sociology of Government Ratna Indriasari; Amalia Syauket
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.v18i1.1649

Abstract

Sophia, a humanoid robot in the form of a woman who is equipped with artificial intelligence Sophia is good at numbers, performing repetitive tasks, interacting, communicating, and displaying attractive facial expressions. numbers, performing repetitive tasks, interacting and communicating in an interesting way as well as displaying facial expressions with various emotions. facial expressions with various emotions. AI in the context of sociology has unwittingly changed social life. social life. The existence of AI in the implementation of e-Government changes the pattern of communication in public services, affecting the socio-cultural ties that exist in the society. services, affecting previously strong socio-cultural ties and forming new communities. This phenomenon reflects the parameters of modernity, indicating changes in the order of the social system due to technological interference. This qualitative research aims to find out how the form of Social Interaction in Artificial Intelligence-Based Public Services (AI)-based Public Services is formed. Social Interaction of Artificial Intelligence-Based Public Services (AI) from the perspective of the sociology of government? The results The results concluded that AI is able to complete work without direct human interaction, or directly with humans. The use of AI technology in public services has potential benefits, such as increasing efficiency, service quality, and benefits for the community. Through the system Automated Customer service, Big Data Analysis for Decision Making, Security Detection Kiiminal Detection, Efficient Transportation Administration, Better Health Care and Diagnosis Society is increasingly responsive to the utilization of AI in public services, this is driven by increasing public awareness of the benefits of AI and the risks associated with AI utilization, such as loss of workers.
Regulation of Corporate Criminal Liability According To Law Number 1 Year 2023 On The Criminal Code Joko Sriwidodo; M.S. Tumanggor
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.v18i1.1650

Abstract

Corporation as a subject of criminal law that can be held criminally responsible is not known in the old Criminal Code. This is because the old Criminal Code is a legacy of the Dutch colonial government whose legal system adheres to the Continental European legal system (civil law). Countries that adhere to the civil law legal system are a little behind in terms of regulating corporations as subjects of criminal law, in contrast to countries that adhere to the common law legal system, which has regulated corporate liability and this has started since the industrial revolution. In Indonesia itself, the regulation on corporation as a subject of criminal law is regulated in the Law outside the Criminal Code. Meanwhile, the new Criminal Code has regulated corporations as legal subjects that can be held criminally liable. As regulated in Article 45 to Article 50, Article 56, and Articles 118 to 124 of Law No. 1 of 2023 on the Criminal Code. Although prior to the enactment of Law No. 1 of 2023 on the Criminal Code there was already Perma No. 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations and Regulation of the Attorney General of the Republic of Indonesia Number PER-28/A/JA/10/2014 concerning Guidelines for Handling Criminal Cases with Corporate Legal Subjects. Prior to the issuance of the regulation, the Attorney General's Office had first issued Circular Letter of the Attorney General of the Republic of Indonesia Number B-036/A/FT.1/06/2009 regarding Corporations as Suspects/Defendants in Corruption Crimes addressed to the Head of High Prosecutors throughout Indonesia. Thus, Corporations as a subject of criminal law can already be held criminally liable with the strength and legal certainty stipulated in the New Criminal Code.

Page 1 of 2 | Total Record : 16

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025 Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 Vol. 18 No. 2 (2024): KRTHA BHAYANGKARA: AUGUST 2024 Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024 Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023 Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023 Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 Vol. 16 No. 1 (2022): KRTHA BHAYANGKARA: JUNE 2022 Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021 Vol. 15 No. 1 (2021): KRTHA BHAYANGKARA: JUNE 2021 Vol. 14 No. 2 (2020): KRTHA BHAYANGKARA: DECEMBER 2020 Vol. 14 No. 1 (2020): KRTHA BHAYANGKARA: JUNE 2020 Vol. 13 No. 2 (2019): KRTHA BHAYANGKARA: DECEMBER 2019 Vol. 13 No. 1 (2019): KRTHA BHAYANGKARA: JUNE 2019 Vol. 12 No. 2 (2018): KRTHA BHAYANGKARA: DECEMBER 2018 Vol. 12 No. 1 (2018): KRTHA BHAYANGKARA: JUNE 2018 More Issue