cover
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
ISSN : 19788991     EISSN : 27215784     DOI : https://doi.org/10.31599/krtha
Core Subject : Social,
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 22 Documents
Search results for , issue "Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025" : 22 Documents clear
Reconstruction of he Application of Short Prison Sentence in the New Criminal Code Hakim, Lukman
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.3760

Abstract

There has been a lot of criticism on the effectiveness of short imprisonment which has not been able to reduce the crime rate in a country, thus requiring other alternative solutions in overcoming this problem. In addition, there are studies that show that judges in Indonesia have a tendency to impose punishment decisions on criminal acts with minor criminal threats. For this reason, the New Criminal Code has reconstructed the application of short imprisonment by applying other alternative punishments such as fines and community service based on the objectives of punishment and guidelines for punishment, which in turn is expected to reduce the existing crime rate.
Cryptocurrency and Asset Recovery in Bankruptcy: An Interdisciplinary Legal-Accounting Approach Wibowo, Benedictus Satryo; Ananda Sabrida Tora Boru Sinaga, Ananda Sabrida Tora Boru Sinaga
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.3987

Abstract

The increasing adoption of cryptocurrency in Indonesia poses legal and technical challenges in bankruptcy proceedings due to the absence of comprehensive regulation. This research aims to analyze the legal status, valuation mechanisms, and asset recovery of cryptocurrency in bankruptcy from an interdisciplinary legal-accounting approach. Using normative juridical methods and literature studies, the findings show that cryptocurrency's decentralized nature complicates identification and control, while regulatory inconsistencies between authorities exacerbate legal uncertainty. Forensic accounting is essential for asset tracing and valuation, yet lacks standardized frameworks. The study concludes that legal reforms and the integration of legal and accounting expertise are vital for effective management of digital assets in insolvency. 
Criminological and Victimological Analysis of the Crime of Sextortion in Video Call Sex (VCS)In the Digital Age Gayatri, Nungky Dwi; Supriadi, Moh; Akadol, Nina Septiana Jasri; Mukti, Plasma Versiana; Yuliana; Natalia, Kristiani
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4047

Abstract

Sextortion (sexual extortion) is a crime that exploits the vulnerability of the victim through the threat of distributing material containing pornography, for certain purposes such as financial gain, sexual gratification, or even psychological domination. However, sometimes what was originally intended as a proof of trust often turns into a tool of blackmail when the relationship is in conflict. So that victims are usually forced to do things that the victim does not want, but the perpetrator wants. Along with the development of ITE and the increasing use of digital applications, the crime of Sextortion is increasingly massive in video call sex (VCS), where men who are educated, intellectual, and have prominent positions become objects of sexual extortion. This article critically examines the root causes of various factors behind the occurrence of sextortion crimes on social media platforms?; and what is a holistic approach to address the driving factors for the crime of sextortion? This type of research is empirical juridical, by examining the applicable positive legal norms and their implementation in community practice. Data is collected through document studies and in-depth interviews as the primary information collection techniques. This article emphasizes the importance of comprehensive victim protection through trauma recovery services, legal assistance, and public education about digital security. A multidisciplinary approach that is on the side of victims is a crucial step in building a criminal justice system that is responsive to sexual crimes in the digital age
Law Enforcement Against Violent Crimes By Police Members: A Case Study of the Use Of Excessive Force Against Protesters Pinayungan Siregar, Pinayungan Siregar; Adi Nur Rohman, Adi Nur Rohman; Sri Wahyuni, Sri Wahyuni
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4146

Abstract

This research examines law enforcement against acts of violence committed by members of the Indonesian National Police in the context of the use of excessive force when securing demonstrations. The phenomenon is considered a form of violation of criminal law and human rights that has the potential to threaten the principle of the rule of law and undermine the legitimacy of the police institution. The approach used is normative legal research with juridical analysis of the Criminal Code (KUHP), Law No. 2 of 2002 on the Police, Law no. 39 of 1999 on Human Rights, as well as the Chief of Police Regulation relating to the use of force. The results of the study show that although normatively there is an adequate legal basis to limit and regulate the use of force by the apparatus, in practice it often deviates from the principles of legality, proportionality and accountability. Offenders are not always processed through the general criminal mechanism, but only through internal ethical channels, creating an impression of impunity. Therefore, it is necessary to strengthen the criminal accountability system, institutional reform, and independent external oversight so that the principles of the rule of law and the protection of human rights can be thoroughly upheld
Convergence of Criminal Law Instruments in the Misuse of Firearms by Police Officers: A Review of the Criminal Code, the Police Law, and the Human Rights Law Ari Eko Prasetyawan, Ari Eko Prasetyawan; Edi Saputra Hasibuan, Edi Saputra Hasibuan; Diana Fitriana, Diana Fitriana
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4152

Abstract

The misuse of firearms by members of the Indonesian National Police is a complex legal issue that has a direct impact on the guarantee of human rights, especially the right to life. This article aims to examine the convergence of criminal law instruments governing the use of firearms by members of the Indonesian National Police, as well as evaluating the criminal and disciplinary liability system in the context of such abuse of authority. This research uses a normative juridical method with a legislative approach and case studies. The results of the study show that although normative arrangements related to the use of firearms are available through the Criminal Code, Law No. 2 of 2002, and a number of Perkapolri, the implementation is still weak, especially in the aspects of supervision and accountability. There is a discrepancy between norms and practices, as well as a tendency for non-transparent internal settlements. This condition shows that substantive legal convergence has not been realized. Therefore, it is necessary to reformulate the accountability system that includes harmonizing regulations, strengthening independent oversight institutions, and integrating human rights principles in the entire law enforcement process. Thus, the Indonesian legal system can guarantee justice and prevent impunity among law enforcement officials.
The Philosophy of Islamic Finance and its Implications for Islamic Accounting Salwa, Siti; Atmo Prawiro, Atmo Prawiro; Sugeng Priyono, Sugeng Priyono
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4301

Abstract

The philosophy of Islamic finance is rooted in Islamic principles, upholding justice, transparency, and social responsibility as the foundations of the economy. Unlike conventional finance, which is oriented toward profit maximization, this philosophy prohibits usury, uncertainty, and gambling, and encourages investment in the real sector and profit-sharing practices to achieve comprehensive welfare (falah). These philosophical implications are highly significant for the concept of Islamic accounting. Islamic accounting not only aims to present relevant financial information but also ensures compliance with Islamic principles and reports on social performance. This is reflected in the recognition of income and expenses derived solely from halal sources, specific accounting treatment for Islamic contracts, and broader disclosure regarding Sharia Supervisory Board compliance and social contributions such as zakat. Thus, Islamic accounting functions as an accountability tool that reflects the ethical and moral values upheld in Islamic financial philosophy, aiming to achieve a fair and integrity-based economic system.
Challenges To Investigator Professionality In Law Enforcement: A Rule Of Law And Good Governance Perspective Widijowati, Rr. Dijan; Restu Adhie Charisma, Restu Adhie Charisma
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4512

Abstract

Enforcement the law in Indonesia does not can released from function and existence investigator as part from structure law. Investigators who have function enforcement law in fact not yet capable realize ideals law community. Complaints to The Chief of Police and the National Human Rights Commission to culminating in implementation title case specifically at the Criminal Investigation Unit of the Indonesian National Police Headquarters is one of the proof concrete investigator Not yet capable carry out task in accordance with need law community. The research method used is method juridical normative with approach studies case. Data collected through studies more literature carry on done analysis For can answer problem function and existence investigator in community. Research results show various obstacle professionalism investigator in carry out enforcement law. Implementation rule of law and good governance in function and existence investigator considered as step strategic for build integrity investigator in carry out function enforcement law. Strengthening regulation, supervision and cultural reform is step urgent to ensure fair and certain investigation law.
Legal Socialization Strategy in Expanding Understanding of Postnuptial Agreements for Indonesian Citizens in Taiwan Andhari Putri, Arsetty; Prahasti Suyaman, Prahasti Suyaman
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4527

Abstract

This study discusses legal socialization strategies in expanding the understanding of postnuptial agreements for Indonesian Citizens (WNI) in Taiwan. A postnuptial agreement is an important legal instrument to regulate the rights and obligations of husband and wife, especially in terms of property management, both during the marriage period and in the event of divorce. However, understanding of the existence and benefits of this agreement is still low among the Indonesian diaspora. This study uses a sociological juridical method with a qualitative approach, which not only examines the normative aspects of marriage law, but also explores the social realities that affect the effectiveness of the dissemination of legal information abroad. The results of the study show that the lack of socialization, limited access to information, and differences in legal and cultural contexts are the main obstacles in the dissemination of legal understanding. Therefore, an integrated legal socialization strategy such as online seminars, integrated counseling, social media, and the provision of Indonesian legal materials in accordance with the local context is urgently needed. With this strategy, it is hoped that Indonesian citizens in Taiwan can better understand their rights under marriage law and be encouraged to make post-marriage agreements consciously and legally. This research emphasizes the importance of collaboration between governments, foreign representatives, legal practitioners, and diaspora communities in creating inclusive and sustainable legal literacy.
Counterintelligence in Legal Perspective: Balancing National Security and Human Rights in Indonesia Riyanta, Stanislaus
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4528

Abstract

This study examines the crucial role of counterintelligence within the legal framework of Indonesia, focusing on the inherent tension between safeguarding national security and upholding human rights in the face of evolving contemporary threats. Utilizing a qualitative legal analysis approach, this research scrutinizes existing Indonesian laws, particularly the State Intelligence Law (Law No. 17/2011), to identify their adequacy, ambiguities, and potential for legal and ethical challenges in counterintelligence operations. It analyzes how core counterintelligence functions—such as intelligence gathering, surveillance, and neutralization—are regulated and the extent to which they align with international human rights standards. The study highlights critical legal gaps concerning privacy protection, accountability mechanisms, and oversight of intelligence agencies. Based on this analysis, it proposes concrete legal reforms and policy recommendations aimed at strengthening Indonesia's counterintelligence capabilities while ensuring robust adherence to democratic principles, rule of law, and fundamental human rights. This includes advocating for clearer legal mandates, enhanced independent oversight, and transparent accountability frameworks to foster public trust and legitimacy in counterintelligence practices.
Legitimizing Sexual Predators in the 2025 Draft Criminal Procedure Code Sepmiko, Jorza; Syauket, Amalia; Kusuma, Ja; Sihombing, Hubertus L.; Irwan, Irwan
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4548

Abstract

This paper analyzes a legal loophole in Law No. 1 of 2023 concerning the Indonesian Criminal Code (KUHP) related to the exemption from criminal responsibility for persons with mental disabilities (Article 67 juncto Article 64 paragraph (1) letter c, Article 103, Article 38, and Article 39). This loophole has the potential to be misused by sexual offenders, such as sexual predators with paraphilic disorders, to avoid imprisonment and only receive action-based sentencing in the form of rehabilitation or even absolute acquittal. This research uses a normative method with criminological and victimological approaches. The findings indicate that the convergence between the provisions of the 2023 KUHP and the 2025 Draft Criminal Procedure Code (KUHAP), particularly Article 45 concerning the temporary suspension of investigations and diversion mechanisms, has the potential to cause the "attrition" of sexual violence cases before substantive trials. This undermines the deterrent effect, increases the risk of recidivism, and leads to secondary victimization. Therefore, this paper recommends revisions to the 2025 Draft KUHAP, including restrictions on the suspension of investigations and diversion for severe sexual crimes, as well as the establishment of stricter evidentiary standards for proving mental disability

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