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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 259 Documents
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Pertanggungjawaban Pidana Terhadap Suami Pelaku Penelantaran dan Penganiayaan Psikis Terhadap Istri Ditinjau Dari Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan Dalam Rumah Tangga Ahmad
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.v17i1.820

Abstract

The high rate of domestic violence prompted the government to promulgate a law that specifically regulates domestic violence, so that Law Number 23 of 2004 concerning the Elimination of Domestic Violence was born. Violence that occurs against women is often perpetrated by husbands, therefore in this writing the issue that will be discussed is how criminal responsibility is towards husbands who are perpetrators of neglect and psychological abuse of wives in terms of Law Number 23 of 2004 concerning the Elimination of Domestic Violence. From the research conducted, it can be concluded that violence against women violates and prevents women from enjoying their human rights and basic freedoms, so that there must be a legal action to protect wives or women from all kinds of violence they experience.
Urgensi Perlindungan Lahan Pertanian Pangan Terhadap Alih Fungsi Lahan di Daerah Istimewa Yogyakarta Gunawan Wibisono; Yeni Widowaty
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.v17i1.822

Abstract

One of the threats to achieving food security and sovereignty is the conversion of agricultural land functions because its application has an impact on food production, the physical environment, and the level of welfare of rural farmers whose livelihoods depend on their land which causes a decline in farmers' welfare. The conversion of agricultural land functions is also the cause of the limited area of cultivated land. Land conversion activities in the Special Region of Yogyakarta are increasing every year due to economic factors and population growth rates. The purpose of this study is to examine the urgency of protecting food agricultural land against land conversion in the Special Region of Yogyakarta and to propose future concepts related to the problems of existing land function specialists, especially in the Special Region of Yogyakarta. The research method is normative research and empirical research with primary, secondary and tertiary legal materials. The technique of taking legal materials in this study uses library research. Results and Conclusions: The form of expert protection for food agriculture land functions in the Special Region of Yogyakarta is regulated in "Regional Regulation of the Special Region of Yogyakarta Number 6 of 2021 concerning Amendments to Regional Regulations of the Special Region of Yogyakarta Province Number 10 of 2011 concerning Protection of Sustainable Food Agricultural Land. The Regional Regulation more or less contains: Determination of land that can be used as land for food agriculture, Mechanisms related to protection plans, Determination of the area of food agriculture land, Prohibition on converting food agricultural land Government efforts (By providing incentives for people whose land is on food agricultural land), Provisions violation of the prohibition of land function experts, and so on. The future concept concerns efforts to reduce the activities of land function experts that occur including so that no land function experts should minimize the chances of their occurrence by reducing the driving factors for these occurrences, controlling the activities of land function experts to reduce potential impacts that will arise and neutralize or overcome negative impacts
Tinjauan Yuridis Tentang Kepastian Hukum Kewenangan Perusahaan Dalam Penggeledahan Ponsel Pribadi Karyawan Joshua Evandeo Irawan
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.v17i1.823

Abstract

The use of sophisticated smartphones in the world of work often causes problems such as those that occur in PT. X, where a worker, Mrs. A, in early 2022, was forced to give her smartphone to be searched on orders from the Director of PT. X, named Mrs. B. The search warrant came as the alleged hate speech expressed by Mrs. A about Mrs. B to fellow workers via Whatsapp text message. The writing of this article aims to answer the big question of whether companies are authorized to check their employees' mobile phones in terms of the positive law in Indonesia, namely the ITE Law. The writing of this article uses the dogmatic normative juridical method by approaching it through statutes approach and conceptual approach. The final result of this article is that Mrs. A's smartphone is the personal property of Mrs. A where all data in the cellphone is private property protected by Article 26 paragraph (1) of the ITE Law jo Article 30 paragraph (1) of the ITE Law while Mrs. B as the Director of PT. X can conduct a search because Mrs. B is not classified as an investigator as explained in Article 43 of the ITE Law
Kesiapan Sistem Hukum Indonesia Dalam Transformasi Masyarakat Dari 4.0 Menuju 5.0 Niru Anita Sinaga; Dwi Atmoko
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.v17i1.824

Abstract

Law and society are two things that are closely related, as Cicero said, "Ubi Societas Ibi Ius" means, where there is society, there is law. The role of law in the transformation of society from 4.0 to 5.0 is very important. Readiness of the legal system: Legal structure, legal substance and legal culture are very important. The transformation is expected to realize orderly, simple and responsive regulations. This is done by adjusting the situation and conditions that occur without abandoning the values held by the Indonesian people. Relying on universal ethics contained in Pancasila and the 1945 Constitution. It is carried out with strategic steps including: Legislation, human resources, institutions, and legal culture so that the goals of the nation and state in the transformation of national, regional and global scales can be realized. The legal system must be able to keep up with technological developments so that the ideal and desired application of the law can be realized. This study discusses: How is the readiness of the Indonesian legal system in the transformation of society from 4.0 to 5.0? by using normative legal research methods (juridical normative).
Kepentingan Indonesia Terhadap Ekspresi Budaya Tradisional Dalam Sumber Hukum Internasional Mengenai Hak Kekayaan Intelektual Clara Ignatia Tobing; Jantarda Mauli Hutagalung
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.v17i1.825

Abstract

The Regime of Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (SDGPTEBT) is a different regime from the existing regime of intellectual property rights. The WIPO negotiations on SDGPTEBT were held in order to discuss the protection of the SDGPTEBT at the international level. One of the problems that emerged from these negotiations was the gap between developed and developing countries regarding the final form of the outcome of the negotiations. There is still no clarity regarding the status of the "international legal instrument" itself in terms of international law, whether the international legal instrument will be more inclined as a legally binding international agreement or a soft law that is not legally binding. In terms of the effect of the results of the negotiations on Indonesian national law, there is a need to promulgate a law sui generis regarding SDGPTEBT even though the results of the negotiations are still in the negotiation stage.
Kebijakan Penerbitan Sertipikat Elektronik Pada Sistem Pendaftaran Tanah di Indonesia Untuk Mewujudkan Kepastian Hukum Esther Masri; Hirwansyah
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.v17i1.827

Abstract

The rapid advancement of technology and the emergence of various applications encourage everyone to take advantage of electronic-based services that aim to provide convenience for users. Everyone can access the information needed anywhere. Likewise in the land sector which has undergone digital transformation and implemented electronic-based land services in the form of electronic documents by imposing electronic land certificates regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates. This study aims to provide legal certainty regarding the importance of changing documents proving ownership of land rights through digitalization because of the large number of multiple certificates and the land mafia which results in land disputes. To analyze this research, the writer uses a normative juridical approach that uses a document study search from statutory regulations. The results of the research from the author that the application of electronic land certificates is carried out in stages to meet the needs of the people in Indonesia. It is hoped that electronic certificates can provide protection and legal certainty to land rights holders and be able to provide resolution to land disputes.
Ratio Decidendi Penafsiran Klausula Eksonerasi Dalam Perjanjian Baku di Indonesia Fiona Wiananda Adhyaksanti; Kadek Wiwik Indrayanti
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.v17i1.828

Abstract

The existance of an exoneration clause in a standard contract often causes different interpretations by judges when faced with concrete cases. One interesting decision that has sparked debate was the Malang District Court Decision Number 94/Pdt.G/2017/PN Mlg, where the Defendant has included the prohibition of the exoneration clause in the standard contract. This is unacceptable to the Plaintiff, so the cancellation of the contract is requested. However, the Panel of Judges in their decision stated that they rejected all of the Plaintiff's claims. This study aims to analyze the ratio decidendi of the Malang District Court Decision Number 94/Pdt.G/2017/PN Mlg based on the principle of balance of positions between the parties. The research method used is normative legal research with statutory and case approaches The results of this study indicate that the Panel of Judges has its own perspective which has considered philosophical, juridical, and sociological aspects in its Decision. The main dispute that occurred between the parties was caused by the plaintiff's default and not because of the exoneration clause in the standard contract. However, even though the Panel of Judges rejected the Plaintiff's claim, in the context of the principle of balance in a standard contract, the position of the rights and obligations of the parties has not been realized, both from the beginning of the making of the contract to the implementation of the contract.
Wasiat Wajibah Sebagai Alternatif Pemberian Harta Peninggalan Kepada Ahli Waris Beda Agama Deden Hidayat; Ali Nurdin; Fitriyani; Surahman
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.v17i1.829

Abstract

This article aims to review the obligatory will in relation to the distribution of inheritance/inheritance to heirs who are not legally entitled to a share of the inheritance due to different religions from the heir. Based on the facts in the community, or based on the possibility of legal phenomena that could occur in the community, giving inheritance to non-Muslims is sometimes unavoidable, especially if there are religious differences between family members. Not infrequently, because of the love of parents for their children or their families, parents as heirs still give shares to children or family members who have different beliefs, even though this is not justified in syara'. In Islamic law, there are known rules of changing laws that adapt to situations and conditions. These rules can be used to analyze various kinds of current conditions related to Islamic law, one of which is the matter of giving inheritance to non-Muslim children or family members. Using this rule perspective, giving a mandatory will to non-Muslims is possible as long as it contains benefits.
Perlindungan Hukum Bagi Petani Korban Penipuan Jual Beli Bawang Merah(Studi di Kecamatan Sambi Rampas Kabupaten Manggarai Timur Provinsi Nusa Tenggara Timur) Nur Fadilah Al Idrus; Rufaidah
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.v17i1.830

Abstract

Sale and purchase of shallots by farmers and traders in Sambi Rampas sub-district based on trust and verbal agreement. The purpose of writing is to examine the problems of buying and selling shallots in Kec. Sambi Rampas and analyzing the impact of these transactions and proposing efforts to prevent fraud. Research method: empirical legal research. Legal materials: primary, secondary. Approach method: Case, Concept. Result: The problem of buying and selling shallots in Sambi Rampas District started with one of the successful traders committing mass fraud against farmers in 2015 and lasted until 2020. taken by the police through a compensation agreement but in fact the settlement for several years was not evenly distributed among all the farmers who were victims. The main cause was because the victim did not have proof of the purchase contract so the perpetrator did not admit that he had bought the victim's shallots. In fact, if farmers enforce formal contracts in their transactions, there will be no traders who want to buy their shallots. Suggestion: The police as law enforcement officers need to ensure the security of transactions for both parties, so the involvement of the police is needed, especially in large purchases and if the perpetrators of fraud escape, efforts are made to resolve cases firmly and seriously so as to gain the trust and satisfaction of the local community.
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.

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