Garuda - Garba Rujukan Digital

Keabsahan Penuntutan Bebas Dalam Kasus Valencya Lusia Sulastri
KRTHA BHAYANGKARA Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v15i2.1126

Dropping charges is a new landmark for Indonesian law. This practice indeed has not been regulated in the Criminal Procedure Code, since it is the court’s role to decide whether someone is guilty or not guilty, moreover the Prosecutor's Office is the one initially pursuing charges for Valencya with Article 45 verse (1) in conjunction with Article 5 letter B of Law No. 23 of 2004 on The Elimination of Domestic Violence, but then decided to do the opposite. Therefore, this practice is an interesting to study. This study indicates that the existence of an acquittal had shown that the prosecutor's dominus litis in carrying out prosecution. The attorney general has a valid legal basis, namely Article 35 letter c of Law Number 16 of 2004 on the Prosecutor's Office of the Republic of Indonesia through the implementation of th principle of opportunity to a case. Thus, the acquittal of Valencya is valid despite it being unusual. The acquittal of Valencya rises a discovery and legal reform, to prosecutor's dominus litis in carrying out prosecutions not only to delegate criminal cases to the District Court in terms of and according to the method regulated by law, but also prosecuting for acquittal, meaning that the Public Prosecutor is given the right to use a sense of crisis in determining a criminal case and the Public Prosecutor may demand the release of a defendant for justice based on progressive law.

Perlindungan Hukum Terhadap Hak-Hak Konsumen Terkait Tiket Pesawat Yang Dibatalkan Maskapai Penerbangan Masa Pandemi Covid-19 Ferdiana Mailawati; Sri Wahyuni
KRTHA BHAYANGKARA Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v15i2.1182

Air transportation is one of the means of air transportation that is needed by someone who wants to travel between islands and even between countries with long enough distances that can be traveled in a relatively faster time when compared to other transportation. However, when consumers have ordered and paid for airline tickets with certain destinations according to their needs and needs, when the COVID-19 pandemic hit Indonesia and even almost all countries in the world experienced it, there were several policies carried out by the government of the Republic of Indonesia in order to prevent the transmission of the virus. This has an impact on aviation transportation. so that there are flight transportation schedules that have been cancelled. This study will answer the question of how the legal protection of consumer rights related to the cancellation. Normative juridical research method with a legal approach, namely regulations related to consumer and aviation protection that apply in Indonesia. The results of this study analyze the legal protection of consumer rights related to compensation when the flight ticket that has been ordered is canceled by the airline between the facts and the relevant regulations are appropriate.

Perlindungan Hukum Terhadap Hak-Hak Konsumen Terkait Tiket Pesawat Yang Dibatalkan Maskapai Penerbangan Masa Pandemi Covid-19 Ferdiana Mailawati; Sri Wahyuni
KRTHA BHAYANGKARA Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v15i2.1183

Air transportation is one of the means of air transportation that is needed by someone who wants to travel between islands and even between countries with long enough distances that can be traveled in a relatively faster time when compared to other transportation. However, when consumers have ordered and paid for airline tickets with certain destinations according to their needs and needs, when the COVID-19 pandemic hit Indonesia and even almost all countries in the world experienced it, there were several policies carried out by the government of the Republic of Indonesia in order to prevent the transmission of the virus. This has an impact on aviation transportation. so that there are flight transportation schedules that have been cancelled. This study will answer the question of how the legal protection of consumer rights related to the cancellation. Normative juridical research method with a legal approach, namely regulations related to consumer and aviation protection that apply in Indonesia. The results of this study analyze the legal protection of consumer rights related to compensation when the flight ticket that has been ordered is canceled by the airline between the facts and the relevant regulations are appropriate.

Rekonstruksi Politik Hukum Undang-Undang Aparatur Sipil Negara Berbasis Nilai Keadilan Rahmat Saputra
KRTHA BHAYANGKARA Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v15i2.1184

The purpose of the study was to find and analyze the protection of the law of honorary staff and PPPK after the highest number 5 of 2014 concerning state civilian apparatus and to find and analyze the form of new construction of legal politics of state civilian apparatus based on the value of justice. The method used in this study is the method of normative legal research with legislation approaches and case approaches. The results of the study of the differences in PNS and PPPK which are not based on the nature and type of work have violated the issue of the issue that mandates the management of ASN employees who are nationally integrated. The ASN Law violates the principle of legal certainty, especially in relation to the clarity of employment between the government and PPPK employees. The absence of certainty and protection to become a permanent employee of the state, including honorary staff, non-permanent employees, non-civil servant employees, and contract staff. In an effort to provide legal justice and certainty for PPPK and honorary staff, non-permanent employees, permanent non-civil servants, and contract workers who have been serving the government, it is expected to be the preparation and discussion of the bill on changes in the ASN Law.

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

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

Domestic Violence in The Perspective of Law and Human Rights Melanie Pita Lestari
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.v16i1.1187

Domestic violence is more and more happening and increasing and sometimes experienced by women in the household so that they become victims. The perception of violence here is in the physical sense of the body and full of wounds or bruises. At the same time, psychologically, it is caused by fear due to the perpetrator's treatment of their mental State and violence due to sexual harassment in marriage or frequent sexual intercourse that is excessive than usual without seeing the partner's readiness. The problem studied is how the implications of domestic violence are viewed from the Law and human rights, especially for victims in fulfilling their rights. The purpose of this paper is to find out how domestic violence is related to Law and human rights. The method used is normative juridical research because it examines or examines from the literature or literature or laws and regulations relating to existing problems, where the result is that domestic violence is also a legal aspect and is also a violation of human rights related to it human rights, so that it is not only problems or domestic disputes, but the perpetrators can be punished for violating the rights of the victims themselves.

Examining The Shift in The Procedural Law of The Administrative Court: Discourse on Changes in Society and The Judiciary M. Ikbar Andi Endang; Moh. Fadli; Istislam; Dewi Cahyandari
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.v16i1.1188

Shifting the procedural law of the Administrative Court is a necessity. This happened as an effort to respond to the absence of arrangements for resolving administrative disputes and government administration regulated in sectoral laws. The Supreme Court through Perma responded to the void in legislations regarding the procedures or procedures for this matter. To analyze the context, this study uses a legal approach, a historical approach, and a conceptual approach. Based on the analysis, it can be seen that there is a shift in the conservative setting from the procedural law of the Administrative Court towards a procedural law system with a progressive setting nuance. This can be seen with changes in procedures, both in terms of reducing the levels of examination, reducing the process of proceedings, and determining the grace period for the event process. With this progressive system, the renewal of the case administration system and the electronic trial go hand in hand. Interpreting the dynamics between law and the judiciary with changes in society, the momentum for changes in the procedural law of the Administrative Court with social changes in society accommodates legal certainty and the principles of a simple and fast trial. Consequently, the shift in the character of the Administrative Court requires proper legislation in a law that regulates the procedural law of the Administrative Court

Peranan Kompolnas Dalam Mendukung Upaya Optimalisasi Penegakan Hukum Oleh Polri Terhadap Kejahatan Konvensional Menonjol di Indonesia Syahrir Kuba
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.v16i1.1189

Crime is the shadow of human civilization. So far, the trend of the development of prominent conventional crimes (crime index) in Indonesia tends to increase while the implementation of law enforcement is still not optimal. Against this condition, it is necessary to investigate various factors related to the effectiveness of conducting investigations and investigations into prominent conventional crimes committed by members of the National Police Investigation Unit, including legal substance, legal structure, and legal culture. The National Police Commission (Kompolnas) can request data and information from members and officials within the National Police, government agencies, the public, or other parties deemed necessary to support the implementation of the main tasks of the National Police in the field of law enforcement in Indonesia. However, even though Kompolnas have carried out this role, it is not yet fully optimal due to the wide scope that must be handled, so it has not been able to touch/monitor to regional units such as Polres and Polsek in supporting law enforcement by the Police through investigation and investigation activities against Conventional crimes stand out. With the existing limitations, Kompolnas needs to increase its role in monitoring law enforcement by the Police through means of communication in the form of an online computer and have regional maps related to the characteristics of regional vulnerabilities in the field of security and social security and maps of budgetary requirements and other resources. In addition, Kompolnas also plays an important role in encouraging the leaders of the National Police to properly organize and dynamic the data collection system for prominent conventional criminals that already exists in the Investigation Unit, starting from the Directorate of Criminal Investigation of the Regional Police to the Criminal Investigation Unit of the Polsek/ta by using computers/information technology.

Pemenuhan Hak Restitusi: Upaya Pemulihan Korban Tindak Pidana Trias Saputra; Yudha Adi Nugraha
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.v16i1.1190

This study discusses the mechanism, regulation and implementation in the Protection of Witnesses and Victims, especially the problem of crime victims. The forms of protection for victims of crime have been regulated by Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning Protection of Witnesses and Victims. As an example of a form of protection for victims of crime through efforts to fulfill restitution imposed on perpetrators of crime. The method used in this research is juridical-normative using secondary data or library research with the statute approach through evaluation techniques and argumentation techniques. In this study it was also found that in Law Number 31 of 2014 there was an expansion of the form of protection for victims as a result of a crime, namely through the right of restitution. Arguments that strengthen that there is a need for restitution are also found in the minutes and academic texts in the formation of the legislation.

The Problems of Cancellation of Aircraft Tickets During the Covid-19 Pandemic from The Point of View of Consumer Protection in Indonesia and in the European Union Sri Wahyuni; Esther Masri; Sufiarina
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.v16i1.1191

The emergence of the Covid-19 pandemic had a wide impact on various economic sectors, one of the largest sectors being the aviation and tourism sectors. The government has taken a policy of limiting air transportation activities that have an impact on canceled flights. The case that arises is that the canceled tickets are replaced with vouchers, this raises the question of what form of consumer protection is for airline passengers whose tickets are canceled. The method of this research is normative using the approach of laws and regulations from the point of view of the rules in Indonesia and the European Union. From the research conducted by the author, it was found that the consumer protection of airplane passengers has been reduced due to the Covid-19 pandemic.

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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