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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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Penggunaan Cyber Notary Pada Akta Autentik dan Kekuatan Pembuktiannya Dalam Perspektif Undang-Undang Jabatan Notaris Friko Rumadanu; Esther Masri; Otih Handayani
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.v16i1.1192

Abstract

Notaries are currently allowed to certify electronic documents. This authority is contained in Article 15 paragraph (3) of Law Number 2 of 2014 concerning the position of a notary. A part from ratifying the deed, a notary can also save files in the form of file. But not a few notaries are still reluctant to use technology to make and ratify a deed due to conflicts between articles both in the notary office law itself and with articles in other laws. This study aims to determine whether the deed that uses information technology has the strength of proof like an authentic deed and whether the electronic certification carried out by a notary is in line with the duties and positions of the notary. The research method used is the type of normative legal research conducted by reviewing library materials on secondary data using a legal approach and a conceptual approach. This study focuses on the deed of the extraordinary general meeting of Shareholders of PT. Lippo Karawaci Tbk which was conducted via video conference on October13 2021. There was disagreement from several shareholders over the certification which was carried out electronically because it was considered to be able to make the deed a private deed. In addition to the conflict between the articles, this is also due to the absence of implementing regulations regarding the making of deeds through information technology by a notary so that there is a need for a review of the relevant Laws and the making of special implementing regulations for cyber notaries.
Perlindungan Hukum Bunga Edelweis di Kawasan Taman Nasional Gunung Gede Pangrango Berdasarkan Undang-Undang Nomor 5 Tahun 1990 Tentang Konservasi Sumber Daya Alam Hayati Dan Ekosistemnya Erwin Owan Hermansyah Soetoto; Monica Graicila
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.v16i1.1193

Abstract

This article describes and examines the problem how are the efforts to protect Edelweiss Flowers in the Gunung Gede Pangrango National Park area based on Law Number 5 of 1990 concerning Conservation of Biological Natural Resources and Their Ecosystems. With the background of widespread destruction of ecosystems by human ignorant hands, the author sees from the side of biological life (plants) within the scope of conservation areas, which is stated in UUKH Number 1990. It is necessary to give an understanding, especially on the survival of Edelweiss Flowers which are included in conservation areas, as well as protection in particular written in the Regulation of the Minister of Environment and Forestry Number P.106/MENLHK/SETJEN/KUM.1/12/2018 concerning Protected Types of Plants and Animals. Because the myth of the eternal flower that is very much loved by mountain climbers to cause the act of picking and destroying the Edelweiss flower plant, and has a selling value in the eyes of the people around the area, therefore the existence of this Edelweiss flower needs to be reconsidered, it is necessary to enforce a protection against the flower. Edelweiss.
Analisis Implementasi Nilai-Nilai Budaya Hukum dalam Kehidupan Berbangsa dan Bernegara: Studi Kritis Pendekatan Masyarakat, Budaya dan Hukum Syafri Hariansah
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.v16i1.1194

Abstract

This reseaech adressing to theoretically examine the correlation between society, culture and law in the dimensions of theory and practice. Law as a manifestation of cultural products is actually a guide for the community in living social life. Therefore, the statement of law as a cultural product is certainly in line with Rescoe Pound's view of the main purpose of law is tool of social engineering. In addition Friedman's legal system theory is one of the analytical tools in answering the concrete legal phenomena that happening in society. In general, this study uses a socio-legal approach, namely by trying to understand law as a form of social phenomenon. The socio-legal approach in this method is used as an effort to carry out a deepening of all aspects of legal formation to the implementation of the law itself in society. The outcome of this research demonstrate that cultural and legal society are 3 aspects inseparable from each other. Social interaction in society producess to culture, while law is the work of a cultured society. In everyday life, people's attitudes and behavior can influence or shape the perception of the law itself.
Perlindungan Hukum Bagi Korban Penipuan Jual Beli Online Anggreany Haryani Putri; Endang Hadrian
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.v16i1.1198

Abstract

The development of an increasingly modern era, along with the growth of buying and selling transactions where this transaction activity develops following technological advances. Buying and selling transactions that were initially done with conventional methods developed in an online direction. The rapid development of buying and selling transactions must also be balanced by the rule of law to protect online buying and selling transactions, so, law No. 19 of 2016 on changes to Law No. 11 of 2008 on Information and Electronic Transactions. But even though the rules governing criminal acts still occur often, one of them is fraud in buying and selling online. This criminal act of online buying and selling fraud in its settlement refers to the provisions of Article 378 of the Criminal Code on Fraud because in article 28 paragraph 1 of the ITE Law does not regulate strictly regarding online fraud acts. The form of legal protection against victims of online fraud has not been expressly regulated in existing legislation, such as granting victims' rights in the form of compensation.
Polisi Wanita (Polwan): Reformasi Kesetaraan Gender Dalam Tubuh Polri Edi Saputra Hasibuan
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.v16i1.1200

Abstract

As a state institution that has the authority to enforce law, the National Police must of course have a very dynamic nature, the presence of a member of the Police must be able to have a great effect on the community. Of course this is viewed from various aspects, both the Police as protectors, protectors, and servants of the community. This paper highlights the presence of female police officers (Polwan) which in fact is an important part of the progress of this institution itself. The fact that the Polri profession is a profession that requires strong mentality, determination, and dedication is not only found in men, but women are also able to become important figures who have a major influence on the development of the Polri itself. On this occasion the author tries to explore a little about gender equality, especially the existence of policewomen in the police, that to become public servants not only men, but women also have their role and existence in society. The issue of gender equality itself has always been a hot topic that is interesting to talk about, this cannot be separated from the dichotomy between men and women.
Analisis Kritis Penerapan Pidana Kebiri Kimia Dalam Sistem Pemidanaan di Indonesia Lukman Hakim; Endang Hadrian; Anggreany Haryani Putri
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.v16i1.1201

Abstract

The issuance of Law Number 17 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection which among others regulates new provisions, namely the heavier punishment for offenders of sexual crimes against children, namely the death penalty, life imprisonment, and a maximum sentence of death penalty. 20 years in prison and additional penalties in the form of announcing the identity of the perpetrator and punishment for actions in the form of chemical castration and the installation of electronic detectors, it turns out that there are many problems, especially those related to chemical castration. The problem of chemical castration in the world of medicine and psychology and the problem of chemical castration in the perspective of criminal law are one of them. Therefore the study uses normative research method and carried out by using the statutory approach through a review of laws and regulations as well as regulations relating to the issue discussed. Legal materials are obtained from Undang-Undang Nomor Undang-Undang Nomor 17 Tahun 2016 concerning Child Protection and the Criminal Procedure Code (KUHAP), and in addition, the secondary legal materials are obtained from books, journals and other literature. Meanwhile, the data collection technique used is a library research by examining legal materials relevant to the research discussion.
Cyberstalking: Kejahatan Terhadap Perlindungan Data Pribadi Sebagai Pemicu Tindak Pidana Amelia Putri Anisah; Eko Nurisman
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.v16i1.1203

Abstract

The rapid development is marked by changes in telecommunications technology and computer technology. Technological sophistication gives rise to various kinds of crimes aimed at the virtual world community, one form of crime that occurs is cyberstalking. From this phenomenon, it is necessary to describe several arrangements that serve as the basis for tackling the rapid rate of cyberstalking. This research employs a normative judicial approach based on legal data gleaned from research sources. The primary and secondary legal information used in this research are both primary and secondary. The law number contains the majority of the legal information. 1. Amendments to the Information and Electronic Transactions Law No. 11 of 2008 (UU ITE) No. 19 of 2016 on Information and Electronic Transactions (UU ITE). Obtain secondary legal materials through library research, such as books, legal publications, the Internet, and expert opinion. The results of this study show that due to the rapid development of technology, many crimes stem from technological sophistication, including those related to cyberstalking, so it requires a special regulation that regulates cyberstalking, while there is no special regulation in tackling cyberstalking crimes. Regulations related to cyberstalking are still adopting the provisions of the ITE Law No. 19 of 2016 amendments to the ITE Law No. 11 of 2008.
Telaah Yuridis Aplikasi Zoom Dalam Mengumpulkan Data Pribadi Ditinjau Dari Peraturan Pemerintah No. 71 Tahun 2019 Tentang Penyelenggaraan Sistem Dan Transaksi Elektronik Hendrawan Agusta
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.v16i1.1204

Abstract

Currently the world hit by the Covid-19 outbreak which makes physical meetings (offline) very limited. This challenge creates opportunities, one of which is for Zoom Cloud Meetings (Zoom) as one of the most widely used applications in Indonesia for online meetings. Zoom is the result of the development of information technology that creates a new style of communication, resulting in the Zoomdemic phenomenon. This application is a game changer in the midst of implementing Work From Home (WFH) in Indonesia. The use of Zoom requires a registration process which requires the collection of Personal Data from Users. Zoom is an Electronic System Operator that provides, manages and operates communication services including voice calls, video calls in the form of digital platforms. The author discusses the process of collecting and sharing Personal Data carried out by Zoom using legal rules regarding the implementation of electronic systems and transactions that apply in Indonesia.
Hak Karya Cipta Non-Fungible Token (NFT) Dalam Sudut Pandang Hukum Hak Kekayaan Intelektual Dewi Sulistianingsih; Apriliana Khomsa Kinanti
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.v16i1.1205

Abstract

The purpose of this study is to describe and analyze Non Fungitable Token (NFT) copyrighted works within the framework of Intellectual Property Rights. Technological developments in the trade sector make it easier for artists to publish works to be used as works that have a high selling value. Non-Fungible Token (NFT) is one of the media to use and really helps artists to grow. Although this NFT has existed since 2014, there are still many people who do not understand how the NFT system works. This situation can create confusion regarding who is the owner of the copyright and property rights when the work has been transferred or traded many times. This article focuses on non-fungible token copyrighted works from the point of view of intellectual property rights law. The problems in this article are: namely: barriers to legal protection for non-fungible token copyrighted works within the legal framework of intellectual property rights. This study uses a normative legal research method with a literature study which uses a description technique. The collected data will be processed and analyzed. The result of this discussion is that copyright is only given to the creator of the work, while ownership rights can be granted to any party who buys the work. Then the existence of NFT, which still lacks regulation, requires legal protection for its work and here the legal umbrella is intellectual property rights. Every work on NFT will be registered and registered with IPR so that every work is protected by law.
Analisis Kewenangan Diskresi Pejabat Daerah Perihal Pengalihan Anggaran Octo Iskandar; Dzaky Perdana Dharmawan
KRTHA BHAYANGKARA Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v16i2.1208

Abstract

The government in carrying out its duties and functions must be based on existing legislation, but in accordance with the development and demands of the situation, not all laws and regulations are ready, because the creation of legislation requires a long time, on the other hand the government must do but the legislation does not exist, thus a legal vacuum will arise. In order to avoid the existence of a legal or regulatory vacuum, the State Administration Officer as the organizer of the government is given the authority to make a rule, or what is called Discretion or Freies Ermessen. Although State Administration Officers are given the authority to make a rule because of their needs, they must meet the following requirements: 1. There is freedom or freedom of the State Administration to act on its own initiative; 2. To resolve pressing issues that have no rules for that; 3. Must be accountable. Then corruption is Corruption comes from the corrupt word in English which means damaged, incomplete, error, cannot be used. Corruption has many meanings in its use as a word or sentence, and is not limited to criminal acts, but also means a thing, data, people, and human soul, which is in the understanding of the literature in Indonesian, English, and in computer languages, interpreted as something damaged and difficult to repair. Corruption in terms of human psychology, is interpreted as a person's soul that has been damaged or influenced by something so that the human soul or someone tends to do actions that are contrary to the philosophy of

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