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237 Documents
<![CDATA[Representation And Participation Of Women In Indonesian Political Parties ]]>
<![CDATA[Pramudita, Roni Renaldi]]>;
<![CDATA[Suyaman, Prahasti]]>;
<![CDATA[Mulyanti, Asti Sri]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3053
<![CDATA[The role of women in Indonesia's political parties shows that women can take part in government regulatory decisions. However, women's representation in formal political institutions is still quite limited; the low representation is due to profound structural and cultural barriers. According to the Inter-Parliamentary Union, women's representation in Indonesia has never reached the target of 30% according to the provisions of Law number 2 of 2008 concerning political parties; even in the last five years, data shows that women's representation is only above 20%. This study specifically explores the role of patriarchal culture and the subordination of women in the political decision-making process as the leading causes. This study uses the normative juridical method by analysing data from legal literature sources and reviewing literature through transformative shorts to find the root cause of women's lack of representation in politics. The results of the study show that the lack of representation of women is due to a patriarchal culture created from the collective mindset of the community. The subordination of women in the political constellation is realised due to a lack of understanding from a managerial point of view and explicitly considers it difficult for women to make decisions because it always involves emotions. Thus, systematic efforts are needed through the SEP framework, Self-awareness, Education, Politics, and Promotion, to change public perceptions of the role of women, as well as reforms in political party structures and decision-making processes.]]>
<![CDATA[Systematic Literature Review (SLR): The Tradition of Dowry in Marriage in Southeast Asia ]]>
<![CDATA[Musyaffa Amin Ash Shabah]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3057
<![CDATA[This research aims to explore literature that examines the tradition of wedding dowries in Southeast Asia. The method used in this research is a Systematic Literature Review (SLR). Data sampling used Harzing's Publish or Perish and Watase UAKE applications starting from 2013-2023. The selected articles have passed several specified criteria, resulting in a total of 46 articles. The results of this research show that the country that discusses the topic of marriage dowry significantly in Southeast Asia is Indonesia, with a percentage of 70%, followed by Malaysia at 17%, Thailand at 7%, Vietnam at 4%, and the Philippines at 2%. In terms of research themes around wedding dowries, the topic of wedding dowry traditions is the highest topic category in research in Southeast Asia, with a total of 28 studies and a percentage of 60.87%. Likewise, the contextual approach, with a percentage of 21.74% and Fiqh Theory and Islamic Family Law, with a percentage of 10.87%, are the highest categories of research approaches and analytical theories in research on marriage dowries in Southeast Asia.]]>
<![CDATA[Reciprocal Policy Reformulation of Placement of TNI and Polri in Certain Civilian Positions ]]>
<![CDATA[Eka Deviani]]>;
<![CDATA[Daffa Ladro Kusworo]]>;
<![CDATA[Karmilla Febbiazka]]>;
<![CDATA[Marlia Eka Putri A.T.]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3095
<![CDATA[The State Civil Apparatus (ASN) Law, which was just passed in parliament on October 3, has sparked polemics. This regulation allows the TNI and Polri to fill ASN positions within civil institutions, as outlined in Article 19. ASN positions consist of managerial positions and non-managerial positions. The explanation of the article states that the filling of TNI and Polri positions by ASN and vice versa aims to ensure that ASN, TNI and Polri soldiers have balance and equality in their career development based on the Merit System. This provision in principle contradicts the restriction efforts that have been regulated in the Polri Law and TNI Law. Article 28 Paragraph (3) of the Polri Law explicitly states that Polri members can hold positions outside the police after resigning or retiring from the police service. Article 47 Paragraph (1) of the TNI Law also regulates that soldiers can only hold civilian positions after resigning or retiring from active military service. Thus, the government should reassess and reformulate articles that are counterproductive. In the research conducted by the current author, normative research or doctrinal research and empirical juridical research are used. The main types of data in this research are primary data and secondary data. Data analysis is carried out qualitatively, namely the process of organizing and sorting data into patterns, categories, and one basic description, so that it can be formulated in accordance with the research objectives (substantive theory). This research also conducts comparative theory with other countries' concepts in limiting civilian positions for the TNI and Polri. The urgency of this research is to critically examine the reciprocal policy for the placement of certain civilian positions between TNI soldiers and Polri members with State Civil Apparatus (ASN) employees, which is interpreted as an accelerated expansion of job opportunities, but has implications for the staffing system and civilian militarization in Indonesia in projection.]]>
<![CDATA[Normative Problems of the Criminal Elimination of Children Under 12 Years Against Principle of Equality Before The Law ]]>
<![CDATA[Shira Casta Aurellia, SHIRA CASTA AURELLIA]]>;
<![CDATA[Yuliana Yuli Wahyuningsih, Yuliana Yuli Wahyuningsih]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3181
<![CDATA[This research is intended to examine the existence of criminal sanctions against children under the age of 12 as criminals and how there are regulations that confirm that they cannot be held a criminal responsibility. This gives rise to the view that the Principle of Equality Before the Law is not fulfilled. The transformation of the times has resulted in more and more criminal acts occurring so it does not rule out the possibility that similar things can be done by children under the age of 12. Therefore, it is necessary to carry out legal efforts related to punishment and criminal responsibility for children under the age of 12 who are proven to have done criminal acts (Strafbaarfeit) which are intended as an effort to re-function and learn for children so that justice, equality and legal certainty are met. In studying it, this research uses normative legal research methods and interprets it using prescriptive analysis techniques, namely regarding the study, especially of the Article on the elimination of criminal law as regulated in Article 21 paragraph 1 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the Article on the elimination of responsibility by Child Offenders, which is regulated in Article 40 of Law Number 1 of 2023 concerning the Criminal Code and is linked to the principle of equality before the law.]]>
<![CDATA[Analysis Of The Urgency Of Proving Predicate Crime In Money Laundering Cases(Predicate Crime: Human Trafficking Crime) ]]>
<![CDATA[Ardhelia Putri, Kirana]]>;
<![CDATA[Bambang Waluyo]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3183
<![CDATA[Not all crimes use the same evidentiary system, one of which is Money Laundering which uses a reverse evidentiary system and does not require proof of the predicate crime. Proving the predicate crime of Human Trafficking contradicts Article 69, as well as how the evidentiary mechanism in court creates legal uncertainty. The method used is the normative legal research method, with the technique or method of data collection used being library research. The results of this study are that there must be changes regarding the mechanism of proving TPPU, especially in establishing its predicate crime. In the trial process, of course, there is no need to wait until the proof of the predicate crime is completed and decided. The trial process for TPPU cases can still be carried out but does not set aside the tracing and proving of the predicate crime. Proving the predicate crime can also analyze various other financial flows, which cannot be proven or are missed in the proof of the TPPU case. Without proof, it will lead to misuse of Article 69 of Law Number 8 of 2010. The government should be able to change or revoke Article 69 of Law Number 8 of 2010 because it is often misinterpreted by law enforcement officers and used as a loophole by suspects.]]>
<![CDATA[Commitment of the Regional Government of East Seram Regency to Prepare the Draft of Regional Regulation Concerning CSR ]]>
<![CDATA[Lakburlawal, Mahrita Aprilya]]>;
<![CDATA[Haliwela, Nancy Silvana]]>;
<![CDATA[Pesulima, Theresia Louize]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3188
<![CDATA[This research analyzes the commitment of the East Seram Regency Government preparing the Draft Regional Regulation (Ranperda) on Corporate Social Responsibility (CSR). This study is crucial considering the presence of companies in the region that have obligations to implement corporate social responsibility. Government supervision, through local government, will provide optimal impact for efforts to realize the improvement of community welfare, so it will not trigger disputes between communities and oil and gas mining companies in the region, due to neglected fulfillment of surrounding community rights resulting from oil and gas mining management. The research method used a qualitative approach with data collection techniques through interviews, observation, and documentation study. The results showed that the readiness of the East Seram Regency Government to prepare regional regulations for supervising oil and gas mining management activities in the region is marked by initiating meetings with various companies located in East Seram Regency and establishing the formulation of East Seram Regency Regional Regulation on CSR as a priority agenda to be proposed in the draft regional regulation this December with prioritized enactment in 2025.]]>
<![CDATA[The Application of Judicial Activism in the Constitutional Court Decision Number 90/PUU-XXI/2023 Regarding the Age Requirements for Presidential and Vice Presidential Candidates in Relation to the Theory of Legal Purpose ]]>
<![CDATA[Aldani, Abin Rifa]]>;
<![CDATA[Ali Abdurrahman]]>;
<![CDATA[Lailani Sungkar]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3231
<![CDATA[The Constitutional Court's decision 90/PUU-XXI/2023 has sparked controversy in society, as it is seen as exceeding its authority or encroaching on legislative powers, commonly referred to as open legal policy. The application of judicial activism in this decision has raised many questions, leading to polarization ahead of the 2024 Presidential Election. The aim of this research is to examine the application of judicial activism in the Constitutional Court's decision Number 90/PUU-XXI/2023 in relation to the theory of legal objectives. The methodology used in this study is normative legal methodology, utilizing various legal sources found in literature related to judicial activism in the Constitutional Court's decision 90/PUU-XXI/2023 regarding the age requirements for presidential and vice-presidential candidates, linked to the theory of legal objectives and the doctrine of legal activism, which are discussed and evaluated. The research findings indicate that the application of judicial activism in the Constitutional Court's decision Number 90/PUU-XXI/2023 is an inappropriate step that does not adequately consider the principle of virtue jurisprudence. Furthermore, the application of judicial activism in Decision 90/PUU-XXI/2023 does not fulfill the principles of legal objectives, which prioritize justice, followed by utility and certainty.]]>
<![CDATA[Protection Of Consumer Rights In KPR Agreements With Buy Back Guarantee Clauses (Case Study of Decision Number 9/Pdt.G/2021/PT.BTN) ]]>
<![CDATA[Sonya, Assyfa Putri]]>;
<![CDATA[Suherman]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3238
<![CDATA[Home Ownership Credit (KPR) agreements with buy-back guarantee clauses are increasingly used by developers to provide additional assurance for consumers. However, the implementation of these clauses often leads to ambiguity in consumer rights and legal protection. This research aims to analyze the legal protection of consumer rights in KPR agreements with buy-back guarantee clauses, focusing on the analysis of Decision Number 9/Pdt.G/2021/PT. BTN. Using a normative juridical method with a case study approach, the research highlights the inefficiency of buy-back guarantee clauses in providing effective protection, especially concerning refund rights in cases of developer default. The study emphasizes the importance of strengthening regulations and legal protections in KPR agreements to ensure consumer legal certainty. The findings indicate that consumers frequently lack clarity on their rights, leading to potential exploitation. Furthermore, the study emphasizes the necessity of strengthening regulations and legal protections within KPR agreements to ensure consumer legal certainty. The clauses can be increased transparency and comprehensive information disclosure to empower consumers and uphold their rights effectively. Enhanced a legal safeguards are essential for enabling consumers to confidently navigate KPR agreements, thereby fostering trust in the housing finance sector and ensuring their rights are effectively protected.]]>
<![CDATA[Reorganization Of PT Pertamina (Persero) And Its Impact On Status Holding Company From The Viewpoint Of Beneficial Ownership Of The Business ]]>
<![CDATA[Yudhistira, Ivanovenska Ardya Aqilla]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3239
<![CDATA[Corporate restructuring is a common thing to do in favor of performance efficiency. But what if it is StateOwned Enterprises undergoes a restructuring? Internal restructuring of State-Owned Enterprises is actually not a new thing, an inefficient organizational structure certainly requires an update, but what if the restructuring of a State-Owned Enterprises resulted in the formation of a Holding Company? What are the juridical implications about the status of the Holding Company? The juridical basis for the formation of a State-Owned Enterprises Holding Company used so far is Government Regulation No. 72 of 2016 concerning procedures for state capital participation in State-Owned Enterprises and Limited Liability Company. Because of this background, the researcher will examine the regulation of State-Owned Enterprises Holding Company in Indonesia and its impact on the status of subsidiaries incorporated in PT Pertamina as a State Owned Enterprise in the oil and gas sector.]]>
<![CDATA[The Right to be Forgotten: Regulation of Personal Data Deletion in Indonesia ]]>
<![CDATA[Ardi Prabasari, Ni Kadek Dhea]]>;
<![CDATA[Adi Sudharma, Kadek Januarsa]]>;
<![CDATA[Angelo, Michael]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i3.3291
<![CDATA[The purpose of this paper is to analyze the regulation of personal data deletion in Indonesia as a form of protection for the right to be forgotten, and subsequently, the process of personal data deletion that exists in Indonesia. This paper discusses in detail the right to be forgotten. The research method used in this paper is normative legal research. It employs a conceptual approach and a legislative approach. The exploration of legal materials is conducted through document studies. The analysis in this paper is qualitative. The results of this research explain that the concept of the "right to be forgotten" refers to the individual's ability to request the deletion of their personal data from public databases, particularly information that could harm their reputation, privacy, or even social life. In the context of the European Union, this concept is outlined in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. Article 7 emphasizes the importance of respecting private and family life, which is a fundamental aspect of human rights. Meanwhile, Article 8 asserts the protection of personal data, stating that data must be processed fairly and for specific purposes, based on consent or a legitimate legal basis. The process of personal data deletion in Indonesia currently lacks specific regulations, thus relying on agreements between personal data owners and data controllers, in accordance with the principle of pacta sunt servanda.]]>
