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<![CDATA[A Comparative Study Of Principle Of Guilt In The Provision Of Indonesian And English Criminal Law ]]>
<![CDATA[Rr. Dijan Widijowati]]>
<![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.v18i3.3302
<![CDATA[The principle of guilt is universally recognized by worldwide nations as the absolute basis of a sentenced person. Principle of No Crime without Guilt or Principle of Guilt contains an understanding that any person committing an action, which contradicts with applicable criminal law, can be sentenced due to the absence of guilt in his/her actions. The principle of no crime without guilt is closely related to principle of legality, stating that there is no crime without previous arrangement. It means that the element of guilt can be attached if there are available regulations stipulating that the committed act is criminal act. This research aims to compare the principles of guilt in Indonesian and English Criminal Law. The method employed in this research was a normative-legal method based on secondary data as research material so that it focused on theoretically speculative measures and normative and qualitative analysis, which were the focus of the discussion on how principle of guilt in the criminal liability in Indonesia compared to with principle of guilt in the UK. The results of the study show that there were differences in the application of the principle of guilt in Indonesian and English criminal law.]]>
<![CDATA[The Role of Curators in Bankruptcy Legal Issues Between Debtors and Creditors in Postponement of Debt Payment Obligations (PKPU) ]]>
<![CDATA[Noviriska]]>;
<![CDATA[Dwi Atmoko]]>
<![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.v18i3.3477
<![CDATA[In accordance with article 37 of 2004 concerning bankruptcy and suspension of debt payment obligations (PKPU) Bankruptcy article 1 which explains that a creditor is a person who has receivables due to an agreement or law that can be collected in court. A debtor is a person who has debts due to an agreement or law whose payment can be collected in court. A bankrupt debtor is a debtor who has been declared bankrupt by a court decision. The Curator is the Estate Office or an individual appointed by the Court to manage and settle the assets of the Bankrupt Debtor under the supervision of the Supervisory Judge in accordance with this Law. Debt is an obligation that is stated or can be stated in an amount of money either in Indonesian currency or foreign currency, either directly or which will arise in the future or contingently, which arises due to an agreement or law and which must be fulfilled by the Debtor and if not fulfilled gives the Creditor the right to obtain fulfillment from the Debtor's assets. In the event of bankruptcy, the curator has full authority after the bankruptcy decision is issued by the Judge. The curator's responsibilities are divided into 2 (two), namely the responsibility as a curator in his capacity as a curator, and the responsibility of the curator in his capacity not as a curator. The role of the curator in postponing debt payment obligations is to manage and distribute the debtor's assets to creditors in accordance with the regulations and priorities stipulated in the Bankruptcy Law. The curator also ensures that payments are made fairly and in accordance with the law. The duties and roles of the curator in the bankruptcy process are 1) Managing the debtor's assets after the debtor no longer has the authority to manage the assets. 2) Managing and settling the bankruptcy estate from the date the bankruptcy decision was pronounced. 3) Revealing bank secrets to obtain complete information regarding the debtor's assets. 4) Carrying out execution of all debtor assets that are outside the jurisdiction of Indonesia In carrying out his duties, the curator will be supervised by a supervising judge. The supervising judge is tasked with supervising the authority and implementation of the curator's duties so that he always carries out his authority and duties within the specified limits.]]>
<![CDATA[The Legal Dynamics of Pacta Sunt Servanda in Community Agreements ]]>
<![CDATA[Wijaya Natalia Panjaitan]]>;
<![CDATA[Agustina Balik]]>;
<![CDATA[Nabila, Syadzwina Hindun]]>
<![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.v18i3.2995
<![CDATA[Pacta Sunt Seravanda is one of the principles applied in agreements made by the community. However, the fact is that many people do not know about this principle when making transactions in agreements. This study aims to examine the implementation of the Pacta Sunt Servanda Principle in the Agreement of the Sawai Village Community, North Seram District, Central Maluku Regency. The research method used is sociological legal research, which is a combination research method between doctrinal legal research methods and empirical legal research methods. The implementation of the principle of pacta sunt servanda in Sawai Village, North Seram District, Central Maluku Regency, both in land rights agreements and other agreements in the community must always be socialized as a form of binding agreements that are often made by the community in order to minimize disputes because one party feels disadvantaged and wants to renege on the agreement.]]>
<![CDATA[In Television Broadcast Content, Violations Of Privacy Rights Are Reviewed Based On Law Number 32 Of 2002 Concerning Broadcasting And Law Number 27 Of 2022 Concerning Personal Data Protection ]]>
<![CDATA[Israwan, Annisa Rami Rivani]]>;
<![CDATA[Danrivanto Budhijanto]]>;
<![CDATA[Prita Amalia]]>
<![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.v18i3.3288
<![CDATA[This research aims to analyze the legal protection of personal data subject rights in television broadcast content against violations of privacy right based on Law Number 32 of 2002 concerning Broadcasting (Broadcasting Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The approach method used in this research is normative juridical. The data used is primary and secondary data. The collected data is then analyzed using a qualitative juridical method. The result of this research shows that broadcast programs that exploit private life by broadcasting personal information of objects in their content without first providing clear information about the purpose and use of the personal data can be defined as an indicator of privacy violation in television broadcast content when linked to the rights of personal data subjects based on the PDP Law. In addition, legal protection of personal data subject rights in television broadcast content against violation of privacy right is designed to provide legal certainty to personal data subject in television broadcast content. Victims of privacy violation in television broadcast content who are data subject now have their right strengthened, including the right to sue and receive compensation.]]>
<![CDATA[Legal Protection for Street Children in Connection With State Responsibility from the Pancasila Perspective ]]>
<![CDATA[Sahat Maruli Tua Situmeang]]>;
<![CDATA[Musa Darwin Pane]]>;
<![CDATA[Subagyo Sri Utomo]]>;
<![CDATA[Diah Pudjiastuti]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v19i1.3151
<![CDATA[This study aims to determine the legal protection of street children associated with state responsibility and to find out what efforts should be made by the government in dealing with the phenomenon of street children in order to realize social welfare in the perspective of Pancasila. The approach method in this research is a normative juridical approach. The specification of the research used descriptive analytical method. The results of this study conclude that the laws and regulations currently used to eradicate and overcome the rampant street children are not sufficient, namely the occurrence of a legal vacuum, especially in parenting patterns in their biological families, where the failure of parenting is manifested by violence experienced by children, both violence and violence. physically and psychologically as well as prevention of child marriage which results in victims. The efforts made by the government in alleviating and tackling street children are the establishment of a child social welfare program (PKSA), a child social welfare institution (LKSA), a child protection task force (Satgas PA), where these efforts are felt to be not optimal. Based on this, the authors are of the view that in order to realize social welfare in the perspective of Pancasila is through institutional strengthening of the Social Service and Child Protection Commission, as well as institutional strengthening both through government administration and non-government administration, such as strengthening the functions of the Rukun Tetangga and Rukun Warga as well as coaching the community in an effort to prevention of the phenomenon of street children as well as strengthening regulations, namely reformulation and reconstruction of policies reformulation of laws and regulations relating to child protection.]]>
<![CDATA[Effectiveness of Land Mafia Task Force in Prevention and Eradication of Land Mafia in Indonesia ]]>
<![CDATA[Sulastri, Lusia]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v19i1.3404
<![CDATA[Various problems and issues of land conflict in Indonesia are caused by many parties who often commit land misappropriation or the popular term land mafia. To answer this problem, the S task force Mafia Land, but in reality land conflicts due to land mafia continue to occur. Therefore, this study examines the effectiveness of the Land Mafia Task Force in preventing and eradicating land mafia in Indonesia and the factors that hinder the performance of the Land Mafia Task Force in preventing and eradicating land mafia in Indonesia. The results of the study indicate that the Land Mafia Task Force in preventing and eradicating land mafia in Indonesia has not been fully effective. Factors that hinder the performance of the land mafia task force in preventing and eradicating land mafia in Indonesia include the absence of legal regulations that cover the eradication of land mafia perpetrators, the unsynchronized task force established in each institution, the absence of a special budget provided for eradicating land mafia, the community is still unfamiliar with agrarian law and a culture of legal awareness regarding land that has not been built.]]>
<![CDATA[Teenagers, Social Media, and the Law: Strategies for Dealing with Delinquency in the Digital World ]]>
<![CDATA[Isnawan, Fuadi]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v19i1.3574
<![CDATA[The development of technology with the times cannot be separated from one another. In addition, there is now Generation Z who is familiar with technological developments in society. The convenience of this technology encourages Generation Z teenagers to use it more in their daily lives. However, many violations of existing legal norms are committed by teenagers. Making them aware of the law is a must so that they, as the next generation, have the skills and integrity in the future. This research is focused on examining forms of violation of legal norms by adolescents on social media and the importance of legal counseling for them using social media. The results of this study are forms of violation of adolescent legal norms on social media, namely bullying, hate speech and spreading fake news. This needs to be done legal counseling so that they are aware and obey the law. Of course, this is by using social media that they are familiar with, because they use it more intensively so that it will be more effective in achieving the goals of this legal counseling]]>
<![CDATA[Effectiveness of Law Enforcement on Online Gambling Promotion Among Influencers ]]>
<![CDATA[Seftiani]]>;
<![CDATA[Hasuri]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v19i1.3603
<![CDATA[The sophistication of information technology makes online gambling increasingly developing. This also gives rise to the rampant promotion and advertising of online gambling, The important role of influencers is often associated with the increase in online gambling among the public. This study aims to evaluate the effectiveness of law enforcement against the promotion of online gambling by influencers in Indonesia, focusing on existing regulations, challenges in their implementation, and their impact on society. The research method used in this writing is that this research is designed with a normative juridical method. This research was carried out by researching library materials (secondary data) or library legal research. The results of the study show that despite the law enforcement efforts carried out, their effectiveness is still limited and requires a more comprehensive approach, including inter-agency cooperation and public education about the risks of online gambling. The recommendations include the need for clearer and more specific regulatory revisions and strengthening the capacity of law enforcement agencies to face challenges in this digital era. This research is expected to contribute to the development of more effective legal policies in tackling the promotion of online gambling by influencers in Indonesia.]]>
<![CDATA[Analysis of the Role of Regional Autonomy on the Existence of Customary Land under Agrarian Law in Indonesia ]]>
<![CDATA[Lubis, Mhd Azmi Farid Lubis]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v19i1.3613
<![CDATA[Regional autonomy grants local governments greater authority in managing natural resources, including land. This raises the question of the role of regional autonomy in preserving the existence of customary land, which often faces challenges in terms of protection and recognition of its rights amidst rapid development and national land policies. The main objective of this analysis is to examine the role of regional autonomy in the existence of customary land and the legal implications of recognition by local governments regarding customary land existence through regional regulations. The approach used in this research is a normative juridical approach, with secondary materials as the primary source. Regional autonomy plays a crucial role in maintaining the existence of customary land through recognition, inventory, and identification of customary land rights, as well as protecting, receiving aspirations, and processing complaints or legal actions related to violations of these rights. Recognition by local governments of the existence of customary land through regional regulations can strengthen the position of customary law, prevent conflicts, increase awareness and participation of indigenous communities, and provide legal protection for their rights to customary land.]]>
<![CDATA[Legalization of Deed of Establishment of Limited Liability Company Fintech Without Permit from Financial Services Authority (OJK) ]]>
<![CDATA[Dwiyanto, Sultan Alvaro]]>;
<![CDATA[Alfi Taufiq Asyidqi]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v19i1.3614
<![CDATA[Fintech companies engaging in crowdfunding services based on information technology (LPBBTI) are required to establish a deed of incorporation as a limited liability company (PT) through a notary and obtain a license from the Financial Services Authority (OJK). However, there is a phenomenon where fintech companies that are already established as PTs operate without a license from OJK. The primary issue to be analyzed is the legal consequences on the validity and existence of the incorporation deed that has been created by the notary and whether it can be revoked or erased due to the company being classified as ilegal. The research approach used in this study is a normative juridical approach, focusing on the use of secondary data as references, with qualitative data as the type of data employed. The establishment of a PT is a requirement from OJK that must be fulfilled by fintech companies. For fintech companies that engage in LPBBTI activities without a business license, criminal sanctions can be imposed. Additionally, the notary is not obligated to ensure that the fintech company has obtained a business license from OJK. The deed of incorporation of the PT remains legally valid, even if the fintech company does not have a business license from OJK, because the incorporation deed serves as evidence that the PT is registered as a legal entity, and it does not result in the annulment or removal of the deed of incorporation.]]>
