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Adi Nur Rohman
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INDONESIA
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 237 Documents
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Agreement Between Communities: Tradition and Practice in Sawai Village, North Seram Sub-District, Central Maluku Nabila, Syadzwina Hindun; Agustina Balik; Wijaya Natalia Panjaitan
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3627

Abstract

This research aims to examine and analyze the Solutions in Conflict Resolution over Agreements made by the Community of Sawai Village, North Seram District, Central Maluku Regency. Agreements are part of the relationships between citizens in their daily lives. The agreements used by the community of Sawai Village, Central Maluku Regency, often rely on verbal agreements and frequently depend on trust and individual reputation within the community, where verbal agreements are considered complete upon the delivery and acceptance of an item. The agreements made are often unwritten and based on social norms and traditions. Sawai Village, as the oldest village in Maluku, is surrounded by natural beauty rich in marine resources and forests, and has a strong social structure, where social norms and customs function as regulators of behavior and interactions among individuals. The use of verbal agreements also has the potential to harm both parties. One of them is the lack of verifiable evidence in case of a dispute. This ambiguity can lead to conflicts between parties, where each individual may have a different interpretation of the contents of the agreement. Without written documentation, the dispute resolution process becomes difficult and often relies on witness testimony, which can vary. The research method used is sociological legal research, which is a combination of doctrinal legal research methods and empirical legal research methods. The results of this research indicate that the spoken agreements made by the community in Sawai Village are a phenomenon that reflects strong social and cultural values, and serve as a practical transaction tool in daily life. Although its validity is recognized by law, the main challenge lies in proving and enforcing it when disputes arise.
Legal Analysis of the Protection and Legal Certainty of Electronic Land Certificates as an Instrument of Land Reform in Indonesia Muhammad Iqbal, Fariz
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3628

Abstract

Electronic land certificates serve as a solution for the reform of the land system in the digital era. However, challenges related to legal protection and certainty remain the main issues, particularly in how the electronic land certificate system can be integrated with the legal system and how the rights of the public can be safeguarded. The primary objective of this research is to examine the aspects of legal protection and certainty of electronic land certificates and the impact of their implementation on the efficiency of the land system in Indonesia. The research adopts a normative juridical approach, utilizing secondary data sources. The legal protection and certainty of electronic land certificates in Indonesia are ensured through a system that uses cryptographic technology and electronic signatures, which guarantee authentication, integrity, and data security, providing legal certainty equivalent to physical land certificates for rightful landholders. The implementation of electronic land certificates in Indonesia has a significant positive impact on the efficiency of the land system, facilitating and accelerating the processes of registration, verification, and the issuance of certificates digitally.
Optimizing Law Enforcement Against Enforcement Of Online Gambling Promotion Cases by Influencer (Case Study of Gunawan Also Known As Sadbor) Ramadhan, Raflisyah; Aji Lukman Ibrahim
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3653

Abstract

This research investigates the application of the principle of equality before the law in Indonesia, focusing on the case of influencer Gunawan Also Known As Sadbor, who was involved in promotion of online gambling. The rise of online gambling, exacerbated by influencer promotion, poses significant social and legal challenges. This study utilizes a normative juridical methodology, examining primary and secondary legal resources, including laws, court decisions, and scholary articles, to assess the consistency and fairness of law enforcement in online gambling promotion cases. The research highlights inconsistencies in the handling of Sadbor’s case compared to other similiar cases, particularly regarding his detention and subsequent appointment as an anti-online gambling ambassador. This discrepancy indicates a potential failure to uphold the principle of equality before the law. The research findings emphasize the need for law enforcement to ensure impartial application of the law, increase public trust, and effectively prevent the promotion of online gambling. This study enhances understanding of the challenges in enforcing laws related to online gambling and the improtance of adhering to the principle of equality before the law for a fair and equal legal system.
Employment Termination Dispute Between Airline and Flight Attendant: A Legal Analysis of Industrial Relations in The Aviation Sector Kintan R. Virdauzy; Indra L. Nainggolan; Sugeng
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3654

Abstract

Termination of employment (PHK) represents one of the most complex and frequent forms of industrial disputes, particularly in the aviation industry, a sector that demands strict adherence to professionalism standards, including physical appearance and presentation. This study aims to analyze the employment termination dispute between PT Garuda Indonesia and Bhonita Sary (former flight attendant) based on Decision Number 134/Pdt.Sus-PHI/2018/PN Srg. This research employs a normative juridical method with a statutory approach and court decision analysis, focusing on the interpretation of employment contracts and the application of labor regulations.  The findings reveal that the basis for the termination was the flight attendant's non-compliance with weight requirements, which was considered a breach of the employment agreement, particularly concerning service standards and corporate image. Although the company had provided the employee with an opportunity to adjust her weight according to the stipulated standards, differing interpretations of the contract clauses became the primary factor leading to the dispute.  In its considerations, the panel of judges declared the termination legally valid, referring to the dispute resolution procedures that had been conducted in accordance with Law Number 2 of 2004 on the Settlement of Industrial Relations Disputes. This decision underscores the importance of legal certainty and compliance with employment contracts but also opens a critical discourse on balancing the company's right to regulate work standards with the worker’s right to fair labor protection.
Legal Protection for Land Rights Holders Included in the Toll Road Development Project Plan Accompanied with Compensation Adhie Charisma, Restu; Anriz Nazaruddin Halim; Taqiyuddin Kadir
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3659

Abstract

One of the issues that currently arises is related to the fulfillment of community needs in the concept of social functions, namely land acquisition for development in the public interest.  On the other hand, land rights holders whose land will be used for development in the public interest should not be disadvantaged and ruled out at all. To support this, the government provides a legal basis so that the release of land rights used for the public interest must also pay attention to the aspect of balanced compensation. The formulation of the problem in this study, How is the settlement of disputes over the construction of toll roads on the value of compensation to land rights holders and How is the Legal Protection of land rights holders related to compensation disputes in toll road construction projects, the theory used in this study is the Theory of Legal Protection, according to Philipus M. Hadjon and the theory of dispute resolution according to Yahya Harahap. The method used in the research, namely, normative juridical research, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The approach in this research is, namely, the approach of legislation, conceptual approach and case approach and the technique of collecting legal materials is done by means of document studies or library materials, observation or observation and interviews or interviews. For legal material analysis techniques carried out by Grammatical, Systematic, and Legal Construction Interpretation. Research results show that the settlement of toll road construction disputes over the value of compensation to land rights holders can only be done through judicial institutions that have an independent nature. Settlement of land acquisition disputes for the public interest must have special material and formal law. Settlement of land acquisition disputes for the public interest cannot be carried out unilaterally only by the government which has equality with land rights holders and legal protection of land rights holders related to compensation disputes in toll road construction projects must be in accordance with applicable law. Land rights are considered as constitutionally protected private property rights. Land is considered as an object that has a closed nature based on laws and regulations.
Synergy of Investment Law Transformation in the Implementation of PPP for Solar Power Plant Financing in Ibu Kota Nusantara Gunawan, Muhammad Gilang; Dirkareshza, Rianda
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3687

Abstract

The development of Ibu Kota Nusantara (IKN) embraces a sustainable city concept, targeting 100% renewable energy utilization and achieving Net Zero Emission by 2045. Based on Presidential Regulation No. 63 of 2022, IKN's primary energy source comes from Solar Power Plants (PLTS). However, financing this project faces major challenges due to limited capital access and high loan interest rates. The government has established the Public-Private Partnership (PPP) scheme as the main financing mechanism, covering 54% of IKN’s total budget. Nevertheless, the PPP scheme remains highly dependent on high-risk bank loans. Therefore, this study analyzes the optimization of PPP in the PLTS project at IKN by exploring the blended finance scheme, particularly integrating PPP with green bonds. Additionally, it examines the legal aspects of investment in PLTS infrastructure development at IKN and the role of regulations in supporting sustainable financing implementation. This study is expected to provide academic and practical contributions by formulating regulatory recommendations to optimally support energy infrastructure development at IKN. The research employs a normative legal method with a legislative approach, a conceptual approach, and a comparative approach. The findings indicate that issuing green bonds by the IKN Authority can serve as a strategic legal foundation for sustainable PLTS infrastructure financing and attract investors.
Consumers Protection Who Buy Products Through Instagram: A Comparative Study of Indonesia and Singapore Chairunnisa Yumna Risti; Ridha Wahyuni
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3692

Abstract

The purpose of this study is to analyze and compare the protection of consumers who purchase products through the Instagram media platform in Singapore and Indonesia. The laws governing consumer protection and electronic transactions in both countries are examined in this study, which uses a normative legislative and comparative juridical approach.  The study shows that Indonesia has two laws: Consumer Protection Act (UUPK) and Electronic Information and Transaction Act (UU ITE), but their implementation has not been optimal in protecting consumers from fraud, default, and other legal issues. Meanwhile, Singapore has a Consumer Protection (Fair Trading) Act 2003 (CPFTA) and a CaseTrust program that are more effective in providing protection and increasing consumer confidence. This research observes that Indonesia needs to learn from Singapore's practices, such as the awarding of the Trustmark logo, to enhance consumer protection that is more effective and adaptive to technological developments and phenomena in society. This research is expected to provide dedication related to the development of better consumer protection against technological developments and phenomena in society
Protection of Consumers Using Beauty Products Promoted by Marketing Influencers: A Comparative Study of the United States – Indonesia Eliska Vioni; Ridha Wahyuni
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3693

Abstract

This study aims to determine the legal regulations and responsibilities of Influencers towards consumers in carrying out marketing or promotional practices on social media related to dangerous beauty products and containing misleading claims, and how they compare with the legal regulations in the United States, as well as the legal efforts that can be taken by consumers who suffer losses due to these marketing practices. The method used in this study is normative juridical with a statutory approach (Statute Approach) and a comparative approach (comparative approach). The results of the study show that there are no legal regulations that specifically regulate Influencer marketing practices in Indonesia, based on the UUPK, legal responsibility for consumer losses is only borne by business actors because the position of Influencers cannot be categorized as advertising business actors. In the United States, business actors and influencers are burdened with their responsibilities because their positions have been regulated by the Federal Trade Commission (FTC). However, influencers in Indonesia can still be sued for disseminating misleading information, as per Article 28 (1) of the ITE Law and Article 1365 of the Civil Code, for the claims they make.
Responsibilities of Witness and Victim Protection Institutions in Legal Protectionof Whistle Blower and Justice Collaborator Pratama, Putri; Hasuri
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3722

Abstract

The role of the Witness and Victim Protection Agency (LPSK) in ensuring the safety of whistleblowers and justice collaborators is very important in the criminal justice system in Indonesia. Whistleblowers and justice collaborators often face serious threats, both to their physical and psychological safety, so effective protection is an important prerequisite for encouraging their participation in uncovering crimes, especially major crimes such as corruption and terrorism. This study uses a qualitative method with an empirical juridical approach, the primary data source comes from the Witness and Victim Protection Institute (LPSK) while the secondary data comes from books, journals, encyclopedias, dictionaries, and virtual sources. while data management techniques through analytical descriptive, The results of this study show the responsibility of the Witness and Victim Protection Institute (LPSK) towards witnesses and victims and the legal position of whistle blowers and justice collaborators towards the criminal justice system.
Commercial Court Rulings on PKPU and Bankruptcy: the Ratio Decidendi in Balancing Creditor and Debtor Rights Selamat Lumban Gaol; Istianingsih Sastrodiharjo
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3739

Abstract

The bankruptcy of PT Sri Rejeki Isman Tbk (Sritex), one of Indonesia’s largest textile companies, attracted public and legal scrutiny due to its debt burden of approximately IDR 19 trillion. The ruling issued by the Commercial Court in this case reflects the ongoing challenge of balancing the legal interests of creditors and debtors—particularly in determining whether debt restructuring under a Suspension of Debt Payment Obligations (PKPU) is still feasible or whether bankruptcy constitutes the only legal recourse. This article examines the ratio decidendi applied by the Commercial Court in Sritex’s bankruptcy ruling, identifies the legal reasoning patterns used by judges, and evaluates the implications of such rulings for legal certainty and business practice in Indonesia. A normative juridical method is applied, supported by jurisprudential analysis and comparative assessment of similar bankruptcy cases, including Garuda Indonesia and Duniatex.The results show that the court’s decision in the Sritex case prioritizes legal certainty for creditors while leaving unresolved questions about restructuring opportunities for debtors and the continuity of business operations. The findings underscore the urgency of reforming PKPU mechanisms to become more flexible, thereby enabling companies with viable prospects to pursue restructuring prior to bankruptcy declarations.

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