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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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Law Enforcement Against the Criminal Acts of Forgery and or Placing False Information Into Authentic Deeds Gatot Efrianto
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.v19i1.3746

Abstract

The Republic of Indonesia is a state of law (rechtstaats), so anyone who commits a crime must be held accountable for their actions through the legal process. Law enforcement implies that a crime is an act that is prohibited by a rule of law, where the prohibition is accompanied by a threat (sanction) in the form of a certain criminal penalty as its responsibility. The concept of a state of law is one that truly upholds human rights and guarantees citizens with their positions in law and government without exception, while to guarantee obedience and compliance with the law is in the hands of all citizens. Authentic deed in English (authentic deed), in Dutch (authentieke akte van), the philosophical basis that an authentic deed is found in: Legal considerations of Law No. 2 of 2014 concerning amendments to Law No. 30 of 2004 concerning the Position of Notary and regulated in Article 1868 of the Civil Code (Civil Code) which states that "A deed made in the form determined by law by or before a public official authorized for that purpose at the place where the deed was made", meaning that if we examine the definition more deeply, there are elements of an authentic deed, namely: 1) Made in a certain form. 2) Before an official authorized for that purpose. 3) The place where the deed was made.
Legal Protection of Trade Secrets in Culinary Business Agreements for Micro, Small and Medium Enterprises M Rizqi Azmi; Dibah, Nabilah Farah; Yuliana Indah Sari
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.v19i1.3758

Abstract

All companies have confidential information that is not allowedto be seen by the general public or even known by their employees. In this case, the Indonesian government has enacted laws to protect trade secrets, as local products in Indonesia have high economic value. This article examines the legal protection of trade secrets in culinary business agreementsfor Micro, Small, and Medium Enterprises (MSMEs). And analyzethe challenges faced byMSMEsinthe culinary sectorin implementinglegal protectionoftrade secrets through business agreements. Also, analyzing the implementation of Law No. 30 of 2003 on trade secrets in protecting against violations of trade secrets. The method used in this research is the normativejuridical method by conducting a literature review related to thediscussed issues. The research results show that although the law provides legal protection for trade secrets, in reality, thereare still many information leaks that occur after an employeeleaves the company and joins a competitor. Therefore, it is considered important for business actors to receive legal protection to ensure the implementation of the intellectual property rights system as expected.
Legal Protection Of Separated Creditors In Executing Mortgage Rights On Bankrupt Assembled As Seen In The Face Of Dignified Justice Heru Siswanto; Yusriyadi; Muh. Afif Mahfud
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.v19i1.3763

Abstract

Problem in Article 56 related creditors separatist and preferential is suspension execution goods guarantee for 90 days after debtor stated insolvent , which then can shortened to 2 months . The main obstacles faced creditors separatist is ambiguity about product insolvency — including determination and statement —which causes difficulty in do execution. Theory of justice dignified emphasize importance certainty law and accessibility information as part from solution practical For problem This is for overcome obstacle mentioned , it is suggested existence reformulation in product insolvency and increase transparency as well as accessibility minutes , so that creditors separatist can utilise 2 month period with more effective . Legislators are expected can add editorial regarding the deadline delivery information insolvency as well as ensure easy and transparent access​ For increase justice in the process of execution guarantee.
Understanding the Aspect of Legal Certainty in the Binding Agreement for the Sale and Purchase of Shares Reza Liasta Dewi; gultom, elisatris
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.v19i1.3774

Abstract

A share sale and purchase agreement (PPJB) is commonly used as a preliminary agreement before the transfer of rights becomes valid. However, its validity and binding force are still debated, especially when the transfer of rights to shares is included in a dispute in court. This paper aims to answer the problem of the position of PPJB from the perspective of agreement law and the legal certainty aspects of PPJB shares as part of the legal protection of the parties. The research method used is normative juridical by examining secondary data sourced from primary, secondary and tertiary legal materials, especially those correlated with the research topic. The description-analytical method is used to describe the existence of PPJB in the process of transferring shares to be further analyzed using legal principles and concepts so that its validity and binding force can be known. The results show that from the perspective of agreement law, the position of the PPJB is valid and has binding force for the parties if the material and formal requirements of the PPJB have been fulfilled. The transfer of shares is juridically transferred after the PPJB is followed by the fulfillment of the requirements stipulated in the PPJB and followed up with the notarial deed of transfer of shares and the recording of the transfer of shares in the company's register of shareholders.
Fulfillment of Simple Proof Requirements on Bankruptcy Application Based on Sema Number 03 of 2023 Widhayaka, Unggul Wibawa; Retnaningsih, Sonyendah; Ramadhan, Muhammad Rizqi Alfarizi
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.v19i1.3784

Abstract

The Supreme Court has issued Circular Letter Number (SEMA) 3 of 2023 which stipulates that simple proof cannot be applied in bankruptcy against apartment and/or flat developers. The circular is predicted to protect consumer interests and eliminate legal remedies in the form of bankruptcy applications to the commercial court, so that they must be submitted as lawsuits to the district court. The circular is not in accordance with the principle of integration in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (KPKPU Law). The KPKPU Law has clearly defined the matter of simple proof, and does not provide special protection for apartment and/or flat developers. Normative research is carried out with doctrinal research and tests the level of synchronization of regulations. The research is evaluative, examining cases that have occurred, based on comparative law. From this study it is concluded that proof is categorized as simple if there is a debt that is due and unpaid and there are two or more creditors. The requirement for simple proof does not consider the complexity of its impact on consumers. SEMA is a policy regulation, so if it conflicts with the regulations above it, the principle of lex superior derogat legi inferiori will apply. SEMA 03 of 2023 cannot change the provisions of the law, so simple proof can still be implemented against apartment developers. SEMA 03 of 2023 is not in line with the KPKPU Law so that by law it should be cancelled.
The Role of Legal Analysis and Evaluation in Realizing the Formation of Better Legislation Joko Sriwidodo; Ramlani Lina Sinaulan
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.v19i1.3795

Abstract

Evaluation of legal rules will produce recommendations on whether the rules need to be changed, revoked, or maintained. This process is part of the ex-post legal analysis method carried out on legal rules that have been enacted in accordance with Article 7 of the PPP Law , including Laws/Government Regulations in Lieu of Laws, Government Regulations, Presidential Regulations, Provincial Regulations, Regency/City Regulations, and other types of legal rules as stipulated in Article 8 paragraph (1) of the PPP Law . In legal analysis and evaluation, several methods are used with steps to inventory data on regulations related to the issues that have been determined, including colonial regime regulations that are still in effect today. Related supporting data is also needed to complete the material. Analysis and evaluation of related regulations are deepened by using the supporting data for further refinement. Based on Results Report Analysis And Evaluation Law related order manage government by Body Coaching Law National (BPHN) Ministry Law and human rights in 2020 , there are a number of The law that was carried out analysis And evaluation , including : Law Number 15 of 2006 concerning the Audit Board, Law Number 15 of 2004 concerning the audit of state financial management and accountability, Law Number 37 of 2008 concerning the Ombudsman, Law Number 25 of 2009 concerning Public Services, Law Number 5 of 2014 concerning State Civil Apparatus, Law Number 30 of 2014 concerning Government Administration and several others.
Understanding the Characteristics of Pig Butchering Scams: Impact on Victims and Challenges for Law Enforcement in Indonesia Aissyach, Aissyach Noor Chairinovadanti; Sigid, Sigid Suseno; Budi, Budi Arta Atmaja
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.3788

Abstract

The pig butchering scam mode or "Sha Zhu Pan (杀猪盘), is a form of cyber-based investment fraud that is highly manipulative and has grown rapidly in Indonesia since the COVID-19 pandemic. This scam combines elements of romance and investment fraud (hybrid romance-investment scam) by building an emotional relationship and trust of the victim through social media or dating apps, before finally exploiting them to hand over funds to fake investment platforms. This study discusses the characteristics, schemes and tactics of pig butchering fraud, as well as the impact and challenges faced by law enforcement in dealing with this crime. The case study involved three fraud schemes that occurred in Indonesia: crypto investments, fake job postings, and romance scams, with significant losses ranging from hundreds of millions to billions of rupiah. The study found that low public understanding, limited law enforcement and the complexity of transnational networks are the main obstacles in eradicating this crime. Therefore, a more adaptive legal approach and an increase in people's digital literacy are needed to mitigate the impact of pig butchering fraud crimes in Indonesia.
Legal Analysis of Legal Protection for Doctors in Reporting Patient Safety Incidents to Improve the Quality of Health Services Bintartho, Agung; Nasser, M; Sutrisno
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.3868

Abstract

Study This give deep insight about protection law for doctor in practice medical based on Constitution Number 17 of 2023 concerning Health and its derivatives . Focus main study This is For highlight challenges and dilemmas faced by doctors in operate his profession , including problem protection law for doctor in report incident safety patients , with hope can increase quality service health in a way overall , which at the moment This Still referring to the Minister of Health Regulation no. 11 of 2017 concerning safety patient . One of the the most crucial aspect in study This is analysis to Article 189 of the Health Law , which regulates importance effective communication between House sick and patient . Article This underline obligation doctors and institutions health For build transparent , clear , and interest - oriented communication patient . In context this , good communication can reduce potential misunderstanding and avoidance problem the law that arises consequence lack of information or ambiguity in service medical . Besides that , service model health offered by the Law This put forward not quite enough answer together between provider service health and patients . In matter This , Article 310 emphasizes that the patient also has obligation For active participate in the treatment process , providing the necessary information , as well as follow instructions medical with well , as part from safety patient . Responsibility answer together This No only aim For protect profession medical from potential demands law , but also creates environment service more optimal health , where both , doctor and patient , can each other support For reach the best results . Through study this , it is hoped There is improvement quality communication in practice medicine and more Lots understanding about regulated rights and obligations in The Health Law , which finally can repair connection between doctors and patients , as well as increase quality service health in a way overall
Fraud in BPJS According to Ethics and Health Law No. 17 Of 2023 Kartika, Ronald Winardi; Nasser, M; Agus Suswantoro, Tri
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.3875

Abstract

Background: Fraud in the National Health Insurance (JKN) program managed by BPJS Kesehatan poses a serious challenge to maintaining the sustainability of healthcare services in Indonesia. This study aims to analyze the forms of fraud, their impact on the healthcare system, and prevention strategies based on ethical and regulatory perspectives, specifically Health Law No. 17 of 2023 and Minister of Health Regulation No. 16 of 2019. Methodology: This study uses a normative legal approach with a descriptive-qualitative analysis method. Data were obtained through a literature review of applicable regulations, academic literature, and document analysis related to fraud in BPJS health. Primary legal sources include Health Law No. 17 of 2023 and various related regulations, while secondary sources consist of journal articles and research reports. The analysis was conducted by identifying fraud patterns, evaluating the effectiveness of supervision and administrative sanctions, and reviewing the role of technology in fraud mitigation. Results: Research shows that BPJS health fraud occurs due to weak supervision, minimal participant literacy regarding rights and obligations, and gaps in the claims and verification system. Implementing an information technology-based anti-fraud system, participant education, and increased oversight are strategic steps to minimize fraud. With a multidisciplinary approach, it is hoped that the JKN system can function optimally, ensure transparency, and increase the accountability of healthcare providers
Legal Implications Of Divorce Without A Trial On The Rights Of Divorced Couples Tutu, Ratu Salsabila; Prahasti Suyaman
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.4011

Abstract

This study aims to examine the legal implications of the practice of divorce carried out without going through a formal hearing in a religious court, especially on the protection of the rights of divorced couples. A valid divorce according to Indonesia's positive law can only be carried out before a panel of judges through a judicial process, but in practice, there are still many people who impose talaq orally or through communication without submitting an official application to the court. This study uses normative juridical methods with a qualitative approach, as well as interviews in Cibitung District to understand the factors that cause this phenomenon. The results of the study show that divorce without a trial has an impact on the loss of legal protection for the rights of couples. In addition, legally invalid divorces hinder the registration of new marriages due to the absence of divorce certificates. The main factors that affect this phenomenon include low legal understanding. Therefore, systematic efforts are needed to increase public legal awareness and expand access to justice, so that the divorce process can be carried out in accordance with positive law and provide fair protection for all parties.

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