cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Adi Nur Rohman
Contact Email
krtha.bhayangkara@ubharajaya.ac.id
Phone
+6285235968979
Journal Mail Official
krtha.bhayangkara@ubharajaya.ac.id
Editorial Address
Jl. Raya Perjuangan, Marga Mulya, Bekasi Utara Kota Bekasi
Location
Kota adm. jakarta selatan,
Dki jakarta
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 259 Documents
 21   22   23   24   25 
The Application For A Tourist Service Permit Is Reviewed From The State Administrative Law Based On Law Number 32 Of 2024 Concerning The Conservation Of Biological Natural Resources And Their Ecosystems (Case Study Of Situgunung Motorcycle Taxi Tour Services) Putra, Bangkit Tri Bakti; Haidan Angga Kusumah; Asti Sri Mulyanti
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.v19i2.4017

Abstract

This study aims to analyze the problems in the application for tourism service permits in the Situgunung conservation area from the perspective of the State Administration Law (HAN), with reference to Law Number 32 of 2024 concerning the Conservation of Biological Natural Resources and Their Ecosystems. This study focuses on the practice of implementing motorcycle taxi services as part of the use of environmental services which should be subject to the provisions of valid licensing from the government and/or local governments as stipulated in Article 34 paragraph (4) of the Law. However, in its implementation, it was found that the activities of motorcycle taxi services in Situgunung ran without a legal licensing basis, and escaped administrative supervision that should be carried out by the relevant authorities. This problem shows that there is a discrepancy between legal norms and administrative practices, weak enforcement of the principle of legality, and the lack of effectiveness of bureaucratic supervision in the implementation of the risk-based licensing system through OSS. Using a normative juridical approach and a field study, this study seeks to provide a critical evaluation of the existing permit application mechanism, as well as formulate the urgency of improving the licensing system to be in line with the principles of good governance, legal certainty, and administrative order in the sustainable management of conservation areas.
Strengthening the Capacity of Civil Servant Investigators' Duties and Functions in Handling Forestry Law Violation Cases Meurina Desthabu; Syamsul Hadi
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.v19i2.4034

Abstract

Peran Penyidik Pegawai Negeri Sipil (PPNS) bidang kehutanan berdampak sangat besar untuk membuktikan adanya suatu pelanggaran hukum terhadap hutan, kawasan hutan, dan hasil hutan sebelum diproses lebih lanjut oleh pihak Penyidik Kepolisian Negara Republik Indonesia dan Penuntut Umum. Penyidikan dimulai dengan adanya penemuan maupun laporan/aduan dari pihak-pihak yang memiliki kesaksian terhadap suatu dugaan terkait pelanggaran hukum menyangkut kehutanan. Dikarenakan terbatasnya kewenangan yang dimiliki oleh seorang PPNS bidang kehutanan, maka dibutuhkan adanya koordinasi dan pengawasan oleh  Aparat Penegak Hukum (APH) seperti Penyidik Polri dan Jaksa guna melakukan tindak lanjut atas seluruh cukup bukti yang didapatkan. Namun, bukan hanya karena perpanjangan dari APH yang membuat kasus pelanggaran bidang kehutanan menemui penyelesaian, melainkan karena pelaksanaan tugas dan fungsi PPNS secara internal di lapangan. Sebab jika hanya bertaut pada kewenangan absah yang tertuang pada Pasal 77 Undang-Undang Nomor 41 Tahun 1999 Tentang Kehutanan, belum cukup mengakomodir kinerja PPNS untuk memaksimalkan kredit penyelesaian penyidikan terhadap setiap kasus yang ditangani. Maka dari itu penelitian ini akan berfokus pada penguatan tugas dan fungsi PPNS bidang kehutanan agar tercapainya penyidikan yang lebih efektif, solutif, dan akuratif terhadap kasus yang seringkali tidak dapat terprediksi jenis dan bentuknya. Penelitian ini menggunakan pendekatan konseptual melalui kumpulan data dari suatu permasalahan hukum yang dinalisa menjadi sebuah penjabaran deskriptif berupa argumentasi penyelesaian. Sehingga penelitian ini dibuat dengan tujuan untuk mengoptimalkan praktik penyampaian solusi sebagai alternatif yang dapat menjadi suatu pertimbangan terhadap disiplin ilmu yang ditekuni penulis.
Upholding Democracy Between Indonesia and South Korea In The Presidential Impeachment Mechanism From The Perspective Siyasah Dusturiyah Ma'luf, Muhammad Alif; Pelita, Bobang Noorisnan; Rizal, Lutfi Fahrul
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.v19i2.4247

Abstract

Marriage This study aims to analyze and compare the mechanisms of presidential impeachment in Indonesia and South Korea in the perspective of democratic theory and siyasah dusturiyah. Although both countries embrace democracy and presidentialism, there are significant differences in the legal procedures and institutional configurations involved in impeaching the head of state. A juridical-normative approach is used with descriptive-analytical and comparative methods, accompanied by theoretical reviews from Robert A. Dahl, Larry Diamond, and Fareed Zakaria, as well as a review of political Islamic values from figures such as al-Mawardi, Ibn Taymiyyah, and al-Ghazali. The findings show that the impeachment mechanism in South Korea is more juridical and final, while Indonesia is more political and layered. From the perspective of siyasah dusturiyah, this mechanism can be seen as a modern manifestation of the principles of al-'azl, maslahah, and sadd al-dzari'ah. This study concludes that the effectiveness of impeachment in upholding democracy and justice is strongly influenced by institutional integrity and orientation towards public good, not merely formal procedures.  
Analysis of Islamic Criminal Law on Continued Criminal Acts by Children Syafiq, Syafiq Aljani Siagian; Imam Yazid
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.v19i2.4286

Abstract

The handling of ongoing sexual violence crimes committed by children requires an approach that considers victim protection, offender rehabilitation, and legal certainty. Using Decision Number 59/Pid.Sus-Anak/2024/PT MDN as a framework, this essay examines how Islamic criminal law applies to persistent cases involving juvenile offenders.  Researchers used primary and secondary sources, conducted descriptive and qualitative analyses, and adhered to a normative juridical methodology that included a statute approach, a case approach, and an examination of Islamic law. The results show that the judges' decision to impose a 12-month prison term with a 6-month work-study program was based on legal considerations (Article 81 paragraph (2) of Law No. 17/2016 Jo. Article 64 paragraph (2) of the Criminal Code Jo. Law No. 11/2012), philosophical considerations (the rehabilitation of children), and sociological aspects (the psychological impact on victims). According to Islamic criminal law, a juvenile offender who commits a crime at the age of seventeen is regarded to be in the puberty and accountability stages, but due to the presence of compulsion and the juvenile's position, syubhat (doubt) arises, and hudud is not enforced.  In accordance with the concepts of ishlah (reform) and ta'dib (education), the crime is designated as jarimah zina (fornication) with violent components and is punished with ta'zir, a kind of education that is both corrective and instructional.  Islamic law and positive law work together to prioritize victim protection and offender rehabilitation, as emphasized by this ruling, which represents maqasid syariah, especially hifz al-nafs (protection of life) and hifz al-nasl.
Comparison Of Indonesian Police With Asian Police (Japan, South Korea, And Singapore) Edi Saputra Hasibuan
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.v19i2.4326

Abstract

This study aims to analyze and compare the institutional structure, functions, and authorities of the Indonesian National Police (Polri) with those of three Asian countries: Japan, South Korea, and Singapore. This study is motivated by various problems still faced by the Polri, including declining public trust due to several cases of violence by officers, such as the death of Afif Maulana, the shooting of Gamma Rizkynata, and internal conflict between Polri members in South Solok. The research method used is a juridical-normative with a comparative approach, through document studies, regulatory analysis, and a review of the latest literature. The results show that the police systems in Japan, South Korea, and Singapore have advantages in terms of accountability, transparency, and a stricter internal oversight system compared to Indonesia. In addition, these three countries have also demonstrated consistency in maintaining the independence of officers and providing human rights-oriented training. Meanwhile, the Polri still faces challenges in terms of structural reform, strengthening ethical culture, and apparatus professionalism. Therefore, it is necessary to adopt best practices from these countries to strengthen the Indonesian National Police as an effective, professional and publicly trusted law enforcement institution.
Legal Aid For The Poor Gatot Efrianto; Nia Tresnawaty
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.v19i2.4329

Abstract

The definition of a state is a territory with a sovereign government, governed by law, and having a permanent population. Every resident living within a state is obligated to obey the laws established in that state. This is especially true in Indonesia as a state based on the rule of law, as asserted in the 1945 Constitution (UUD 1945) Article 1 paragraph (3): “The State of Indonesia is a state based on law.” However, even though Indonesia is a state of law, in reality, law enforcement in the country remains very weak. This is exacerbated by numerous public perceptions and negative assumptions resulting from failed legal implementation, such as the widespread belief that “the law is sharp downward but blunt upward.” In society and state life, the law should be the commander in every aspect of life, aiming to create justice, maintain order, and protect individual rights. But what does justice truly mean in Indonesia? Is justice as simple as 1+1 = 2 or 2+2 = 4? If justice is defined that way, then the lower class should feel the same fairness as the upper class, particularly when it comes to legal matters. The term “lower class” here refers to marginalized groups who face various forms of injustice, including limited access to the judiciary, poverty, legal illiteracy, and many others. In light of this, this paper will discuss the problems and the concept of legal aid as a right and obligation that must be guaranteed for the poor. The fact remains that currently, poor communities still struggle to access legal aid due to their difficult economic conditions, which often remain unaccommodated.  
Family Dispute Resolution by Litigation: Between Litigation and Mediation Efforts as a Reconciliative Solution Sonjaya, Feny Ramadhani; Hanan, Rafie Muhammad Yasril; Sururie, Ramdani Wahyu
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.v19i2.4074

Abstract

This study aims to determine the settlement of family disputes through litigation. The method used in this study is qualitative with the type of library research and uses an empirical normative-juridical approach, where the study focuses on the reciprocal correlation between law and the phenomena that occur. The results of the study indicate that the settlement of family disputes through litigation is a dispute resolution method in which there is a process of mutually disabling opposing evidence (op tegenspraak) and producing a win-lose solution. In fact, the resolution of household problems outside the court, such as mediation which in traditional societies is often carried out at the village level or tahkim which is carried out in large families through negotiation and arbitration. However, in the modern era, people now prefer to resolve family disputes through litigation in court so that married couples are forced to choose a court decision which mostly ends in divorce.  
Literature Study on the Appointment of Acting Regional Heads from Active Indonesian National Army (TNI) Elements in Regional Autonomy Perspective Tanjung, Febriasty; Hernadi Affandi; Inna Junaenah
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.v19i2.4293

Abstract

This research is a literature study that analyzes the construction of regional autonomy perspectives in the appointment of Acting Regional Heads from the active Indonesian National Army (TNI) based on various academic studies. with various studies among academics. The appointment of acting regional heads from the military raises fundamental questions regarding its consistency with the principles of regional autonomy, merit systems, and local democracy. The main focus of this research is to examine: This research is a literature study that analyzes the construction of regional autonomy perspectives in the appointment of Acting Regional Heads from the active Indonesian National Army (TNI) based on various academic studies. with various studies among academics. The appointment of acting regional heads from the military raises fundamental questions regarding its consistency with the principles of regional autonomy, merit systems, and local democracy. The main focus of this research is to examine: First, How is the construction of regional autonomy perspectives in various studies regarding the appointment of Acting Regional Heads from active TNI elements before the enactment of Permendagri No.4 of 2023? Second, What is the regulatory basis that can be corrected for the appointment of Acting Regional Heads from active TNI elements in the perspective of regional autonomy?. This research uses normative juridical methods and uses secondary data from library materials. The approaches used in this research are legislative approach and conceptual approach. This research concludes: First, the dominance of the perspective stating that the practice of appointing Acting Regional Heads from among the active TNI tends to conflict with local democracy. Second, a more assertive regulatory reformulation is needed in limiting the appointment of Acting Regional Heads from the active TNI and strengthening mechanisms of transparency, accountability, and DPRD participation in the selection process.
"Normative Convergence and Divergence: A Comparison of Digital Cyberbullying Evidence Laws between Indonesia and Singapore in the Digital Era" Cheza Kania risky; Dewi Mutiah
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.v19i2.3702

Abstract

This research examines the validity of digital evidence in cyberbullying cases through a comparative normative legal study between Indonesia and Singapore. Cyberbullying, as a troubling form of cyber violence, leaves a significant digital footprint, making it key evidence in legal proceedings. This study aims to compare the legal frameworks, validity standards, and verification methods for digital proof related to cyberbullying in the two countries, as well as their legal implications for ensuring legal certainty and protecting victims. The research method used is normative law, by analyzing laws and regulations such as the KUHAP and ITE Law in Indonesia, and the Evidence Act in Singapore, along with related jurisprudence and legal doctrine. The results show significant differences in the legal framework of digital evidence. Singapore, with its Evidence Act, has a more explicit and structured legal framework that emphasizes the reliability of digital evidence, providing higher legal certainty. Indonesia, while recognizing digital evidence through the interpretation of "Surat" in KUHAP and the ITE Law, has a more general and flexible legal norm, with potential challenges in verification and legal certainty. This research concludes that Singapore's more advanced legal framework can serve as a reference supports the advancement of Indonesia's legislation pertaining to digital evidence, especially in light of efficiently addressing cyberbullying. This research contributes to the.
Responsibility of the Entrepreneurial Association for Micro, Small and Medium Enterprises on Car Free Day in Cilegon City Sulasno; Lolitawati; Pratama, Putri
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.v19i2.3772

Abstract

Paguyuban Wirausaha Cilegon is an association that oversees Micro, Small and Medium Enterprises activities that focus on the car free day activity area. This study aims to determine the utilization and development as well as legal responsibility for Micro, Small and Medium Enterprises located in the car free day area. This study uses a qualitative method with an empirical legal approach. Primary data sources come from Paguyuban Wirausaha Cilegon while secondary data comes from books, journals, encyclopedias, dictionaries, and virtual sources. while data analysis uses analytical descriptive, The results of this study indicate that the utilization and development of Micro, Small and Medium Enterprises in the car free day area can be done by making visitors more interested in coming to the car free day area by providing music facilities, facilities for blood donors, health checks and so on which aim to provide comfort and good benefits for the community, as well as development in marketing, Micro, Small and Medium Enterprises have carried out marketing online, by pre-ordering products, and the legal responsibility carried out by the Cilegon Entrepreneurial Association for Micro, Small and Medium Enterprise products can be done by registering employment, Business Identification Number, Halal certificate, BPOM, and intellectual property.

Page 23 of 26 | Total Record : 259

 21   22   23   24   25 

Filter by Year

2018 2025


Reset
Filter By Issues
All Issue Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025 Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025 Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025 Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024 Vol. 18 No. 2 (2024): KRTHA BHAYANGKARA: AUGUST 2024 Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024 Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023 Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023 Vol. 16 No. 2 (2022): KRTHA BHAYANGKARA: DECEMBER 2022 Vol. 16 No. 1 (2022): KRTHA BHAYANGKARA: JUNE 2022 Vol. 15 No. 2 (2021): KRTHA BHAYANGKARA: DECEMBER 2021 Vol. 15 No. 1 (2021): KRTHA BHAYANGKARA: JUNE 2021 Vol. 14 No. 2 (2020): KRTHA BHAYANGKARA: DECEMBER 2020 Vol. 14 No. 1 (2020): KRTHA BHAYANGKARA: JUNE 2020 Vol. 13 No. 2 (2019): KRTHA BHAYANGKARA: DECEMBER 2019 Vol. 13 No. 1 (2019): KRTHA BHAYANGKARA: JUNE 2019 Vol. 12 No. 2 (2018): KRTHA BHAYANGKARA: DECEMBER 2018 Vol. 12 No. 1 (2018): KRTHA BHAYANGKARA: JUNE 2018 More Issue