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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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Courier Assistant Service Practices at Shopee Express Courier Partners from a Contract Law Perspective Wulandari, Sekar Ajeng; Fuqoha
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.v19i2.3777

Abstract

This study analyzes the practice of assistant couriers employed by Shopee Express partner couriers from a contract law perspective. The relationship between Shopee Express and partner couriers is governed by a legally binding partnership agreement. However, the existence of assistant couriers hired by partner couriers lacks a clear legal basis within the agreement. This phenomenon raises potential legal issues, particularly concerning liability for lost or damaged goods during delivery. Based on the principle of freedom of contract in Article 1338 of the Indonesian Civil Code, partner couriers and Shopee Express have the right to agree on the terms of their employment contract. However, the use of assistant couriers without Shopee Express’s approval may violate the validity conditions of contracts under Article 1320 of the Indonesian Civil Code. This study recommends that Shopee Express establish clearer regulations regarding the involvement of assistant couriers to ensure legal certainty and protection for all parties involved.
Judges' Considerations in the Determination of Marriage Dispensation in Court as a Form of Protection of Children's Rights Dina Triana Febriana; Sonny Dewi Judiasih; Djanuardi
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.v19i2.3778

Abstract

Marriage is the right of every human being to build a family. To provide protection to each party, the state through the government stipulates the Marriage Law as a regulation to create order. So that people who want to get married are required to fulfill the requirements and provisions in the Marriage Law, so that marriage can be said to be legal in religion and the state. The research method used is the juridical-normative method with descriptive-analytical research specifications, with the data collection technique used, namely library document studies. The results of the study include that the judge in determining whether to grant or refuse to grant marriage dispensation to children who will enter into marriage underage is based on consideration of all aspects, both positive and negative impacts of the determination of marriage dispensation. Therefore, the judge carefully considers the best interests of the child and the aspect of danger or disadvantage to the child if the underage marriage is allowed to take place, and also the danger or disadvantage that will arise if the application for dispensation to marry the child is rejected.
Legal Challenges In The Implementation Of Change In The Authority To Issue Certificates of Inheritance After  Ministry of Agrarian Affairs and Spatial Planning Regulation Number 16 Of 2021 Bunga Jasmine Puji Hapsari; Shofiy Zulfah
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.v19i2.3833

Abstract

This research discusses legal issues arising in the implementation of changes in the authority to issue a Certificate of Inheritance after the enactment of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 16 of 2021, which is the third amendment to Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 9 of 1999 on Procedures for Granting and Cancelling State Land Rights and Management Rights. Using sociological juridical approach, this study analyses the implications of the change in authority on the inheritance law system in Indonesia, conflicts of norms arising from dualism of authority, and aspects of legal certainty for the community. The results show that the changes pose significant challenges in harmonising regulations related to the authority to issue Certificate of Inheritance, gaps in implementation in the field, and potential legal uncertainty. Research recommendations include regulatory harmonisation, strengthening inter-agency coordination, and developing an integrated system for inheritance administration.
Accountability of Peer to Peer Lending Organizers to Lenders from a Responsibility Theory Perspective Indah Sari, Yuliana; Ratna Januarita; Rini Irianti Sundary
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.v19i2.4023

Abstract

The presence of Peer To Peer Lending in Indonesia emerged in 2015 and became a solution for Borrowers with easy requirements without collateral. Although peer to peer lending provides convenience for borrowers (borrowers) on the other hand peer to peer lending has an impact or risk for lenders (borrowers) namely the non-return of loan funds that have been given (lenders) to borrowers through the Peer To Peer Lending organizer, the non-return of funds as agreed, is considered a default, so that the Organizer can be held for the incident. This research is a normative and descriptive analytical research using primary legal materials such as POJK Number: 77 / POJK.01 / 2016 concerning information technology-based money lending services, POJK Number 18 / POJK.07 / 2018 concerning Consumer Complaints Services in the Financial Services Sector, and POJK Number 31 / POJK.07 / 2020 concerning the Provision of Consumer and Community Services in the Financial Services Sector, and Hans Kelsen's theory of responsibility. The results of this study indicate that the Theory of Responsibility initiated by Hans Kelsen says that a person is legally responsible for a certain act or that he bears legal responsibility, the subject means that he is responsible for a sanction in terms of a separating act. Hans Kelsen stresses that there must be sanctions that can be applied, the implementation of Hans Kelsen's Theory of responsibility is not realized in this case, because civil sanctions in the form of compensation that should be given by the organizer to the lender are not given so that equality of action in law is not realized which should be the law can protect the injured and weak parties.
Family Dispute Resolution System and Its Challenges in Indonesia Maghrabi, Ahmad Maulana; Abdul Basith, Muhammad; 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.v19i2.4144

Abstract

The The family dispute resolution system in Indonesia aims to resolve various issues within family relationships, such as divorce, child custody, and division of joint property. Dispute resolution can be conducted through two main channels: litigation (court proceedings) and non-litigation (mediation). The court plays an important role in enforcing the law and protecting the rights of the parties involved. This article aims to analyze the effectiveness of the family dispute resolution system in Indonesia and evaluate the challenges faced in its implementation. The discussion begins with an explanation of the dispute resolution system in court, mediation as an alternative dispute resolution method, and the challenges in resolving family disputes in Indonesia. Furthermore, the article examines the role of the court in supporting justice for the parties involved in family disputes and identifies factors that affect the success of mediation. This study is also necessary to explore the challenges and dynamics that arise in family dispute resolution, particularly regarding the duration of legal processes, high costs, and emotional tensions between the disputing parties. This research uses a qualitative method, referring to related sources such as previous studies on family dispute resolution. In conclusion, the family dispute resolution system in Indonesia requires improvements, including the optimization of mediation, simplification of legal procedures, and digitalization of legal services to achieve a more efficient and just process
Aspect Legality and Implementation Criminal To Exploitation Child Sexual Abuse in Indonesia: A Case StudyDecision No. 387/ Pid.Sus /2024/PN Sgl Barquzzaman, Hartato; Muhammad Adystia Sunggara
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.v19i2.4348

Abstract

This research aims to analyze the legal aspects and criminal sanctions related to child sexual exploitation in Indonesia, focusing on the case study of Decision Number 387/Pid.Sus/2024/PN Sgl. Child sexual exploitation is a serious issue that impacts the lives of victims and society. This study examines the application of criminal law as stated in Article 88 in conjunction with Article 76I of Law No. 35/2014 on Child Protection, as well as the challenges in law enforcement in Indonesia. The research utilizes a normative approach with an analysis of related court decisions. The results indicate that although there are clear regulations, challenges remain in the application of criminal law regarding child sexual exploitation, particularly in terms of evidence and victim recovery. The author also recommends the need for stricter law enforcement and more effective strategies to prevent child sexual exploitation in the future.
Implementation of the Food Estate in Merauke: Legal Review and Protection of Indigenous Peoples’ Rights Bagus Yudha Prawira; Djoko Andoko; Diah Ayu Permatasari; Edy Supriyadi
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.v19i2.4379

Abstract

This study aims This study aims to analyze the implementation of the Food Estate program in Merauke, Papua, which is part of Indonesia’s National Strategic Projects aimed at strengthening food security. However, its execution has raised legal, environmental, and human rights concerns, particularly regarding indigenous peoples’ rights. Using a qualitative-juridical approach, this study examines the program’s alignment with Indonesia’s legal framework, including the Basic Agrarian Law, Human Rights Law, Environmental Law, Village Law, and Papua’s Special Autonomy Law. The findings indicate systemic neglect of customary land right, the principle of Free, Prior, and FPIC, and meaningful community participation. The study also identifies serious ecological impacts, militarization of land acquisition, and practices of food colonization. It concludes by recommending stronger legal enforcement, recognition of indigenous land rights, demilitarization of development processes, and policy designs that prioritize local food sovereignty.

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