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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 259 Documents
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Law Enforcement Against Violent Crimes By Police Members: A Case Study of the Use Of Excessive Force Against Protesters Pinayungan Siregar, Pinayungan Siregar; Adi Nur Rohman, Adi Nur Rohman; Sri Wahyuni, Sri Wahyuni
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4146

Abstract

This research examines law enforcement against acts of violence committed by members of the Indonesian National Police in the context of the use of excessive force when securing demonstrations. The phenomenon is considered a form of violation of criminal law and human rights that has the potential to threaten the principle of the rule of law and undermine the legitimacy of the police institution. The approach used is normative legal research with juridical analysis of the Criminal Code (KUHP), Law No. 2 of 2002 on the Police, Law no. 39 of 1999 on Human Rights, as well as the Chief of Police Regulation relating to the use of force. The results of the study show that although normatively there is an adequate legal basis to limit and regulate the use of force by the apparatus, in practice it often deviates from the principles of legality, proportionality and accountability. Offenders are not always processed through the general criminal mechanism, but only through internal ethical channels, creating an impression of impunity. Therefore, it is necessary to strengthen the criminal accountability system, institutional reform, and independent external oversight so that the principles of the rule of law and the protection of human rights can be thoroughly upheld
Convergence of Criminal Law Instruments in the Misuse of Firearms by Police Officers: A Review of the Criminal Code, the Police Law, and the Human Rights Law Ari Eko Prasetyawan, Ari Eko Prasetyawan; Edi Saputra Hasibuan, Edi Saputra Hasibuan; Diana Fitriana, Diana Fitriana
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4152

Abstract

The misuse of firearms by members of the Indonesian National Police is a complex legal issue that has a direct impact on the guarantee of human rights, especially the right to life. This article aims to examine the convergence of criminal law instruments governing the use of firearms by members of the Indonesian National Police, as well as evaluating the criminal and disciplinary liability system in the context of such abuse of authority. This research uses a normative juridical method with a legislative approach and case studies. The results of the study show that although normative arrangements related to the use of firearms are available through the Criminal Code, Law No. 2 of 2002, and a number of Perkapolri, the implementation is still weak, especially in the aspects of supervision and accountability. There is a discrepancy between norms and practices, as well as a tendency for non-transparent internal settlements. This condition shows that substantive legal convergence has not been realized. Therefore, it is necessary to reformulate the accountability system that includes harmonizing regulations, strengthening independent oversight institutions, and integrating human rights principles in the entire law enforcement process. Thus, the Indonesian legal system can guarantee justice and prevent impunity among law enforcement officials.
The Philosophy of Islamic Finance and its Implications for Islamic Accounting Salwa, Siti; Atmo Prawiro, Atmo Prawiro; Sugeng Priyono, Sugeng Priyono
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4301

Abstract

The philosophy of Islamic finance is rooted in Islamic principles, upholding justice, transparency, and social responsibility as the foundations of the economy. Unlike conventional finance, which is oriented toward profit maximization, this philosophy prohibits usury, uncertainty, and gambling, and encourages investment in the real sector and profit-sharing practices to achieve comprehensive welfare (falah). These philosophical implications are highly significant for the concept of Islamic accounting. Islamic accounting not only aims to present relevant financial information but also ensures compliance with Islamic principles and reports on social performance. This is reflected in the recognition of income and expenses derived solely from halal sources, specific accounting treatment for Islamic contracts, and broader disclosure regarding Sharia Supervisory Board compliance and social contributions such as zakat. Thus, Islamic accounting functions as an accountability tool that reflects the ethical and moral values upheld in Islamic financial philosophy, aiming to achieve a fair and integrity-based economic system.
Challenges To Investigator Professionality In Law Enforcement: A Rule Of Law And Good Governance Perspective Widijowati, Rr. Dijan; Restu Adhie Charisma, Restu Adhie Charisma
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4512

Abstract

Enforcement the law in Indonesia does not can released from function and existence investigator as part from structure law. Investigators who have function enforcement law in fact not yet capable realize ideals law community. Complaints to The Chief of Police and the National Human Rights Commission to culminating in implementation title case specifically at the Criminal Investigation Unit of the Indonesian National Police Headquarters is one of the proof concrete investigator Not yet capable carry out task in accordance with need law community. The research method used is method juridical normative with approach studies case. Data collected through studies more literature carry on done analysis For can answer problem function and existence investigator in community. Research results show various obstacle professionalism investigator in carry out enforcement law. Implementation rule of law and good governance in function and existence investigator considered as step strategic for build integrity investigator in carry out function enforcement law. Strengthening regulation, supervision and cultural reform is step urgent to ensure fair and certain investigation law.
Legal Socialization Strategy in Expanding Understanding of Postnuptial Agreements for Indonesian Citizens in Taiwan Andhari Putri, Arsetty; Prahasti Suyaman, Prahasti Suyaman
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4527

Abstract

This study discusses legal socialization strategies in expanding the understanding of postnuptial agreements for Indonesian Citizens (WNI) in Taiwan. A postnuptial agreement is an important legal instrument to regulate the rights and obligations of husband and wife, especially in terms of property management, both during the marriage period and in the event of divorce. However, understanding of the existence and benefits of this agreement is still low among the Indonesian diaspora. This study uses a sociological juridical method with a qualitative approach, which not only examines the normative aspects of marriage law, but also explores the social realities that affect the effectiveness of the dissemination of legal information abroad. The results of the study show that the lack of socialization, limited access to information, and differences in legal and cultural contexts are the main obstacles in the dissemination of legal understanding. Therefore, an integrated legal socialization strategy such as online seminars, integrated counseling, social media, and the provision of Indonesian legal materials in accordance with the local context is urgently needed. With this strategy, it is hoped that Indonesian citizens in Taiwan can better understand their rights under marriage law and be encouraged to make post-marriage agreements consciously and legally. This research emphasizes the importance of collaboration between governments, foreign representatives, legal practitioners, and diaspora communities in creating inclusive and sustainable legal literacy.
Counterintelligence in Legal Perspective: Balancing National Security and Human Rights in Indonesia Riyanta, Stanislaus
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4528

Abstract

This study examines the crucial role of counterintelligence within the legal framework of Indonesia, focusing on the inherent tension between safeguarding national security and upholding human rights in the face of evolving contemporary threats. Utilizing a qualitative legal analysis approach, this research scrutinizes existing Indonesian laws, particularly the State Intelligence Law (Law No. 17/2011), to identify their adequacy, ambiguities, and potential for legal and ethical challenges in counterintelligence operations. It analyzes how core counterintelligence functions—such as intelligence gathering, surveillance, and neutralization—are regulated and the extent to which they align with international human rights standards. The study highlights critical legal gaps concerning privacy protection, accountability mechanisms, and oversight of intelligence agencies. Based on this analysis, it proposes concrete legal reforms and policy recommendations aimed at strengthening Indonesia's counterintelligence capabilities while ensuring robust adherence to democratic principles, rule of law, and fundamental human rights. This includes advocating for clearer legal mandates, enhanced independent oversight, and transparent accountability frameworks to foster public trust and legitimacy in counterintelligence practices.
Legitimizing Sexual Predators in the 2025 Draft Criminal Procedure Code Sepmiko, Jorza; Syauket, Amalia; Kusuma, Ja; Sihombing, Hubertus L.; Irwan, Irwan
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4548

Abstract

This paper analyzes a legal loophole in Law No. 1 of 2023 concerning the Indonesian Criminal Code (KUHP) related to the exemption from criminal responsibility for persons with mental disabilities (Article 67 juncto Article 64 paragraph (1) letter c, Article 103, Article 38, and Article 39). This loophole has the potential to be misused by sexual offenders, such as sexual predators with paraphilic disorders, to avoid imprisonment and only receive action-based sentencing in the form of rehabilitation or even absolute acquittal. This research uses a normative method with criminological and victimological approaches. The findings indicate that the convergence between the provisions of the 2023 KUHP and the 2025 Draft Criminal Procedure Code (KUHAP), particularly Article 45 concerning the temporary suspension of investigations and diversion mechanisms, has the potential to cause the "attrition" of sexual violence cases before substantive trials. This undermines the deterrent effect, increases the risk of recidivism, and leads to secondary victimization. Therefore, this paper recommends revisions to the 2025 Draft KUHAP, including restrictions on the suspension of investigations and diversion for severe sexual crimes, as well as the establishment of stricter evidentiary standards for proving mental disability
Mediation As a Non- Litigation Effort in Settlement Dispute Land in Indonesia Nurwidiatmo
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4562

Abstract

Land is something the needs required by each Indonesian citizens. Land is the basic capital development. in life socialize in general hang his life on the benefit land and have relationship that is eternal with the state and the people. Therefore That law agrarianism in Indonesia in general general has arranged in Constitution Number 5 of 1960 concerning Basic Rules of Procedure Agrarian Law (UUPA), which is implementation (formel gesetz) Article 33 paragraph 3 of the 1945 Constitution which states that " Earth and water and wealth nature contained inside it controlled by the state and used as much as possible For prosperity of the people”. As action carry on from the related Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia with earth or land. then be taken out Constitution Number 5 of 1960 concerning Basic Rules Agrarian (hereinafter abbreviated as UUPA). Scientific articles This Use study law normative or study law literature that is research conducted with method research material library or secondary data. and types research on writing This is study juridical normative. namely reviewed with approach legislation It means something problem will seen from aspect the law with examine regulation legislation. Research results show that the law in Indonesia is still need to be completed For form arrangement about Mediation As a Non- Litigation Effort in Settlement Dispute Land in Indonesia
Construction of Sea Barriers in Tangerang Based on Agrarian Law Perspectives and Implementation Issues Muhammad Arasy Al Haq; Wardani Rizkianti
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4581

Abstract

The issuance of hundreds of Building Use Rights certificates in the Tangerang sea area raises fundamental questions about the application of agrarian law in coastal areas, which should be public domain. This study analyze agrarian law aspects implementing problems sea wall construction in Tangerang, particularly regarding the legality of issuing HGB certificates in the sea area and their impact on the rights of coastal communities. The research method used is normative juridical. The results show that the issuance of 263 SHGB and 17 SHM in the sea area is contrary to UUPA Number 5 of 1960 because the sea area is not an object of land rights, thus containing juridical defects in terms of authority, procedure, and substance. The construction of the sea fence has violated the constitutional rights of coastal communities to work, a healthy environment, and fair legal certainty, causing significant economic losses in the form of increased operational costs for fishermen and the loss of traditional access to the sea. The problems in implementation reflect a failure of coordination between government agencies, a lack of synchronization of authority between the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN), the Ministry of Marine Affairs and Fisheries (KKP), and the Investment Coordinating Board (BKPM) after the Job Creation Law, as well as construction without the mandatory Marine Spatial Utilization Conformity, which can be categorized as an unlawful act that violates the principle of state control for the prosperity of the people
Legal Regulation Problems for Online Gamblers Firdha Sifana, Firdha Sifana; Beniharmoni Harefa, Beniharmoni Harefa
KRTHA BHAYANGKARA Vol. 19 No. 3 (2025): KRTHA BHAYANGKARA: DECEMBER 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i3.4600

Abstract

The rapid development of digital technology has led to a new form of criminal activity online gambling which continues to expand within Indonesian society. However, the existing legal provisions, both in the old Criminal Code (KUHP) and the new National KUHP, do not explicitly regulate criminal sanctions for online gambling players. Meanwhile, the Electronic Information and Transactions Law (UU ITE) only addresses penalties for organizers and service providers. This has resulted in a legal vacuum, leading to uncertainty and weak law enforcement effectiveness. This study aims to examine the legal implications of the absence of specific regulations on criminal sanctions for online gambling players and to analyze the urgency of establishing a special regulation governing such sanctions in Indonesia. The research employs a juridical-normative method using statutory, conceptual, and case approaches to analyze the normative limitations and the need for criminal law reform. The findings indicate that Gustav Radbruch’s theory of legal certainty is relevant in explaining the necessity for more adaptive and clear legal provisions. The study recommends the formulation of a specific legal provision that defines online gambling players, outlines the elements of the offense, and differentiates levels of culpability, so that law enforcement and sentencing can be applied proportionally to the degree of involvement and fault of each offender.

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