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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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Restorative Justice in Criminal Procedure Reform towards a Pro Victima et Societatis System Neng Erna Sry Denasty
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.v19i3.4612

Abstract

This study aims to conduct a normative analysis of the direction of restorative justice regulations in the reform of criminal procedure law in Indonesia and the concept of restorative justice regulations in the reform of criminal procedure law that can be aligned with the principles of criminal law oriented towards victim protection and public interest. This research is motivated by the fact that the criminal justice system in Indonesia is still dominated by a retributive paradigm but often fails to achieve substantive justice. The 2025 Criminal Procedure Code draft has explicitly regulated restorative justice, but the absence of considerations regarding social impact and public unrest indicates a potential shift towards proceduralism. The research method used is normative juridical, which considers law as what is stated in legislation (law in books) with literature study and qualitative analysis methods that systematically describe secondary data. The results of the study show that the reform of criminal procedure law in Indonesia reflects a paradigm shift from retributive to restorative justice, emphasizing victim recovery, perpetrator responsibility, and social reconciliation as the objectives of punishment. Furthermore, restorative justice, which is in line with the principle of pro victima et societatis, depends on a balance between legal substance, institutional structure, and legal culture in order for the criminal justice system to be more humane and responsive to the community's need for justice
Copyright Protection in the Adaptation of Foreign Films into Indonesian Films Ellora Sukardi; Khairiyah Hanan Rafidah
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.v19i3.4621

Abstract

The increasing trend of Indonesian films adapted from foreign works highlights the growing interaction between local creative industries and global cultural flows. However, this development raises significant legal issues, particularly regarding copyright protection, licensing mechanisms, and compliance with international standards. This study examines the legal framework governing copyright protection in the adaptation of foreign films into Indonesian films by analyzing national regulations, primarily Law Number 28 of 2014 on Copyright and Law Number 33 of 2009 on Film, and relevant international instruments, including the Berne Convention and the TRIPs Agreement. Using a normative juridical method with statutory, conceptual, and comparative approaches, this research evaluates how adaptation rights, moral rights, and licensing obligations are implemented in practice. The findings indicate that although Indonesian law provides a clear basis for regulating adaptation, challenges persist, such as insufficient licensing compliance, weak enforcement, and limited legal literacy among industry practitioners. These obstacles contribute to the recurring risks of infringement and contractual disputes. The study concludes that strengthening copyright governance, improving licensing transparency, and enhancing cross-border enforcement mechanisms are essential to ensuring lawful and ethical film adaptations in Indonesia.
The Role of Mens Rea as a Condition for Punishment: A Case Study of Tom Lembong from the Perspective of Indonesian Criminal Law Haznul, Fikry
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.v19i3.4632

Abstract

This study examines the centrality of mens rea as a requirement for criminal liability in Indonesian corruption cases, focusing specifically on the case of Tom Lembong. The challenge of proving criminal intent or the mental state of the perpetrator presents a significant issue within Indonesia's criminal justice system, particularly when judicial verdicts contradict the lack of clear evidence regarding the defendant's subjective element. The research aims to analyze the position of mens rea in Indonesian criminal law, review the mechanisms for establishing the mental element in corruption cases using a case study approach, and evaluate the legal implications of the absence of proof of mens rea for fair criminal responsibility. Employing a systematic literature review, the study synthesizes scholarly articles, court decisions, and relevant policy documents from the last five years, selected through strict criteria and thematic analysis. The findings demonstrate that, in corruption cases, the proof of the mens rea element is often overlooked, leading to convictions that do not always reflect the principle of geen straf zonder schuld and thus risk undermining substantive justice. This research offers a critical mapping of the evidentiary standard for mens rea, highlights the relevance of abolition as a systemic corrective mechanism, and provides innovative recommendations for courts and policymakers to more clearly distinguish between administrative motives and criminal intent, thereby promoting a more adaptive and just legal enforcement
Murabahah Contract for Motor Vehicle Financing at CIMB Niaga Auto Finance (CNAF): Perspective on Sharia Banking Law Sawitri Yuli Hartati S.; Buldani Ridha; Dewi Nadya Maharani; Gatot Efrianto; Setiyono
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.v19i3.4636

Abstract

Normatively, the motor vehicle financing agreement at CIMB Niaga Auto Finance (CNAF) already has a strong legal basis. The murabahah contract used has been recognised as valid by DSN-MUI Fatwa Number 4 of 2000 concerning Murabahah and further strengthened by the Compilation of Islamic Economic Law (KHEIS), as well as by Law Number 21 of 2008 concerning Sharia Banking. This affords dual legitimacy, deriving from both sharia law and positive Indonesian law. However, there are discrepancies; the existence of this dishonesty can give rise to an element of gharar (ambiguity) and is contrary to the Fatwa of DSN-MUI and KHEIS, which require information disclosure to avoid prohibited practices. In reality, the settlement of financing disputes at CNAF also shows incompatibility with Sharia principles. The use of the Civil Code as a legal basis for dispute resolution, including the application of late fines, is inconsistent with the DSN-MUI Fatwa. Thus, the existence of a penalty clause and a choice of civil law in the CNAF agreement is normatively contrary to the principles of justice and Sharia compliance. Therefore, improvements are needed to the agreement clauses to align them with the applicable principles and fatwas. This research employs two approaches: a normative juridical and an empirical approach. The normative juridical approach is carried out deductively, focusing on the analysis of relevant laws and regulations. This research falls within the category of literature studies that rely on secondary data.
Law Enforcement Regarding Witness Protection in the Investigation of Corruption Crimes in Indonesia Muhamad Naufal Hibatullah; Nabila Genada2, Nabila Genada; Fadhli Ahmad Mujahid, Fadhli Ahmad Mujahid; Fely Oktariani, Fely Oktariani
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.v19i3.4654

Abstract

In the investigation of corruption crimes, the role of witnesses is important, given that witness testimony is the strongest evidence in criminal proceedings. However, often the investigation process involving witness examination does not pay attention to the aspect of witness protection itself. This study applies a normative legal methodology with the main objective of identifying law enforcement regarding witness protection in the investigation of corruption crimes in Indonesia. Specifically, this study analyzes how law enforcement regarding witness protection is carried out in Indonesia. In addition, this study also seeks to examine the coherence of the search for material truth in witness examination in the investigation of corruption crimes in Indonesia. The main findings highlight that there are still obstacles to the enforcement of the law on witness protection, as well as a lack of clarity regarding regulations related to witness protection, especially for witnesses who report corruption crimes. As a solution, it is recommended that mandatory protection regulations be codified immediately to ensure the security of all examination procedures and to reinforce the reliability of evidence in order to achieve substantive justice
Polemic on Polri Reform: Where Do You Want the Police To Be Directed? Edi Sahputra Hasibuan, Edi Sahputra Hasibuan
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.v19i3.4670

Abstract

This paper examines the polemic surrounding the reform of the Indonesian National Police (Polri), which remains a key issue in the discourse on law enforcement and democracy in Indonesia. Since its separation from the Indonesian National Armed Forces (TNI) in 1999, the Indonesian National Police (Polri) was expected to become a professional, transparent, and accountable civilian institution. However, numerous cases of ethical violations, abuse of authority, and close ties to political power have resurfaced the fundamental question: where will Polri reform lead? This paper examines the background to the polemic, the cases that triggered the crisis of public trust, and the debate over the institutional position of the Polri, whether it should remain directly under the President or be moved into a ministerial structure. The research method used is a normative-empirical one . The normative approach is used to examine laws and regulations, particularly Law Number 2 of 2002 concerning the Indonesian National Police (Polri), as well as relevant internal Polri regulations. Meanwhile, an empirical approach is carried out by examining secondary data in the form of reports from independent institutions (Komnas HAM, Ombudsman, ICJR), court decisions related to cases involving police officers, and national and international media coverage. The analysis was conducted qualitatively and descriptively , outlining the phenomenon of violations, political dynamics, and civil society responses, and then linking these to theories of state institutional reform and legal principles. The analysis shows that structural change without accompanying cultural reform, a strong oversight system, and merit-based recruitment will only result in cosmetic reform. This article recommends strengthening external oversight, improving internal management, and orienting toward human rights-based policing as fundamental steps to answer the question "Where are we taking the police?" within the framework of a democratic state based on the rule of law.
Reconstruction Of Policy Arrangements For The Regulation Of Mining Business Licenses For The Sale Of Marine Sedimentation Products In The Perspective Of Environmental Administration Law Indra Lorenly Nainggolan, Indra Lorenly Nainggolan; Nina Zainab, Nina Zainab; Rona Apriana Fajarwati, Rona Apriana Fajarwati
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.v19i3.4671

Abstract

The results of deep sea sedimentation PP No. 26 of 2023 concerning the management of sedimentation products in the sea have provided space for mining business permits for sale. Mining business licenses for sale from the perspective of environmental administration law must be placed in the provisions of article 28H paragraph 1 of the 1945 Constitution of the Republic of Indonesia, especially regarding a good and healthy environment. Is the management of marine sedimentation products for reclamation using mining business license instruments for sale in accordance with the legal values of environmental administration as stipulated in article 28H paragraph 1 of the 1945 Constitution of the Republic of Indonesia? The research method used is normative juridical, by analyzing laws and regulations using a conceptual approach. The results of the study found that the concept of mining business licenses for sale in Government Regulation No. 26 of 2023 is not in line with the principles of a good and healthy environment. A good and healthy environment is a guarantee for all people to participate fully, providing a sense of concern for environmental protection. Furthermore, mining business permits for sale are indeed intended for the economic interests of business actors, because the final form of management of sedimentation products in the sea is indeed prioritized to obtain profits. An increase in the added value of the community's economy will never be achieved in Government Regulation No. 26 of 2023. This makes the principle of special rights and the right to development for the general public, related to the guarantee of free and complete participation of indigenous peoples, will be ignored
The Validity of Authentic Deeds for Mortgage Loan Agreements in Banks When the Signing of the Contract Is Not Conducted Before a Notary/Ppat Hirwansyah, Hirwansyah; Dodi Rusmana, Dodi Rusmana; Mohamad Ali Syaifudin, Mohamad Ali Syaifudin
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.v19i3.4690

Abstract

The Mortgage Loan Agreement (Kredit Pemilikan Rumah/KPR) in Indonesia is one of the central components in banking financing activities, which carries substantial economic and commercial value. Within the KPR process, the use of an authentic deed is indispensable. The validity of an authentic KPR deed signed without the presence of a Notary/PPAT constitutes a violation of the professional code of ethics and an unlawful act. This journal research employs a normative legal research method, which positions law as a structure and system of norms, using primary legal materials such as statutes and regulations, secondary materials such as books and journals, and tertiary materials including manuals and explanatory documents related to the primary and secondary sources. The findings show that a KPR deed signed without the Notary’s presence loses its authentic character and is downgraded to a private deed, thereby losing its perfect evidentiary value (volledig bewijs). This condition weakens the legal position of the bank as creditor in collection and collateral execution, increases the risk of disputes with debtors, and reduces legal certainty for all related parties. A Notary/PPAT who fails to ensure compliance with formal procedures may be held civilly liable based on Articles 1365 and 1366 of the Indonesian Civil Code and may also face ethical sanctions from the Notary Honorary Council (DKN) and the Notary Honorary Assembly (MKN). Professionalism of the Notary/PPAT in performing their duties is crucial to maintaining the legal legitimacy of KPR deeds and protecting the interests of both creditors and debtors.
Cross-Border Data Transfer: Notary Compliance for Foreign Deeds under PDP Law Hilman Mufidi, Hilman Mufidi; Hera Marlaena Handaruwati, Hera Marlaena Handaruwati; Iis Kurniawati, Iis Kurniawati; Tetti Samosir, Tetti Samosir; Agus Surono, Agus Surono
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.v19i3.4742

Abstract

The globalization of economic activity has significantly increased the interaction of Indonesian Notaries with foreign clients, both individuals (Foreign Citizens) and corporations (Foreign Companies), especially in facilitating Foreign Investment (PMA). This practice inherently involves the cross-border processing and transfer of personal data. The enactment of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) transforms the legal status of Notaries, from being merely Public Officials regulated by the Notary Office Law (UUJN), to becoming Personal Data Controllers. This research uses a juridical-normative method to analyze the implications of this new status, focusing on compliance with the cross-border data transfer mechanisms regulated in Article 56 of the PDP Law. The main findings indicate a critical legal vacuum. The PDP Law mandates a hierarchical data transfer mechanism (Equivalence Decision, Adequate Protection such as Standard Contractual Clauses/SCCs, and Explicit Consent). However, as of 2025, the implementing regulations (RPP) that authorize SCCs and establish the list of equivalent countries have not been issued. This creates a paradox of normative compliance: Notaries who attempt to comply with the due diligence principle of the UUJN by verifying client data with the country of origin are technically unable to comply with the data transfer standards of the UU PDP. Notaries are forced to rely on the mechanism of explicit consent as the sole legal basis, which in practice is weak and inadequate to protect Notaries from the risk of administrative and criminal sanctions under the PDP Law in the event of data protection failure in the destination country. This article recommends the urgency of the government's approval of the RPP, the interim adoption of international SCCs, and the issuance of proactive compliance guidelines by the Indonesian Notary Association (INI).

Page 26 of 26 | Total Record : 259

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