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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 272 Documents
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The Executability of Capital Punishment under Indonesia’s 2023 Penal Code: A Legality Principle Analysis Sari Mandiana; Go Lisanawati
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.4687

Abstract

The 2023 Indonesian Penal Code (KUHP Nasional) contains overlapping and inconsistent provisions regulating the execution of capital punishment, resulting in legal uncertainty at the level of implementation. This article examines the application of the death penalty under the KUHP Nasional from the perspective of the principle of legality, a fundamental pillar of criminal law requiring clarity and certainty in the formulation of criminal sanctions. Using a normative juridical approach, this conceptual study is based primarily on statutory analysis of the KUHP Nasional. The analysis demonstrates that the introduction of a mandatory probationary period for death sentences creates an internal contradiction within the Code, effectively rendering the execution of capital punishment legally impracticable, particularly following its full entry into force on 2 January 2026 as stipulated in Article 624. This article argues that the principle of legality must be understood not only in its formal dimension but also in its pragmatic dimension, especially at the judicial application stage. The main contribution of this study is its demonstration that the current legal construction of capital punishment in the KUHP Nasional undermines legal certainty and raises fundamental questions regarding the enforceability of the death penalty in Indonesia.
The Protection of Consumers’ Personal Data in Financial Technology–Based Online Lending: A Legal Perspective in Indonesia Joko Sriwidodo; Akmal Alfarisi Widodo; Ramlani Lina Sinaulan
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.5041

Abstract

Technological advancements have accelerated the use of financial technology (fintech), particularly in online lending services, which facilitate public access to credit but simultaneously raise legal challenges related to the protection of consumers’ personal data. Unauthorized collection, use, or dissemination of personal data by online loan providers without the consent of data subjects poses significant risks to consumer rights. This study examines the legal framework governing personal data protection in online lending services in Indonesia and analyzes the sanctions imposed for violations. Using a normative juridical approach, the study reviews relevant statutory regulations, including Law Number 11 of 2008 on Electronic Information and Transactions, as amended, and Financial Services Authority Regulation Number 77/POJK.01/2016 on Information Technology–Based Money Lending Services. The findings indicate that service providers are legally obligated to ensure the confidentiality, integrity, and availability of consumers’ personal data and to obtain consent for its use. Violations of these obligations are subject to administrative sanctions, including warnings, fines, restrictions on business activities, and license revocation.
Public Financial Accountability and Distributive Justice in International Space Exploration: A Normative Legal Analysis from Indonesia Istianingsih; Sujono; Diding Rahmat
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.5144

Abstract

This study examines public financial accountability and distributive justice in international space exploration from a normative legal perspective. Despite the rapid expansion of space activities and the increasing allocation of public funds, international space law remains primarily focused on technical responsibility and liability, while lacking binding norms on fiscal transparency, public financial reporting, and accountability. This normative gap raises concerns regarding the equitable governance of outer space as a global common. Employing normative legal research, this study analyzes key international space law instruments, particularly the Outer Space Treaty (1967) and related conventions, together with Indonesia’s national legal framework under Law No. 21 of 2013 on Space Activities. Statutory, conceptual, and comparative approaches are used to assess the adequacy of existing legal norms. The findings reveal an international fiscal accountability gap that undermines the operationalization of the principle of the province of all mankind and contributes to structural inequality in space exploration. At the national level, Indonesia’s space law framework is largely declarative and insufficiently integrated with public finance regulation. This study concludes that normative reform is required to strengthen fiscal transparency, accountability, and distributive justice in space governance.
Public Health Information and Misinformation through Digital Technology in Uganda: Legal Responsibility of the State Paul Atagamen Aidonojie; Esther Chetachukwu Aidonojie; Mercy Okpoko; Micheal Inagbor; Obieshi Eregbuonye
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.4978

Abstract

In recent years, the advent of social media, mobile communication, and online news platforms has greatly changed the way public health information is produced, spread, and consumed. Besides this, the rise in Internet usage for health-related information has also made the public more susceptible to false or deceptive information, thereby giving rise to numerous problems, such as public health, trust in institutions, and the effectiveness of controlling diseases. The Ugandan government must implement digital solutions to combat public health misinformation because this task safeguards citizens' health rights and their right to receive accurate information, which helps maintain public safety. Consequently, the purpose of the study is to evaluate the state’s legal obligations to the extent that it can prevent, correct, and respond to misinformation on public health issues, as well as to examine the current legislative and regulatory framework governing digital governance and public health in light of this. Using a doctrinal research method based on the PRISMA framework, the study comprehensively studies both primary and secondary legal sources. The outcome indicates that, given the sophisticated nature of digital technology, the existing regulations are mainly reactive, dealing with punishment more often than prevention or correction of the misinformation. The study ends with the suggestion that the mechanism of regulatory enforcement should change from one that is mostly punitive to one that is preventive and corrective in nature. Among other things, it will mean requiring an active public health messaging, having real-time fact-checking systems, and having the official digital channels work together to correct misinformation.
Reconstructing Corporate Environmental Criminal Liability in Indonesia: Harmonizing Substantive Environmental Law and the 2025 Criminal Procedure Code Muammar Alay Idrus
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.5063

Abstract

This study examines the effectiveness of corporate punishment in environmental crime cases in Indonesia amid implementation deficits and procedural fragmentation by analyzing the harmonization between substantive environmental criminal law and corporate criminal procedure. It assesses the application of corporate criminal liability under Law Number 32 of 2009, evaluates sentencing practices, and formulates an integrated model of corporate environmental punishment following the 2025 Criminal Procedure Code. Using normative legal research with a statutory approach and supported by a systematic literature review, the study finds that although corporations are formally recognized as subjects of environmental criminal law, judicial practice is dominated by monetary fines, while additional sanctions and environmental restoration measures are rarely imposed. This indicates an implementation deficit rather than normative inconsistency, weakening deterrence and allowing sanctions to be treated as a business cost. The study argues that Chapter XVIII of the 2025 Criminal Procedure Code provides a clearer procedural framework for prosecution, sentencing, and environmental restoration, enabling structural–procedural harmonization. It proposes an integrated model aligning substantive norms with procedural enforcement and concludes that the core issue lies in procedural fragmentation and weak implementation.
Legal Policies in Protecting Victims of Online Gender-Based Violence: A Victimology Perspective I Putu Edi Rusmana; Made Sinthia Sukmayanti
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.3676

Abstract

This study examines criminal law policies in protecting and recovering victims of Online Gender-Based Violence (OGBV) within the Indonesian criminal justice system from a victimology perspective. Although several legal instruments, such as Law Number 12 of 2022 concerning Sexual Violence Crimes and Law Number 19 of 2016 concerning Electronic Information and Transactions, provide a normative basis for addressing OGBV, their implementation has not yet ensured effective protection and recovery for victims. This research employs normative legal research using statutory, conceptual, and comparative approaches to evaluate existing legal frameworks and assess their effectiveness in preventing secondary victimization. The findings reveal that the Indonesian criminal justice system remains predominantly offender-oriented, resulting in limited access to victim recovery services, weak institutional coordination, and the absence of an effective compensation mechanism. These structural weaknesses contribute to the persistence of secondary victimization experienced by OGBV victims. Based on these findings, this study proposes a victim-centered criminal law policy model that integrates victim recovery mechanisms, compensation schemes, capacity building for law enforcement officers, and stronger collaboration with digital platforms in handling OGBV cases. The study contributes to the development of criminal law policy by offering a victimology-based framework for the protection and recovery of OGBV victims, which may serve as an academic reference for strengthening victim-oriented approaches within Indonesia’s cybercrime and gender-based violence policies.
Social Bonding and Youth Violence Prevention: A Criminological Examination of “Jogja Gelut Day” in Yogyakarta Fuadi Isnawan
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.3790

Abstract

The emergence of street violence (klitih) in Yogyakarta illustrates the failure of traditional social control by parents and schools, causing teenagers to seek validation through deviant activities. The purpose of this study is to analyze the effectiveness of Jogja Gelut day as a non-penal means of preventing such street crime. The research method used is empirical research with a sociological approach to answer the research questions. This study provides an overview of criminological prevention to transform destructive adolescent behavior into prosocial activities that channel their energy. The results of this study show that JGD can reconstruct elements of social control by transforming street violence into a disciplined and structured sport. Through the training center before participating in JGD, coaches can provide facilities for the transition from involvement in filling free time to attachment to this positive figure. This process will foster an element of commitment to achievement and internalization of belief in legal norms. Therefore, the conclusion is that JGD is effective as a form of prevention based on social control in the community. The recommendation that can be given is for other local governments to create similar platforms that are tailored to the characteristics of the region so that many teenagers channel their energy into positive platforms and avoid criminal acts that will clearly harm themselves.
Use for the Benefit of All? The Double-Edged Implications of Commercial Activities under the Outer Space Treaty Putra Hamonangan Ritonga; Davilla Prawidya Azaria
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.4689

Abstract

The 1967 Outer Space Treaty was drafted in the Cold War era, when States were the primary actors in outer space activities. Consequently, Article I’s concept of “use” referred mainly to peaceful and scientific exploration by States. In the New Space Era, however, private actors such as SpaceX and Blue Origin have shifted space activities toward profit-driven commercialization. This development creates normative tension with the Treaty’s principle that outer space shall be used “for the benefit of all countries,” as commercial practices risk deepening inequality, enabling technological monopolies, and increasing environmental threats, particularly space debris. This research employs a normative juridical method through library-based analysis of international legal instruments, national regulations, and academic doctrines, complemented by comparison with other global commons regimes, notably the United Nations Convention on the Law of the Sea. The findings show that the current interpretation of “use” is inadequate for regulating multi-actor commercial activities. Therefore, an ius constituendum is required to redefine and limit “use” through fair benefit-sharing, proportional responsibility, and sustainable protection of the outer space environment, drawing inspiration from institutional models such as the International Seabed Authority.
Business Judgment Rule from the Perspective of Director's Liability: A Comparative Study of Indonesia and the United States Henin Dyah Syafrina
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.4985

Abstract

This research examines the structural weaknesses in the application of the Business Judgment Rule (BJR) within the Indonesian legal framework governing directors’ liability, particularly the absence of clear normative parameters and judicial standards for assessing good faith, due care, and informed decision-making. As a result, law enforcement practices frequently adopt a result-oriented approach that equates corporate losses with legal fault, thereby exposing directors acting in good faith to potential criminal liability. This study aims to analyze the regulatory and doctrinal gaps in the Indonesian BJR framework and to propose a more coherent legal model aligned with international corporate governance standards. The research employs normative doctrinal legal research using statutory, conceptual, and comparative approaches, supported by an analysis of judicial reasoning and case law, particularly from the United States where the BJR has evolved through Delaware jurisprudence and the codification of the Model Business Corporation Act (MBCA) 2016. The findings indicate that although elements of the BJR are implicitly recognized in Article 97 paragraph (5) of the Indonesian Company Law, the absence of explicit doctrinal structure and consistent standards of judicial review has contributed to the overcriminalization of directors’ business decisions involving ordinary commercial risks. Indonesian courts and law enforcement authorities therefore tend to emphasize outcomes rather than the integrity of the decision-making process. This research contributes by proposing a normative reconstruction of the BJR through clearer codification of its elements, integration with fiduciary duty principles, and the development of enforcement guidelines designed to distinguish legitimate business judgment from unlawful conduct, thereby strengthening legal certainty while maintaining balanced corporate accountability.
Professional Waqf 5.0: Penta Helix Strategy and Legal Pluralism in the Digital Era Nurul Hikmah; Syahid Akhmad Faisol; Dicky Eko Prasetio; Kamaluddin Nurdin Marjunid; Mochamad Ikwan
KRTHA BHAYANGKARA Vol. 20 No. 1 (2026): KRTHA BHAYANGKARA: APRIL 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i1.5312

Abstract

Professional waqf is one type of waqf that has the potential to become a means of improving the welfare of society in Indonesia. The development of digitalization essentially presents opportunities to optimize the implementation of professional waqf in Indonesia. This research aims to analyze the penta helix strategy and legal pluralism in optimizing digital-based professional waqf in Indonesia. This research is normative legal research with the aim of conducting reform-oriented research related to the legal policy of professional waqf in Indonesia. Legal materials were collected, including laws and regulations and other research findings, which were then prescriptively analyzed. The research findings confirm that one of the obstacles to implementing professional waqf in Indonesia is the lack of specific regulations regarding professional waqf, which leads to legal uncertainty in its implementation. Through the legal pluralism approach, the regulation of professional waqf will be more optimal and synergistic with Islamic law and state law. Optimizing professional waqf requires a pentahelix approach involving the community, universities, business actors, government, and the media thru a transparent and participatory digitalization process. Digitalization implemented with a penta helix-based approach and accommodating legal pluralism is expected to increase community participation and contribution to the implementation of professional waqf in Indonesia. The academic contribution of this research lies in the use of the penta helix approach and legal pluralism, where professional waqf not only requires a legal framework in the form of regulations but also needs the penta helix approach and legal pluralism to optimize professional waqf in Indonesia.

Page 27 of 28 | Total Record : 272

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