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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 265 Documents
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The Executability of Capital Punishment under Indonesia’s 2023 Penal Code: A Legality Principle Analysis Mandiana, Sari; Lisanawati, Go
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; Widodo, Akmal Alfarisi; 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; Rahmat, Diding
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 Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Okpoko, Mercy; Inagbor, Micheal; Eregbuonye, Obieshi
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 Idrus, Muammar Alay
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.

Page 27 of 27 | Total Record : 265

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