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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 277 Documents
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Halal Consumer Protection in The Digital Era: Blockchain Certificates as Legal Evidence Islami, Nurul; Putra Rozi, Zulfiqar Bhisma
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.v20i1.5323

Abstract

The rapid development of e-commerce has accelerated the circulation of products claiming halal certification. It has also shifted halal product distribution patterns to the digital realm. This shift raises issues related to verification and protection of consumer rights. Blockchain-based electronic evidence in the context of halal certification has become a fundamental issue for muslim consumer protection in the digital era. There are incomplete regulations governing the status and mechanisms for verifying blockchain evidence. These gaps pose challenges in providing evidence in court and create legal uncertainty for consumers. This study aims to analyze the validity of blockchain-based halal certificates as a legal evidentiary tool in consumer protection disputes. The goal is to strengthen muslim consumer protection in Indonesia. This study is a normative legal study using statutory and conceptual approach. The legal materials were obtained from primary and secondary sources by examining the Halal Product Guarantee Law, the Consumer Protection Law, and regulations related to electronic information. The analysis was conducted through systematic interpretation and literature review. The research results show that blockchain-based halal certificates have potential probative validity due to their transparency and decentralization. This can increase the transparency and authenticity of halal products. However, in practice, there are still no technical guidelines regarding the blockchain-based halal certificate verification mechanism. Therefore, comprehensive special regulations are needed from the government, particularly technical guidelines for blockchain-based halal certification, to ensure consumer protection in the digital era. their transparent and decentralized nature, which can enhance the transparency and authenticity of halal products.
Integrating The Huyula Tradition into Contemporary Waqf Governance: A Study of Local Wisdom and Islamic Legal Reform Kasim, Nur Mohamad; Semiaji, Trubus; Wahyudin Radjak; Hamdan Ladiku
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.v20i1.5327

Abstract

This study examines the integration of the Huyula tradition, a local wisdom of the Gorontalo community, in contemporary waqf governance based on the principles of good governance and Islamic law reform. Huyula, which contains the values of togetherness, mutual cooperation, deliberation, and collective responsibility, has the potential to strengthen productive, transparent, and participatory waqf management, especially in the digital era with the use of technology such as e-waqf and blockchain. Through a pentahelix collaborative model involving government, society, academia, business, and the media, this tradition can become an institutional foundation responsive to modern socio-economic and technological challenges. This research uses mixed methods (Normative and Empirical), uses a qualitative approach and conducts interviews with 8 resource persons related to normative aspects and waqf management practices. The results of the study show that the revitalization of Huyula values can increase waqf literacy, nazhir capacity, and community participation in the planning, supervision, and evaluation of waqf, in line with the sustainable development goals (SDGs). Adaptive policies that accommodate local values in the national legal system and digital governance are recommended so that waqf management becomes more effective, equitable, and sustainable.
Shadow Owners and Personalistic Power: Challenges in Tracing Corrupt Assets in the 2026 KPK Sting Operation Involving the Regent of Pekalongan Syauket, Amalia
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.v20i1.3863

Abstract

Political corruption at the regional level has evolved from conventional bribery schemes to complex manipulation of corporate structures. This study analyzes the phenomenon of the Pekalongan Regent's Catch-and-Arrest Operation (OTT) to reveal how personalistic power facilitates the creation of shadow owners in regional strategic projects. Using a juridical-normative method with a case study and conceptual approach, this study dissects the abuse of formal authority through the practice of trading in influence. The research findings show: (1) Personalistic Power enables control of the procurement ecosystem through informal instructions that are impermeable to administrative traces; (2) Trading in Influence becomes an instrument for entrepreneurs to access projects, where the flow of benefits is channeled through family or staff nominees to break the chain of proof to public officials; (3) Obstacles to asset tracking arise due to the failure of digital systems to detect unusual financial profiles at the nominee layer. This study concludes that current beneficial ownership regulations are still a formality without legal teeth. Therefore, it is recommended that legal reconstruction be carried out through the independent criminalization of influence peddling in accordance with Article 18 of the UNCAC and the acceleration of the ratification of the Non-Conviction Based Asset Forfeiture instrument to tear down the veil of corporate secrecy that conceals illegal wealth.
Obstacles to The Implementation of Chemical Castration for Perpetrators of Sexual Violence Against Children from A Medical Perspective Sepmiko, Jorza; Amrah, Nur Husein; Hakim, Lukman; Saputra, 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.v20i1.4686

Abstract

This study analyzes the implementation of chemical castration as an additional punishment for child sexual abuse offenders in Indonesia (Law No. 17 of 2016) and its alignment with legal principles, utilitarian ethics, and medical ethics. Although intended as a deterrent and a means to prevent recidivism, empirical data indicate that sexual abuse rates have increased, and courts tend to avoid its application due to concerns over disproportionality and reduced rehabilitative potential. A normative-descriptive approach was employed, based on a literature review of laws and regulations, court decisions, academic journals, and related literature. Findings reveal that chemical castration imposes punishments disproportionate to the severity of the offense, fails to significantly reduce recidivism, and creates socio-economic burdens due to long-term side effects. Additionally, its implementation raises ethical conflicts for medical professionals, as the obligation to carry out court orders conflicts with the principles of non-maleficence and professional autonomy. The study concludes that chemical castration as an additional punishment is ineffective and introduces complex legal, social, and ethical challenges. Policy reevaluation, alternative restorative and rehabilitative measures, and harmonization between criminal law and medical ethics are recommended.
Strengthening Whistleblower Protection in Combating Corruption and Money Laundering: A Normative Legal Study Saputri, Adhalia Septia
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.v20i1.5066

Abstract

Law enforcement against corruption and money laundering is often constrained by closed criminal networks, complex financial transactions, and sophisticated asset concealment practices. In this context, whistleblowers serve a strategic function by providing internal information that may support crime detection, evidence gathering, and asset recovery. However, in Indonesia, whistleblowers remain vulnerable due to fragmented legal protection, unclear legal status, retaliation risks, counter-criminalization, and weak coordination among law enforcement institutions. This study aims to analyze the normative framework of whistleblower protection in corruption and money laundering cases, identify legal gaps and practical obstacles, and formulate an integrated model of legal protection. This research employs normative legal research using statutory, conceptual, jurisprudential, and comparative approaches. The analysis focuses on Indonesian regulations concerning witness and victim protection, the institutional role of the Witness and Victim Protection Agency (LPSK), and comparative whistleblower protection models in selected jurisdictions. The findings show that although Indonesia has established a general legal basis for witness and victim protection, the existing framework does not yet provide comprehensive, specific, and operational protection for whistleblowers. Key weaknesses include the absence of integrated reporting mechanisms, limited anti-retaliation guarantees, inadequate safeguards against criminalization, and low public trust in protection institutions. This study proposes regulatory strengthening, enhanced institutional coordination, non-criminalization guarantees, and the development of a secure and integrated reporting system. The study contributes to the development of a more responsive legal policy framework for strengthening whistleblower protection as a strategic instrument in combating corruption and money laundering.
Regulating the Sea from the Shore: The Silent Clash between Indonesia’s Government Regulation No. 26 of 2023 and UNCLOS de Sousa, Freidelino P.R.A.
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.v20i1.5170

Abstract

This article critically repositions the precautionary principle and due diligence obligations as foundational norms in the international law of the sea that should have been operationalized in Government Regulation No. 26 of 2023, enacted as an implementing instrument of Article 56 of Law No. 32 of 2014 on Maritime Affairs. It interrogates the regulation’s underlying that whether the Government Regulation No. 26 of 2023 can be normatively harmonized with UNCLOS to ensure compliance with the precautionary principle and due diligence obligations in regulating coastal and marine spaces? In light of the legal policy of it, which reflects a utilitarian–economic rationality that legitimizes marine sediment exploitation through administrative licensing, this study argues against this such approach, primarily such regulatory logic departs from the normative architecture of UNCLOS 1982, which embeds precaution and environmental stewardship as core constraints on the exercise of sovereign rights over maritime areas. The analysis demonstrates that Government Regulation No. 26 of 2023 represents a substantive normative shift, distancing Indonesia’s coastal governance framework from both its domestic maritime legislation and its international legal commitments. This article advances the argument that a structural realignment of the regulation’s substantive content is imperative to reintegrate precaution and due diligence as binding regulatory standards. Normative harmonization is thus essential to prevent systemic incoherence between national regulatory practice and the international law of the sea.
Letters of Demand in Civil Disputes: Comparative Jurisprudence Between Indonesia and Malaysia Retnaningsih, Sonyendah; Ramadhan, Muhammad Rizqi Alfarizi
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.v20i1.5224

Abstract

A letter of demand (sommatie) is a formal interpellation addressing a party’s non-performance. In Indonesia, a significant juridical paradox exists: while Article 1238 of the Civil Code mandates a formal warrant, Supreme Court Decision No. 117 K/SIP/1956 renders it discretionary, often resulting in premature litigation. Conversely, Malaysian jurisprudence formalizes the Letter of Demand (LOD) as a mandatory pre-action protocol and a material manifestation of bona fides. Utilizing a doctrinal and qualitative methodology, this study evaluates the functional role of these instruments within both jurisdictions. The results indicate that the discretionary nature of the Indonesian sommatie undermines judicial efficiency. To strengthen scholarly contribution, this study proposes a procedural harmonization model advocating for mandatory pre-action protocols in Indonesia. This paradigm shift reinterprets the sommatie as a vital Alternative Dispute Resolution (ADR) instrument rather than a mere procedural trigger, effectively filtering out unnecessary litigation and upholding the principle of swift, simple, and cost-effective justice.

Page 28 of 28 | Total Record : 277

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