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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 292 Documents
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Systemic Outcome Accountability for PT KAI’s Third-Party Level-Crossing Liability Under The 2025 SOE Reform Rofiq Maysal; Diana Fitriana
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5407

Abstract

Recurring level-crossing accidents expose an imbalance between railway risks and legal protection for third parties. This study examines PT Kereta Api Indonesia’s civil liability after the 2025 State-Owned Enterprise reform and develops a model based on Systemic Outcome Accountability Theory. Using normative legal research with statutory, conceptual, case-illustrative, and limited functional-comparative approaches, the study finds that Article 159(1) of Law Number 23 of 2007 retains a fault-based standard that disadvantages victims because crucial operational and technical evidence remains controlled by operators and public authorities. Regulatory fragmentation also distributes safety duties without an integrated compensation and recourse mechanism. The 2025 reform reinforces PT KAI’s separate corporate responsibility while preserving its public-service obligations. This study proposes a three-layer framework consisting of limited strict liability toward victims, proportional recourse among contributing actors, and corporate risk governance supported by evidence disclosure, mandatory third-party insurance, and a dedicated railway accident compensation fund for third parties.
The Rising Divorce Rate in Indonesia: A Socio-Legal Analysis of Islamic Family Law And Judicial Practices in The Religious Courts Ahmad Baihaki; Otih Handayani
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5457

Abstract

Indonesia has witnessed a persistent and alarming rise in divorce rates over the past decade, presenting a complex socio-legal challenge that intersects Islamic family law, state legislation, and judicial practice in the Religious Courts (Pengadilan Agama). This article undertakes a comprehensive socio-legal analysis of the factors driving this phenomenon, examining the normative legal framework governing marriage and divorce in Indonesia, the institutional role and limitations of the Religious Courts, the ineffectiveness of court-mandated mediation, gender dynamics in divorce petitions, and the broader socio-economic and cultural determinants of marital dissolution. Drawing on empirical data, judicial decisions, and a synthesis of recent scholarship, this article argues that the rising divorce rate in Indonesia is a multidimensional phenomenon that cannot be adequately explained by reference to any single cause. Rather, it reflects structural deficiencies in the legal system, socio-economic pressures, evolving gender consciousness, inadequate pre-marital preparation, and the persistent gap between the normative aspirations of Islamic family law and the realities of judicial practice. The article concludes with recommendations for legal reform and institutional strengthening aimed at reducing divorce rates while ensuring justice for all parties, particularly women and children.
Comparison of The Katarungang Pambarangay System in The Philippines With The Concept of Restorative Justice in Indonesia in Community-Based Dispute Resolution Lusia Sulastri; Bambang Karsono; Carmelita B. Chavez; Mechelle C. Gempesao
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5481

Abstract

This study aims to analyze the comparison of dispute resolution mechanisms in the Katarungang Pambarangay system in the Philippines with the concept of restorative justice in Indonesia, as well as assess the effectiveness of both in resolving community disputes. This study uses normative legal methods with statutory approaches, conceptual approaches, and comparative approaches. The results of the study show that the Katarungang Pambarangay system regulated in Republic Act No. 7160 (Local Government Code of 1991) is a community-based mechanism that is mandatory and structured through the stages of mediation, conciliation, and arbitration by the Tagapamayapa Board. Meanwhile, restorative justice in Indonesia is an integrated approach in the formal criminal justice system based on Law Number 20 of 2025 concerning the Criminal Code, which is implemented through the authority to terminate investigations and prosecutions. In terms of effectiveness, both systems show positive results in dispute resolution. Katarungang Pambarangay has proven to be effective in increasing community participation and reducing the burden on the courts, while restorative justice in Indonesia has shown a significant increase in the number of case settlements, victim satisfaction, and the potential to suppress recidivism. The main difference lies in the nature of obligations and implementing actors, where the Philippines emphasizes the role of the community, while Indonesia relies on law enforcement officials. The study concludes that both systems have their advantages and that the integration between community-based approaches and state institutional support can be an ideal model for more effective and equitable dispute resolution.
Digital Evidence in Criminal Procedure: A Comparative Legal Analysis Between Indonesia and The Philippines in Cybercrime Cases Juhaimen Sumala; Donasto Samosir; Adhalia Septia Saputri
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5484

Abstract

The acceleration of digital technology development has fundamentally altered the patterns and characteristics of criminal conduct, particularly with the rise of cybercrime that relies predominantly on electronic data as evidence. This shift creates significant challenges within criminal procedural law, especially concerning the admissibility, verification, and credibility of digital evidence in judicial proceedings. This study aims to examine and compare the legal frameworks regulating digital evidence in Indonesia and the Philippines, with an emphasis on procedural aspects in criminal justice systems. The research adopts a normative juridical method utilizing statutory, conceptual, and comparative approaches. The findings reveal that Indonesia’s legal structure, primarily regulated by the ITE Law and the Criminal Procedure Code (KUHAP), remains fragmented and lacks detailed procedural guidelines for handling digital evidence. Conversely, the Philippines demonstrates a more coherent and systematic framework through the Cybercrime Prevention Act of 2012 and the Rules on Electronic Evidence, particularly in ensuring forensic validation and maintaining chain of custody. The originality of this research lies in its comparative focus on procedural differences and its proposal for an integrated legal framework model for Indonesia. The study underscores the urgency of legal reform to enhance evidentiary standards and ensure consistency between substantive and procedural law. Ultimately, strengthening the regulatory framework is essential to guarantee legal certainty and improve the effectiveness of cybercrime law enforcement.
Judicial Politics and The Reconstruction of Indonesia’s Regional Head Election Design Ida Budhiati; Unu Putra Herlambang
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5500

Abstract

This article examines judicial politics in reconstructing Indonesia’s simultaneous regional head election design. The issue arises from the unstable constitutional position of regional head elections, which have moved between the regional government regime and the broader electoral regime. Using normative legal research with statutory, case, and conceptual approaches, this article analyses the 1945 Constitution, election and regional election laws, and Constitutional Court decisions, particularly Decisions No. 072-073/PUU-II/2004, 97/PUU-XI/2013, 55/PUU-XVII/2019, 85/PUU-XX/2022, and 135/PUU-XXII/2024. The article finds that the Constitutional Court has not merely acted as a negative legislator, but has also shaped constitutional parameters for electoral design through its jurisprudence. Decision No. 135/PUU-XXII/2024 represents a decisive shift by separating national elections from regional elections and positioning regional head elections within the architecture of regional elections. This reconstruction requires harmonisation between election and regional election laws, institutional strengthening of electoral bodies, and a tiered electoral justice system. The article contributes to constitutional election law by framing regional head election reform as a matter of judicially shaped democratic design.
The Ultimum Remedium Doctrine and The Absolute Obligation to Treat: Constructing A Normative Line of Demarcation in Emergency Department Services Abu Sufyan; Shinta Ayu Purnamawati; Surya Anoraga; Tongat
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5566

Abstract

This study examines the normative tension between the absolute prohibition on refusing emergency patients under the Health Law and the subsidiarity principle of the National Criminal Code, which treats criminal punishment as a measure of last resort (ultimum remedium). The tension arises because the Health Law admits no explicit exception for resource constraints, whereas the Criminal Code requires criminal instruments to be activated only after non-criminal avenues fail, leaving Emergency Department (ED) staff exposed to legal uncertainty amid overload, limited specialists, and equipment shortages. Unlike prior studies examining patient refusal or medical negligence separately, this study’s novelty lies in integrating the ultimum remedium doctrine with the absolute obligation to treat, to construct a normative line of demarcation between criminally actionable refusal and medically justifiable delay. The study uses an empirical juridical method combining statutory, conceptual, historical, and socio-legal approaches; primary data were obtained through in-depth interviews, observation, and documentation involving six informants at a Type B hospital in Banyuwangi, analyzed using an interactive model. Findings show that delays attributable to triage, overload, facility limitations, and documented referral procedures do not constitute criminally actionable refusal; criminal prosecution is warranted only where there is demonstrable intent, gross negligence, or disregard for patient safety without valid medical grounds. Accordingly, this study formulates a normative line of demarcation based on six assessment parameters: the presence of initial emergency care, the mens rea element, the medical and procedural basis, completeness of documentation, a proportionate legal response, and the relevant normative foundation.
Enhancing Indonesia’s Law Enforcement: Integrating Financial Investigations to Combat Human Trafficking Networks Herbin Marulak Siahaan; Nimerodi Gulo
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5611

Abstract

This study examines Indonesia’s efforts to combat human trafficking by integrating financial investigations into the enforcement approach. Although Indonesia has established a legal framework aligned with international standards, enforcement remains weak due to institutional fragmentation, limited investigative capacity, and a prosecutorial focus confined primarily to low-level offenders. Unlike prior studies that examine Indonesia’s anti-trafficking law or its anti-money laundering regime separately, this study is among the first to empirically test their intersection through Indonesian judicial decisions, applying the Financial Approach Theory and the Conjunction of Criminal Opportunity Theory as an integrated analytical lens. This dual approach reveals not only that enforcement gaps exist but also precisely where in the prosecutorial chain the follow-the-money mandate breaks down. Using qualitative doctrinal and socio-legal analyses of statutes, case law, and institutional practice, the study finds that financial investigation and asset confiscation are routinely overlooked, allowing traffickers to retain profits and sustain their operations. It argues that closing this gap requires mandatory financial investigation, stronger inter-agency coordination, victim-sensitive approaches, and deeper international cooperation, each of which is essential for dismantling trafficking networks and meeting Indonesia’s international obligations.
De Facto Asset Recovery Regime: Assessing Fragmented Law Enforcement in Asset Recovery of The Mega Corruption Case in The Tin Trade System Rr Dijan Widijowati
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5657

Abstract

Through the mega-corruption case of the tin trade, the state demonstrated the existence of a de facto asset recovery regime. Although the legal instruments used were fragmented—a partial combination of the Criminal Procedure Code (KUHAP), the Corruption Law (Tipikor), and the Money Laundering Law (TPPU)—their execution in the field proved capable of recovering assets amounting to nearly Rp1 trillion through the auction of confiscated goods from one of the main actors, Harvey Moeis. This study analyzes this phenomenon using the triangle with an axis theory, reconstructed through the institutional synergy of the Financial Transaction Reports and Analysis Center (PPATK), the Corruption Eradication Commission (KPK), the Prosecutor's Office, and the Police. This theory is used to examine how fragmented law enforcement collaboration without a single law can still produce massive asset recovery output. Using normative legal research methods and a sociological legal approach, this article assesses the extent to which this "patchwork" law enforcement can effectively recover state losses while severing the financial lifeblood of structured corruption networks. The research findings show that while de facto effective at the downstream actor asset execution level through the power of financial intelligence data integration, this fragmented regime still has fundamental limitations in reaching and crippling intellectual dandies at the upstream level without a unified, independent asset forfeiture regulation.
Comparative Legal Study Between Indonesia and The Philippines in Responding to Youth Involvement in Cyber-Enabled Crime from the Perspective of Space Transition Theory Zen Dominic Gio C. Nabe; Nafisa Az-zahra; Ghania Fayyaza Olivia; Indah Amaritasari
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5679

Abstract

Children and adolescents now live substantial parts of their lives in cyberspace, where the benefits of the digital environment are accompanied by rising exposure to cyber-enabled harms — principally cyberbullying and cyber violence, including its sexual forms. This article offers a comparative socio-legal analysis of how Indonesia and the Philippines regulate these harms for youth, employing a normative juridical perspective supported by secondary empirical evidence and read against Space Transition Theory, which attributes online offending to anonymity, identity flexibility, weak deterrence, and movement between physical and virtual settings. It argues that the protective deficit is, in the first instance, structural rather than national: the international regime regulates online harm largely by transposing pre-existing offline offences into the digital domain rather than recognizing natively digital harms, so that sexual cyber-harms against minors are comparatively well covered while non-sexual cyber violence survives only as soft-law aspiration or strained analogy, with ASEAN supplying no binding floor. The two jurisdictions inherit this gap differently — Indonesia through dispersed, analogy-dependent instruments lacking an offence-specific definition of cyberbullying, the Philippines through a more integrated but sexual-exploitation-focused framework that treats cyberbullying as a school-administrative matter — while sharing a common implementation deficit and a dual youth victim/offender reality. The article concludes with calibrated recommendations for offence-specific definition, statutory harmonization, coverage of synthetic harms, rehabilitative juvenile justice, and a regional binding instrument.
A Core-Plasma Agreement Model For Palm Oil Plantations With A Profit-Sharing Pattern Based on The Muzaara’ah/Mukhabaroh Agreement And Musaqoh Agreement Nurdin Iraj Nugraha; Achmad Jaka Santos Adiwijaya; Ani Yumarni
KRTHA BHAYANGKARA Vol. 20 No. 2 (2026): KRTHA BHAYANGKARA: AUGUST 2026
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v20i2.5485

Abstract

Until now, palm oil plantations remain the largest contributor to the Indonesian economy, accounting for 75% of exports of plantation products. The area of ​​oil palm plantations has now reached 16.01 million hectares, with 53.57% of it controlled by large private companies. To support the economic growth of Indonesian society as a whole, the government, through the Minister of Agriculture Regulation No. 26 of 2007, has made it mandatory for Palm Oil Plantations to allocate 20% of the total land they manage for the community (Inti-Plasma). Unfortunately, this goal cannot be realized optimally due to unbalanced cooperation. The community must bear the debt for the costs of building the garden along with the interest. This research aims to provide an alternative agreement model other than the existing agreement so that the community or oil palm plantation business actors have a choice of agreement model. The research method used is normative legal research, namely research whose sources come from documents in the form of statutory regulations, court decisions, contracts/agreements, legal theory, and scholars' opinions. The results of this research conclude that the Muzaaroah/Mukhobaroh Agreement and Musaqoh Agreement models are more profitable for the community because they do not use a debt and interest system in their cooperation patterns and provide more certainty and benefits. After all, profit sharing is calculated based on their respective roles and burdens. This research will influence the choice of agreement model used by Plasma farmers in establishing Inti-Plasma partnerships, shifting from a debt-and-interest-based model to one based on profit-and-loss sharing.

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