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Adi Nur Rohman
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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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Reasons For Divorce in The Compilation of Islamic Law: An Overview of Islamic Legal Psychology Muhammad Irfanudin Kurniawan; Adi Nur Rohman
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.782

Abstract

This article aims to reveal the reasons for juridical divorce and further reveal the psychological factors contained in the reasons for divorce in the Islamic Law Compilation. Through a psychological approach (psychological approach) and legislation (statute approach), the authors analyze descriptively and analytically based on materials collected through literature study. The result is that the reasons for divorce as stated in the KHI show the existence of psychological relationships such as mental readiness, the level of maturity and maturity of thought and accuracy in making decisions when having to divorce a partner. That in the reasons for divorce there are psychological factors that directly influence the occurrence of divorce.
Constitutional Values And Judges Morals In The Decision of The Constitutional Court Number 90/PUU-XXI/2023: Review of The Flow of Natural Law Nainggolan, Indra Lorenly; Nina Zainab
KRTHA BHAYANGKARA Vol. 18 No. 1 (2024): KRTHA BHAYANGKARA: APRIL 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i1.783

Abstract

The decision of the Honorary Council of the Constitutional Court stated that the Constitutional Court judges who examined case Number 90/PUU-XXI/2023 were proven to have violated the right to refuse. The right to refuse is part of the independent and impartial principle of the Constitutional Court. There has been a conflict of interest between the norms being tested and the Constitutional Court judges. Conflicts of interest are constitutional and moral violations. What are the juridical consequences of Constitutional Court Decision Number 90/PUU-XXI/2023 which violates the constitution and morals from the perspective of natural law philosophy? This research uses a normative juridical research method with a conceptual approach, a statutory approachs and a case approach. The results of the discussion have found that in the MKMK decision that the judge consciously and deliberately ignored constitutional principles regarding the right to refuse in Law Number 48 of 2009 concerning Judicial Power. Overruling the right to refuse is tantamount to overruling constitutional principles. Judges place constitutional values in practice as semantic values. Apart from that, there was a moral violation which was assessed by the lack of awareness not to review case Number 90/PUU-XXI/2023 due to a conflict of interest. Awareness comes from conscience and is closely related to integrity, independence and impartiality. The integrity of judges as enforcers and guardians of the constitution is at stake. Moral and legal principles in the constitution are two things that go hand in hand in natural law philosophy.
Flexing Harta di Media Sosial: Anak Kunci Pembuka Kotak Pandora Widya Romasindah Aidy; Kardinah Indrianna Meutia; Mic Finanto Ario Bangun; Amalia Syauket
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.784

Abstract

Still at the beginning of 2023, various social media shows the phenomenon of showing off wealth or flexing assets carried out by Pandora, such as wives and even children of public officials. Flexing property is a behavior that shows like to show off as a luxurious lifestyle tends to be arrogant and flexing behavior is one of the triggers for greed. Greedy behavior is the cause of corruption. Flexers unknowingly reveal their personalities when creating content on social media, which has the potential to cause various disasters if they go too far and cause unexpected problems. It's like Pandora's box, once opened, various kinds of disasters that befell Pandora come out and are very difficult to resolve. Even like a boomerang that reveals his shame. This phenomenological research uses a descriptive approach, relying on library data to describe the phenomenon of Pandora's luxurious lifestyle, namely the wives of public officials and their families. The results of this research conclude that Pandora's behavior has exposed her own disgrace, and is not in accordance with the ethics of public officials
Reformasi Polri: Menilik Keberhasilan Program Presisi Polri Edi Saputra Hasibuan
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.785

Abstract

Success is not something that can be said or can be achieved easily, there is a benchmark that makes something successful, so for the National Police of course this can be seen through the level of public satisfaction with their performance, changes in handling models, progress in the law enforcement system, and improvement in the quality of resources, as well as several other factors. The emergence of the Precision program by the Chief of the National Police General Listyo Sigit is an illustration and a real example that this institution continues to transform consistently towards a better direction, of course this is not an easy matter, because every effort will find obstacles in it, the existence of this Precision program also aims to make the performance of the National Police more optimal for the community, for that this research tries to highlight how this Precision program has a real impact on the community and  The National Police themselves, of course, and see the results of a hard work in order to realize a humane civilian police.
Pendekatan Economic Analysis of Law (EAL) dalam Hukum untuk Pembangunan Indonesia Indah Pangestu Amaritasari
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.786

Abstract

Development in Indonesia is currently marked by a variety of economic growth. Indonesia's national development is a development paradigm that is built on the experience of Pancasila, namely the development of the whole Indonesian human being and the development of the Indonesian people as a whole and Article 33 of the 1945 Constitution. Thus, the RPJMN includes the Sustainable Development Goals (SDGs). The focus of development is welfare, which cannot be separated from issues economy. In this framework, policy tools are needed, especially the economic sector that can support welfare and achieve justice. This Economic Analysis of Law (EAL) approach can be used as a means to see the role of law in supporting the achievement of prosperity and justice through an economic perspective for the development. This research is normative-doctrinal by exploring legal products and curating literature (written, visual, and audiovisual) to map out the role of law in development using the EAL approach. The findings from this study indicate that EAL approach can be used as a tool to critise and analyse legislations and situation which are contribute significantly to development, namely: the economic policy and legislation, the restorative justice sector, and corruption.
Tanggung Jawab Nakhoda KM Sabuk Nusantara 62 Atas Kerusakan Terumbu Karang di Pulau Mius Mangara Kabupaten Raja Ampat Fijkar Wailisaholong; Ani Wijayati; Gindo L. Tobing
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.787

Abstract

This research was conducted to know and analyze related to the captain's responsibility for the sinking of KM Belt Nusantara 62 and the settlement of coral reefs/compensation from the perspective of the Minister of Marine Affairs and Fisheries Regulation Number 28 of 2020 concerning Procedures for Dispute Resolution in the Management of Coastal Areas and Small Islands. This study also uses qualitative research methods with a normative approach where researchers conduct case studies (Case Research), data obtained by researchers related to events through shipping court decisions number: HK.212/05/IV/MP.2022 regarding KM ship accidents. Nusantara Belt 62 in the waters west of Yefmi island and the waters of Gag island in Raja Ampat. Based on data exposure and analysis, the results of the study can be concluded as follows, namely: 1) There are 3 forms of accountability of the Nahkoda KM Belt Nusantara for damage to coral reefs and 2) based on the Regulation of the Minister of Marine Affairs and Fisheries Number 28 of 2020 concerning Procedures for Dispute Resolution in the Management of Coastal Areas and Small Islands, compensation for KM Belt Nusantara 62 can be made through litigation (court) and non-litigation (outside the court).
Kedudukan Hukum Tenaga Medis dan Tenaga Kesehatan Perawat Sebagai Pemangku Profesi Kesehatan Dalam Pelayanan Kesehatan Hotma P. Sibuea; Dwi Seno Wijanarko; Ali Johardi Wirogioto; Erwin Syahruddin; Katrina Siagian
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.789

Abstract

Health professions recognized autonomously by law consist of (1) the medical profession, (2) nursing, and (3) midwifery. These three health professions have different legal principles, so both types of professions have professional autonomy. The professional autonomy of health professions has consequences for various aspects of the existence of health profession stakeholders, such as their position, function, tasks, authority, and legal responsibilities. One of the legal aspects of health profession stakeholders is the legal standing of each health profession stakeholder. The law does not regulate the legal standing of health profession stakeholders in healthcare services, resulting in a legal vacuum regarding the legal standing of these health profession stakeholders. Do health profession stakeholders have equal or different legal standing in healthcare services from the perspective of the principle of legal equality? The research method used is the juridical-normative research method, which examines primary, secondary, and tertiary legal materials. The research conclusion is that the legal standing of health profession stakeholders is the same and equal from the perspective of the principle of legal equality. The suggestion presented is that legislators need to amend healthcare laws, medical practice laws, nursing laws, and midwifery laws to regulate and establish the legal standing of health profession stakeholders as the same and equal based on the principle of legal equality.
Konsep Putusan Pemaaf Oleh Hakim (Rechterlijk Pardon) Sebagai Jenis Putusan Baru Dalam KUHAP Alfret; Mardian Putra Frans
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.790

Abstract

Of the various articles that have undergone changes and additions in the new Criminal Code, one of them is interesting, namely Article 54 related to forgiveness by judges. However, whether the concept of forgiveness decision by the judge in the new Criminal Code has a position as a decision in the Criminal Procedure Code or the Criminal Procedure Bill. This research uses a normative juridical research method, which examines the problem by referring to positive law. The results of this study indicate the need for additional types of forgiveness decisions in the Criminal Procedure Bill as a form of criminal law reform because the provisions related to the types of decisions in the Criminal Procedure Code and the Criminal Procedure Bill are currently unable to accommodate forgiving decisions by judges. By examining in more depth the concept of forgiveness by the judge, it will appear that neither the Criminal Procedure Code nor the Criminal Procedure Bill contains the type of forgiveness decision.
Penegakan Hukum Terhadap Tindak Pidana Eksploitasi Seksual Yang Dilakukan Oleh Suami Terhadap Istri ­­­ Iren Manalu; Rahman Amin
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.791

Abstract

Today the crime of trafficking in persons in the form of sexual exploitation is increasingly common with various modes of operation, one of which is making the wife a commercial sex worker by her husband which can be seen in print and online media, where this can also be categorized as a crime of domestic violence. As an example of the case of the criminal act of trafficking in persons in the form of sexual exploitation committed by a husband against his wife as a commercial sex worker as stated in the Decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN. SDA, where in its application law enforcers, especially judges in court, only apply the provisions in the law on the crime of trafficking in persons even though the actions of the accused can be applied to the provisions in other relevant laws. This research is normative legal research by studying the applicable laws and regulations related to court decisions in the cases studied. The results of the study show that law enforcement of sexual exploitation crimes committed by husbands against wives in the decision of the Sidoarjo District Court Number 889/Pid.Sus/2018/PN.SDA applies Article 2 of Law Number 21 of 2007 concerning Eradication of Trafficking Crimes People, but acts of exploitation by perpetrators and victims are bound in a legal marriage, so legally the application of the law can also apply Article 8 letter b of Law Number 23 of 2004 concerning the Elimination of Domestic Violence, so that the perpetrators can be subject to maximum legal sanctions for acts exploits that have been carried out.
Pengawasan Pengelolaan Tanah Wakaf Dalam Kewenangan KUA Kecamatan Nanggung Kabupaten Bogor dalam Pendekatan Konsep Kesejahteraan Sosial Ani Yumarni; Ani Nuraeni; Hidayat Rumatiga
KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i3.794

Abstract

Endowment management has special principles, namely the principles of sustainability and eternity. This principle of eternity can be manifested in the form of optimizing the performance of nazhir (endowment organiser) and the District Office of Religious Affairs (KUA) which functions as manager, supervisor and recorder of the orderly administration of endowment in Indonesia. Due to the wide and large distribution of endowment land throughout Indonesia, the government, in this case the Indonesian Ministry of Religion, appointed the role and function of KUA elements as executors and supervisors of endowment. The style and allocation of waqf in each sub-district is different. This article analyzes the role and authority of the KUA of Nanggung District, Bogor Regency in carrying out its functions. In particular, the allocation of endowment in Nanggung District is still limited to '3M' endowment, namely masjid-musala, madrasa, and burial ground. This research uses a empirical juridical approach which is descriptive analytical and explanatory. This research provides an overview and analysis of endowment organiser and supervision practices by nazhir and by the KUA institution by linking this implementation to applicable laws and regulations. The results of this research show that the role and function of the Nanggung District KUA has been implemented optimally. The role of guidance and supervision runs optimally as seen in the endowment land which is registered and monitored from the aspect of ownership, handover of the endowment to the aspect of the performance of the nazhir as the endowment organiser.

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