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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 259 Documents
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Analisis Pertimbangan Hakim Dalam Penjatuhan Putusan Bebas Terhadap Tindak Pidana Pencabulan Octo Iskandar; Robiah
KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i2.807

Abstract

In the context of law enforcement, the court has a very important role. Judges who are executors of activities in the field of justice must pay attention to values that develop and live in society and must also master written legal norms (das solen). It is hoped that the court's decision can be used as a correction and record whether it has fulfilled a sense of justice or vice versa based on existing legal facts so that it can be seen whether there is harmonization and synchronization between das solen and das sein. For this reason, in terms of imposing criminal sanctions on every perpetrator of a crime, it really requires the active role of a judge and also law enforcement officials to be able to apply the law fairly. One of the legal issues related to the criminal act of obscenity which is interesting to study is the Supreme Court Decision Number 550 K/Pid.sus/2020 in which the Judge passed an acquittal. The results of the legal research, in this decision the child's testimony seemed to be ignored by the judge, the judge only focused on 1 witness and the results of the post mortem stated that there were abrasions caused by a blunt object but the victim's hymen was still intact, according to the judge the results of the post mortem were not sufficient to confirm that there has been an act of obscenity, in this case the judge did not interpret what was meant by obscenity, it does not mean that if the victim's hymen is still intact, it means that there has never been an act of obscenity at all.
Pencegahan Tindak Pidana Kejahatan Jalanan Klitih Melalui Hukum Pidana dan Teori Kontrol Sosial Fuadi Isnawan
KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i2.808

Abstract

The number of street crimes involving teenagers and children by the perpetrators requires effective preventive measures. This research aims to analyze the urgency of using criminal law theory and social control to prevent street crime crimes. Data sources are reviewed and analyzed through literature study, and the research method used is normative forensics. This research identifies relevant data sources such as criminal law theory and social control theory that are relevant to the prevention of street crime klitih committed by teenagers. This research identifies data sources related to criminal law theory and social control theory related to criminal behavior in overcoming street crime. The collected data were analyzed to understand the existing legal basis for street crime prevention and to understand the impact of criminal law and social control theory on the prevention of such crimes. The results of this study show that criminal law plays an important role in preventing street crime. Criminal law provisions relating to street crime, including criminal offenses, sanctions and related legal processes, can act as a deterrent and provide protection to the community. Furthermore, social control theory also plays an important role in the prevention of these crimes by involving social institutions, families, schools, and communities in controlling the behavior of adolescents and children.
Mekanisme Insolvency Test Dalam Mencegah Iktikad Buruk Pemailitan Korporasi Oleh Kreditor Andrian
KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i2.810

Abstract

Insolvency Act 37/2004 (UUKPKPU) provides legal alternatives to creditors and debtors to filing bankruptcy or suspension of payment petition. Neither bankruptcy nor suspension of payment petition, debtor has a chance to propose proposals to creditor. Based on article 225 section (3) UUKPKPU, the court is obliged to grant the request for suspension of payment, in maximum of 20 days from the date of application. In suspension of payment process, if proposal is rejected by creditors, then the debtor is declared insolvent. The consequence that occurs when the debtor is declared insolvent from suspension of payment process is that the debtor has no legal remedies, either cassation or reconsideration request. This legal loophole often used by creditors and business competitors to bankrupt the debtor. Thus, an alternative is needed in the form of an insolvency test as the court's authority to check the financial health and sustainability of corporate businesses to prevent intentional bankruptcy by creditors. Regarding the concept of insolvency test and the possibility of implementing this idea, it is necessary to analyze according to the positive law and applicable bankruptcy principles according to UUKPKPU. The author will use the type of normative juridical research with qualitative analysis methods. The analytical approaches that will be used are conceptual approaches, statutory approaches, and historical approaches.
Kepastian Hukum Terhadap Penggunaan Digital Signature Sebagai Alat Bukti Dalam Perjanjian Umum Panji Ali Candra; Jeane Neltje; Diana Fitriana
KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i2.811

Abstract

The use of electronic documents signed with electronic signatures as evidence is different from evidence regulated in the Civil Code, because the level of originality or authenticity still needs to be proven first, or in other words has objections to electronic evidence that has legal force, this study aims to know the validity of electronic signatures in proving Indonesian civil procedural law, as well as to determine efforts to resolve civil disputes on electronic documents signed with electronic signatures. This writing uses normative legal research, utilizing existing legal literature and its relation to the problem to be studied. The conclusion of this study is that electronic signatures are valid when using electronics in accordance with applicable laws and regulations, namely the Law on Electronic Information and Transactions Article 16 Paragraph (1), expert testimony is also one of the elements considered important for the examination process because it provides an explanation regarding the authenticity or authenticity of evidence which is an electronic signature submitted.
Perlindungan Hukum Bagi Pelaku Usaha Terhadap Tindakan Pembatalan Pembayaran Oleh Konsumen E-Commerce Dalam Sistem Cash on Delivery (COD) Menurut Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Muharram Wibisana; Jeane Neltje; Diana Fitriana
KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i2.812

Abstract

Marketplaces in Indonesia have offered a new payment system, namely Cash on Delivery (COD) to make it easier for consumers to make payments without having to have a bank account or go to an ATM to make transfers. COD is an electronic transaction system that is given in cash via courier as a third party when delivering goods to consumers. However, often COD provides a loss for the seller where there are buyers who are not responsible for making payments because buyers cannot be contacted and are not honest in providing information. The lack of legal regulation regarding the protection of business actors causes losses for business actors in running their business, especially in the COD payment system. By using normative juridical research methods, this study will discuss the payment system for e-commerce transactions between consumers and business actors as well as protection for business actors if consumers cancel e-commerce transactions in the cash on delivery payment system. The purpose of this study is to explain the payment system between consumers and business actors in e-commerce transactions and to analyze the protection for business actors in the event of cancellation of e-commerce consumer transactions in the cash on delivery system. The problem that the author will raise in this research is what factors cause business actors to be disadvantaged in the practice of cash on delivery (COD) payments, as well as legal protection for business actors who are harmed by consumers in the cash on delivery (COD) payment system in the e-commerce. Regarding the rights and obligations of consumers, it is regulated in Law Number 8 of 1999, which requires consumers to have good faith in transactions to buy goods and services, and consumers are also required to exchange according to the agreed wage exchange rate. The low understanding of consumers regarding COD payment methods in the marketplace causes losses for business actors. E-commerce need to be responsible for ix providing education about the online buying and selling process, including the COD payment system to the public.
Penguatan Komisi Kepolisian Nasional Dalam Pengawasan Penyidikan Tindak Pidana Oleh Polri Rahman Amin; Muhammad Fikri Al Aziz
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.815

Abstract

Changes since the separation of the Indonesian National Police from the ABRI include institutional, substantive and cultural aspects, marked by the passage of the law on the Indonesian National Police as the legal basis for the Indonesia National Police to become an independent and professional institution. However, the reform of the Indonesia National Police from the cultural aspect has not been carried out as expected, especially in law enforcement, cases are still handled unprofessionally and contrary to legal provisions so that external supervision, one of which is by national police commission, is important. This research is normative juridical, with a statutory approach, where secondary data is obtained through library research, and is supported by primary data from the field. This study aims to determine the current condition of national police commission, and how national police commission will be strengthened in the future in the supervision of criminal investigations by the Indonesia National Police. The results of the research, that there are still many weaknesses in national police commission, namely the position of national police commission which was formed as an advisory institution placed under the President, the formation of national police commission is only based on a Presidential Regulation with limited duties and authorities, the legal culture of Indonesia National Police members who do not fully understand the duties and functions of national police commission, human resources are still lacking, infrastructure is inadequate, and budget allocations cannot meet national police commission’s workload.Strengthening national police commission in the future through institutional changes to national police commission as an independent external monitoring institution for Indonesia National Police, strengthening the legal basis for establishing national police commission with laws, building a legal culture for Indonesia National Police members by increasing understanding of the duties and functions of national police commission, increasing the number of national police commission employees with appropriate competencies needs, provide infrastructure in the form of office buildings and adequate facilities, and increase the amount of the budget in accordance with the workload faced by national police commission.
Fintech dan Bitcoin Modus Pencuci Uang Hasil Korupsi Amalia Syauket; Jantarda Mauli Hutagalung; Muhammad Andi Prastio
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.816

Abstract

The emergence of Fintech (financial technology) has shaken up the world of financial services. Thanks to technology, it has not only improved the quality of financial services but also their reach. However, Fintech is also vulnerable to abuse, such as money laundering crimes. This proves that the mode has morphed into an increasingly sophisticated direction as technology and information advances. Money laundering is an act of concealing or disguising the source of funds, so that funds that previously came from criminal acts, for example the proceeds of corruption, appear to come from legal economic activities. This qualitative research uses the latest secondary data relevant to the theme, aims to describe the phenomenon of the rise of money laundering resulting from corruption using the fintech & bitcoin mode. The results show that it is appropriate to use Fintech & Bitcoin as a means of laundering money resulting from corruption, either as a mode or from the money laundering stage, it is in accordance with the nature of Fintech & Bitcoin which is private or respects the confidentiality of the parties, which can result in criminals being able to hide or disguise the origin, sources of illegal funds in Fintech & Bitcoin. A series of new modus operandi that emphasize security, speed, and privacy from the advantages of Fintech & Bitcoin are chosen by perpetrators to disguise their tracks in cyberspace.
Pemidanaan dan Strategi Kepolisian dalam Mencegah Penyebaran Narkotika Hellyn Kristiono; Nynda Fatmawati
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.817

Abstract

This study aims to determine criminal sanctions against perpetrators of narcotics crimes, strategies that can be carried out by the police to reduce drug trafficking and obstacles to law enforcement officers in eradicating narcotics cases. The data analysis method used in this study is analytical descriptive with a normative juridical approach. The results of the study stated that criminal sanctions are regulated in Law No. 35 of 2009 concerning Narcotics, regarding criminal provisions regulated in Articles 111 to Article 147, while the strategy carried out by the police in eradicating the spread of narcotics is through pre-emptive, preventive and repressive efforts. Pre-emptive efforts are carried out by coaching the community through outreach about the effects of narcotics, preventive efforts are carried out by increasing supervision of narcotics trafficking and repressive efforts are also carried out as prosecution of drug crime acts. Obstacles to law enforcement officers in disclosing narcotics cases are divided into two, namely internal obstacles and external obstacles.
Analisis Penggunaan Senjata Api di Tubuh Polri: Peraturan, Penyimpangan, dan Perubahan Edi Saputra Hasibuan
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.818

Abstract

In carrying out the demands of a profession that has many challenges, the National Police will certainly always intersect with the situation on the ground that makes them required to be ready and swift, especially regarding the handling and prevention of criminal acts, these conditions make every police member must be equipped with expertise and abilities in the process of their activities, in this case talking about the authority to own and use firearms,  In general, members who serve in the field can use their weapons to warn against criminals, and under certain conditions, members can use their weapons to incapacitate the perpetrators, even to crack down on the spot (execution) of the perpetrators if they are life-threatening and ignore the warnings given. But this is a problem because there are people who use their authority for their own benefit and violate the law. This paper discusses how firearms actually use in the field, gun abuse cases, and what are the benchmarks for the use of firearms based on what has been regulated by relevant laws and rules.
Legal Review of Dangerous Skincare Users in the Perspective of Islamic Law and Consumer Protection Law Rahmadi Indra Tektona; Ayu Citra Santyaningtyas; Emi Zulaikha
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.819

Abstract

Skin beauty is a primary need for women, and it caused the cosmetic market to increase significantly for domestic and foreign brands throughout the year. There has been abuse by irresponsible entrepreneurs by selling and producing skin care products that do not meet Indonesian Food and Drug Authority (BPOM) requirements. The focus of this review is to find out how the legal review of dangerous skincare users in the perspective of Islamic law and consumer protection act (Law of the Republic of Indonesia Number 8 Year 1999 concerning Consumer Protection). The research method used in this study is normative juridical research with statutory and conceptual approach. The results of the study show that Islam provides more protection for women and there are internal and external legal protections in Indonesia for skincare users.

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