De Recht (Journal of Police and Law Enforcement)
De Recht (Journal of Police and Law Enforcement) focuses on the publication of high-quality scholarly research in the fields of law, policing, and law enforcement. The journal provides a platform for the dissemination of original research, conceptual and theoretical studies, as well as critical reviews that contribute to the advancement of legal knowledge, legal practice, public policy, and the development of law enforcement institutions. Its scope encompasses a wide range of legal disciplines, including philosophy of law, legal theory, sociology of law, constitutional law, administrative law, public and private law, international law, human rights law, environmental law, business law, agrarian law, Islamic law, customary law, criminal law, criminal and civil procedural law, criminology, anti-corruption studies, cybercrime, criminal investigation, and crime prevention. The journal also covers topics related to police management and governance, law enforcement policy and reform, community policing, regional governance, and domestic and international security issues. De Recht welcomes interdisciplinary approaches and accepts contributions from academics, researchers, and legal practitioners that offer innovative perspectives and evidence-based solutions to contemporary legal and law enforcement challenges.
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<![CDATA[Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Korban Meninggal Dunia: Studi di Wilayah Hukum Polrestabes Surabaya ]]>
<![CDATA[Adellra Dwaffa]]>;
<![CDATA[Karim Karim]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i2.376
<![CDATA[This study examines the investigative procedures applied by the Surabaya Metropolitan Police in handling fatal traffic accidents, with particular focus on how investigators determine the applicable legal provision and establish the form of criminal fault in cases involving alcohol-impaired driving. Employing an empirical legal research method that combines a case approach and a statute approach, data were collected through field interviews with investigators and traffic police officers, supplemented by a systematic literature review. Data were analyzed using a qualitative-descriptive technique. The findings demonstrate that the perpetrator's conduct satisfies the criteria for gross negligence, given that the decision to drive after consuming a significant quantity of alcohol constituted a serious and conscious departure from the standard of care required by law. Furthermore, Article 310 paragraph four of Law Number 22 of 2009 on Road Traffic and Transportation is established as the most appropriate legal provision, as it specifically governs negligent driving causing death under conditions of alcohol impairment, taking precedence over the general negligence provisions of the Criminal Code pursuant to the principle of lex specialis derogat legi generali. Consistent and evidence-based application of the Road Traffic and Transportation Law, incorporating aggravating factors such as driving under the influence, is essential for achieving both justice for victims and a deterrent effect on potential perpetrators.]]>
<![CDATA[Criminal Law Enforcement Against E-Commerce Fraud: A Case Study of East Java Regional Police ]]>
<![CDATA[Jessyca Dea elhelmindo Bua Hetady]]>;
<![CDATA[Dr. Jonaedi Efendi S.Hi.,M.H]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i2.391
<![CDATA[This study aims to examine the efforts and challenges faced by the East Java Regional Police in enforcing the law against e-commerce fraud, which has become increasingly prevalent in the digital era. The research employs a qualitative method with a juridical-empirical approach and a descriptive research type, by collecting primary data through direct interviews with the Head of the Cyber Unit at the East Java Regional Police and victims of fraud, as well as secondary data from legislation such as the Indonesian Penal Code (KUHP) and Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law), supplemented by secondary and tertiary legal materials from various relevant literature and sources. The data analysis was conducted using triangulation by combining various data sources to enhance the validity of the findings. The results show that the East Java Police have made systematic efforts to enforce the law on e-commerce fraud, including digital data analysis, cyber forensic involvement, and coordination with financial authorities such as OJK and Bank Indonesia. However, the effectiveness of these efforts is hindered by technological limitations, a lack of skilled human resources, low digital literacy among the public, and suboptimal regulatory support and collaboration with e-commerce platforms. Therefore, strengthening institutional capacity and inter-agency synergy is essential to address the growing challenges of digital crime.]]>
<![CDATA[EFFECTIVENESS OF LAW ENFORCEMENT AGAINST HUMAN TRAFFICKING CRIMES IN THE EAST JAVA REGIONAL POLICE AREA ]]>
<![CDATA[Putu Laraswati Padma Dewi]]>;
<![CDATA[M.A Razak]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i2.379
<![CDATA[Human trafficking (tindak pidana perdagangan orang/TPPO) constitutes a grave transnational crime that systematically violates human dignity through coercion, deception, and exploitation. This study examines the effectiveness of law enforcement against TPPO within the jurisdiction of the East Java Regional Police (Polda Jawa Timur), with reference to Law Number 21 of 2007 on the Eradication of Human Trafficking Crimes. A normative juridical method was employed, drawing on primary legal sources including applicable legislation and judicial decisions, secondary sources comprising academic literature and prior research findings, and tertiary sources for conceptual clarification. Analysis was conducted through a descriptive-analytical approach using deductive reasoning. The findings indicate that enforcement in this jurisdiction has progressed notably in its prosecutorial dimension, as demonstrated by increased case disclosure rates, the operationalization of an integrated multi-agency task force, and consistent suspect referral to judicial proceedings. However, enforcement effectiveness remains structurally incomplete, with victim protection, psychosocial rehabilitation, and reintegration support lagging behind punitive achievements. Principal obstacles include evidentiary challenges arising from victim trauma, insufficient officer specialization, fragmented inter-agency coordination, the absence of a unified national case management system, and a growing asymmetry between perpetrators' digital recruitment capabilities and the investigative capacity of regional units. This study recommends sustained investment in officer training, inter-agency data integration, victim service infrastructure, and international enforcement cooperation as priority measures to advance comprehensive and rights-based TPPO enforcement.]]>
<![CDATA[Law Enforcement Against Online Gambling Advertising on Social Media: An Empirical Study of Polres Sidoarjo ]]>
<![CDATA[Teguh R. D Putra]]>;
<![CDATA[Azizul Hakiki]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i2.380
<![CDATA[The rapid expansion of digital technology has enabled online gambling operators to exploit social media platforms as primary channels for advertising illegal services, posing significant challenges to law enforcement in Indonesia. This study examines how the Sidoarjo District Police (Polres Sidoarjo) identify and respond to criminal acts involving the promotion of online gambling sites through social media, and what law enforcement measures are applied against perpetrators. Employing an empirical legal research design, primary data were gathered through semi-structured interviews with the Head of the Special Crime Sub-Unit (Kasubmit Tipiter) of Polresta Sidoarjo, supplemented by secondary data drawn from statutory instruments and academic literature. The findings indicate that Polres Sidoarjo relies primarily on cyber patrol conducted in coordination with the Cybercrime Polda Jatim to detect and flag gambling-related promotional content across major social media platforms. Enforcement, however, is constrained by a structural bifurcation of authority between the police and the Kementerian Komunikasi dan Informatika (Kominfo), limited digital forensic capacity at the local unit level, and the transnational character of illegal gambling operations. In response to these limitations, the unit has institutionalized weekly community education programs as a demand-side complement to criminal prosecution. These findings confirm and empirically specify prior scholarly conclusions regarding the persistent gap between Indonesia's legal framework on online gambling and its practical enforcement, underscoring the urgency of sustained inter-agency coordination and institutional capacity building at the local policing level.]]>
<![CDATA[Diversion in Juvenile Criminal Investigations: A Study in the Surabaya District Court Jurisdiction ]]>
<![CDATA[Rizky Permana Putra]]>;
<![CDATA[Prasetijo Rijadi]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i2.440
<![CDATA[Protection of children in conflict with the law has been regulated under Law No. 23 of 2002 on Child Protection and Law No. 3 of 1997 on Juvenile Justice. However, its implementation in practice still faces various obstacles, particularly in handling children in conflict with the law. Diversion and restorative justice have emerged as alternative approaches for resolving juvenile cases, with the police serving as the primary investigator through the exercise of discretionary authority. This study aims to analyze the factors underlying the implementation of diversion, the strategic role of investigators in its implementation, as well as the obstacles and impacts that arise during the diversion process. The research employs both normative and sociological juridical approaches to obtain an in-depth understanding of diversion practices. Primary data were obtained through in-depth interviews with police officers, correctional facility officers, NGO activists, and academics in the field of child protection, while secondary data were collected through a literature review of statutory regulations, books, journals, and various related literature. Data were analyzed qualitatively to provide a comprehensive overview of diversion practices within the juvenile criminal justice system in Indonesia. The research findings indicate that diversion can be implemented through the role of investigators, with the positive impact of restoring social relationships between victims and perpetrators. However, the implementation of diversion still faces structural and cultural barriers, including a lack of awareness among investigators and the public, as well as insufficient supporting facilities.]]>
