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[Penerapan Diversi Proses Penyidikan Anak yang Melanggar Hukum di Wilayah Pengadilan Negeri Surabaya ]]>
<![CDATA[Rizky Permana Putra]]>;
<![CDATA[Prasetijo Rijadi]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i3.348
<![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.]]>
<![CDATA[RESTORATIVE JUSTICE DALAM PERKARA PIDANA PENGANIAYAAN DI KEPOLISIAN RESOR KOTA SIDOARJO ]]>
<![CDATA[E. Akbar Alibasah]]>;
<![CDATA[Dossy Iskandar Prasetyo]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i3.349
<![CDATA[This research examine the application of the restorative justice approach in cases of assault within the jurisdiction of the Sidoarjo City Police. Assault not only causes physical harm but also significant psychological trauma for victims. However, the Indonesian criminal justice system tends to focus on punishing perpetrators and does not sufficiently prioritize victim recovery and social reconciliation. This study aims to analyze the role of the police in promoting the application of restorative justice and its impact on the restoration of the rights of assault victims. The research method used is an empirical legal approach with qualitative methods through literature review and interviews with Sidoarjo City Police investigators, victims, and offenders. The results of the study indicate that the Sidoarjo City Police implement restorative justice in cases of minor assault through a mediation process facilitated by investigators to reach a peaceful settlement. This approach has a positive impact on the psychological recovery of victims because victims are given a space to be heard and to be actively involved in the case resolution process. This study concludes that restorative justice is an important innovation in criminal justice system reform that requires support from stronger regulations as well as capacity building for law enforcement officials.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP AFFILIATOR TINDAK PIDANA PERJUDIAN ONLINE BERDASARKAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK ]]>
<![CDATA[Novannisa Kharisma Kiki Herlinda]]>;
<![CDATA[Dossy Iskandar Prasetyo]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i3.351
<![CDATA[This study aims to analyze law enforcement against affiliators involved in online gambling criminal acts under the Electronic Information and Transaction Law (ITE Law). Affiliators function as intermediaries between online gambling platforms and the public by exploiting social media to promote gambling activities on a large scale. This study also examines the obstacles encountered in the law enforcement process, including limited resources among law enforcement agencies, challenges posed by digital technology, and low levels of digital literacy within society, all of which contribute to high rates of public participation in online gambling. The method employed in this study is a normative juridical approach, involving the review of legislation, official documents, and relevant literature. Case analysis is also utilized to provide a concrete illustration of how the law is applied to online gambling affiliators. Based on the findings, Article 27 Paragraph 2 of the ITE Law serves as the primary legal basis for prosecuting affiliators who disseminate or facilitate access to gambling-related content. Nevertheless, obstacles such as limited digital forensic capabilities and difficulties in pursuing perpetrators across national borders remain the primary challenges in law enforcement. This study recommends strengthening the capacity of law enforcement agencies, particularly in the areas of digital technology and forensic investigation, as well as the need for cross-border cooperation to address international jurisdictional challenges. Through these measures, it is hoped that law enforcement against online gambling affiliators will become more effective and provide greater protection for the public from the adverse effects of online gambling.]]>
<![CDATA[Pengeroyokan oleh Pelaku Balap Liar terhadap Anggota Kepolisian di Wilayah Hukum Polres Sidoarjo ]]>
<![CDATA[Arradhin Daffa Alghifari]]>;
<![CDATA[Sholehuddin Sholehuddin]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i3.352
<![CDATA[Illegal racing represents a form of juvenile delinquency that generates public concern and endangers road users’ safety. Despite regulation under Law Number 22 of 2009 concerning Road Traffic and Transportation, illegal racing practices remain prevalent in Sidoarjo City. Street racing activities not only violate traffic regulations but frequently escalate into various other serious criminal acts. This study employed a juridical-empirical research method, prioritizing primary data as the main source and secondary data as supporting material. The research aimed to analyze criminal law violations occurring within illegal racing phenomena and to examine law enforcement practices against perpetrators who commit mob violence against police officers at the Sidoarjo Regional Police. Findings reveal that criminal law violations in illegal racing phenomena encompass eight categories: traffic and public order violations, mob violence, gambling, negligence causing injury or death, assault, narcotics and alcohol use, property destruction, and incitement. Law enforcement against mob violence perpetrators proceeds through a systematic mechanism comprising police report registration, issuance of assignment orders, investigation processes pursuant to Articles 170 and 358 of the Indonesian Criminal Code, and case referral to the Sidoarjo District Attorney. In practice, investigators face several obstacles including difficulty in identifying individual perpetrators, lack of willing witnesses, and limited electronic evidence; nevertheless, law enforcement is carried out consistently with the objectives of upholding the law and providing a deterrent effect.]]>
<![CDATA[Irregularities in Indonesian Government Policy on Authorizing Religious Mass Organizations in Mining Concessions ]]>
<![CDATA[Cicik Sulfa Dewi]]>;
<![CDATA[Bagus Teguh Santoso]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v3i3.406
<![CDATA[This study examines the involvement of religious-based community organizations (Ormas Keagamaan) in the management of mineral and coal resources, based on Government Regulation No. 25 of 2024, which grants priority access to Special Mining Business Permit Areas (WIUPK) for business entities owned by such organizations. The research aims to analyze the legal limitations governing this policy and identify potential discriminatory aspects in its implementation. This normative legal research applies a juridical approach, focusing on the analysis of mining regulations, principles of good governance, and justice in natural resource management. The findings indicate that the policy was formulated hastily and without a transparent or participatory process. The existing regulatory framework does not clearly define selection mechanisms, eligibility indicators, or accountability procedures for religious organizations granted such privileges. Although these organizations are required to establish legal business entities, the exclusive prioritization raises concerns of discrimination against non-religious organizations and other qualified actors. Moreover, the limited technical capacity and professionalism of religious organizations further exacerbate the risks of weak governance and oversight in this strategic sector. Therefore, the policy should be reconsidered and strengthened through stricter, more inclusive, and accountable regulation to align with the principles of social justice, legal equality, and sustainable resource management.]]>
