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De Recht (Journal of Police and Law Enforcement)
Published by Universitas Bhayangkara Surabaya
ISSN : -     EISSN : 30260434     DOI : -
Core Subject :
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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Articles 5 Documents
 1 
Search results for , issue "vol. 4 issue 2 (2026)" : 5 Documents clear
Equality Before the Law in the Investigation of Child Sexual Violence Committed by Community Figures: A Study at Tuban Police Anita
DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v4i2.438

Abstract

Child sexual abuse is an inhumane crime. This crime causes prolonged fear and psychological suffering to the victim. The perpetrators can be the people closest to the victim, the school environment, even in the place of the environment of people we respect. The application of the principle of equality before law in the early stages of the legal process is very necessary to be applied because in essence all people deserve the same rights under the umbrella of the law, including children. In investigating and uncovering criminal acts of sexual violence against children committed by community leaders, different characteristics were found. The purpose of this research is to know and understand the problems of investigation in revealing cases of sexual violence against children committed by community leaders and how the application of the principle of equality before the law to the investigation where the perpetrators are community leaders. This research uses empirical legal research methods, namely by obtaining and collecting data in the field (filed research) by conducting interviews. This empirical legal research uses a qualitative type, namely by explaining the reality obtained from cases in the field while trying to reveal things that actually happen. Here the socio-legal problem approach becomes important because it is able to provide a more holistic view of legal phenomena in society. Based on the analysis of the data and facts, it is concluded that the problematic investigation in the crime of sexual violence against children by community leaders in the jurisdiction of Tuban police station is the lack of witnesses, the lack of information that can be extracted from the surrounding community and the lack of investigator personnel, especially women police, especially for handling women and children.
Judicial Reasoning and Sentencing Proportionality in the Teddy Minahasa Narcotics Trafficking Case Astrid Nurindah Sari; Jonaedi Efendi; Imam Suroso
DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v4i2.439

Abstract

This article examines judicial reasoning and sentencing proportionality in West Jakarta District Court Decision No. 96/Pid.Sus/2023/PN Jkt.Brt concerning Teddy Minahasa Putra, a senior police officer convicted of participating in narcotics trafficking. The defendant was sentenced to life imprisonment, and the sentence was subsequently upheld at the appellate and cassation levels. This study employs normative legal research using statutory, case, and conceptual approaches. Primary legal materials include the Indonesian Narcotics Law, the Police Law, the Judicial Power Law, the Criminal Procedure Code, and the relevant court decisions. The court’s reasoning is evaluated by examining the fulfilment of Article 114 paragraph (2) of Law No. 35 of 2009 in conjunction with Article 55 paragraph (1), point 1, of the Criminal Code, as well as principles of retribution, deterrence, prevention, proportionality, and substantive justice. The findings indicate that the conviction was supported by evidence of coordinated participation in the diversion and distribution of methamphetamine controlled by the police. Life imprisonment was legally available and substantively proportionate to the quantity of narcotics, the defendant’s degree of participation, the abuse of command authority, and the resulting damage to public trust. Nevertheless, the judgment should have explained more systematically how each aggravating and mitigating circumstance supported the selection of life imprisonment over other legally available sanctions. This article proposes a more structured framework for assessing judicial reasoning in serious narcotics cases involving law enforcement officers.
Preventive Efforts and Causal Factors of Traffic Violations Committed by Children: A Case Study of Satlantas Polres Ngawi, 2022-2023 Bella Dona Mustika Ayu
DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v4i2.441

Abstract

This study aims to analyze the preventive efforts undertaken by Satlantas Polres Ngawi in addressing traffic violations committed by children, as well as to identify the underlying causal factors of such violations in Ngawi Regency. The study employs a qualitative case study approach, combining in depth interviews, field observation, and document analysis. Primary data were collected through interviews with seven informants, comprising three Satlantas Polres Ngawi personnel, two teachers from partner schools, and two parent representatives, selected using purposive sampling based on their direct involvement in the preventive programs examined. Data collection was conducted between January and August 2023 and analyzed using the interactive model developed by Miles and Huberman. The findings indicate that Satlantas Polres Ngawi implements five preventive programs, namely school based socialization, collaboration with the Department of Education, data driven violation analysis, social media utilization, and public safety campaigns involving students as safety ambassadors, which theoretically reinforce children's legal awareness and their social control bonds to family, school, and law enforcement. Between January and August, senior high school level accident victims reached 1,252 individuals. Meanwhile, among the twenty identified types of traffic violations, the underlying causes cluster into three principal categories: limited legal awareness and risk perception, inconsistent supervision and law enforcement, and economic and infrastructural constraints. The study concludes that reducing child traffic violations in Ngawi Regency requires continued strengthening of existing educational programs, accompanied by more consistent law enforcement and infrastructure improvement at high risk locations.
Comparative Perspectives on Asset Forfeiture as a Mechanism for Recovering State Losses from Corruption Maharani ‘Ainul Qolbi Fadhilah; Sugiharto
DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v4i2.442

Abstract

Corruption is an extraordinary crime that continues to increase alongside development and technological advances, causing significant social and economic harm. Despite various legislative efforts, law enforcement still faces difficulties in tracing and recovering criminal proceeds. This study employs a normative legal method using a statute approach to Law Number 31 of 1999 on the Eradication of Corruption Crimes and its amendment, combined with a comparative approach examining asset forfeiture frameworks in the Netherlands, the United States, and the United Kingdom. It analyzes how the Asset Forfeiture Bill can facilitate the recovery of state losses arising from corruption under Articles 2 and 3 of the Corruption Eradication Law. The findings indicate that following Constitutional Court Decision Number 25/PUU-XIV/2016, which removed the word may from both provisions, state financial loss must be established as an actual and certain loss. This development strengthens the relevance of asset forfeiture as a mechanism that directly targets criminal proceeds without relying solely on a criminal conviction. The comparative analysis shows that the Netherlands is developing its framework through the Asset Recovery Guide, the United States implements the Civil Asset Forfeiture Reform Act through specialized institutions, and the United Kingdom applies the Proceeds of Crime Act 2002, enabling civil recovery without a criminal conviction. Accordingly, the Asset Forfeiture Bill should be enacted promptly by reinforcing its non-conviction-based in rem mechanism, inter-agency coordination, and international cooperation to enhance anti-corruption enforcement and restore public trust in Indonesia's legal system.
Diversion for Children as Perpetrators of Theft (A Study of Case Decision Number 27/Pid.Sus.Anak/2023/PN Jkt.Utr) Tri Nova Aini
DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v4i2.443

Abstract

Children continue to be involved as perpetrators of theft in Indonesia, even though Law Number 11 of 2012 on the Juvenile Justice System obliges the pursuit of diversion as a legal protection mechanism for children. In practice, however, the application of diversion is not always consistent, as illustrated by Case Decision Number 27/Pid.Sus.Anak/2023/PN Jkt.Utr, in which two children were sentenced to imprisonment despite formally satisfying the requirements for diversion. This study aims to analyze the judges' considerations in that decision from the perspective of diversion as a form of legal protection for children. The study employs a normative legal research method, applying a statutory approach and a case approach, with data collected through library research and analyzed descriptively. The findings show that although the requirements for diversion under Article 7 of Law Number 11 of 2012, namely a statutory threat of imprisonment under seven years and the absence of repeat offending, were satisfied, diversion was not pursued through to the trial stage before the District Court. A comparison with Case Decision Number 37/Pid.Sus.Anak/2024/PN Srg indicates that the divergence in outcome stems primarily from the extent to which each panel of judges actively pursued diversion, rather than from any fundamental difference in the underlying facts. This study recommends more consistent application of diversion at every stage of the juvenile justice process to fulfill the protective purpose that the law already sets out to achieve.

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