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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 35 Documents
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RESTORATIVE JUSTICE DALAM PERKARA PIDANA PENGANIAYAAN DI KEPOLISIAN RESOR KOTA SIDOARJO E. Akbar Alibasah; Dossy Iskandar Prasetyo
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i3.349

Abstract

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.
PENEGAKAN HUKUM TERHADAP AFFILIATOR TINDAK PIDANA PERJUDIAN ONLINE BERDASARKAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK Novannisa Kharisma Kiki Herlinda; Dossy Iskandar Prasetyo
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i3.351

Abstract

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.
Pengeroyokan oleh Pelaku Balap Liar terhadap Anggota Kepolisian di Wilayah Hukum Polres Sidoarjo Arradhin Daffa Alghifari; Sholehuddin Sholehuddin
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 3 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i3.352

Abstract

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.
Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Korban Meninggal Dunia: Studi di Wilayah Hukum Polrestabes Surabaya Adellra Dwaffa; Karim Karim
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i2.376

Abstract

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.
Penegakan Hukum Terhadap Selebgram yang Mempromosikan Situs Judi Online di Indonesia: Analisis Legal Normatif Inera Faren Arganesya; Prasetijo Rijadi
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 1 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i1.384

Abstract

The widespread use of social media platforms by influencers as a medium for promoting online gambling sites has become a serious concern within Indonesia's digital legal landscape. This study aims to analyze the positive legal framework governing the criminal act of online gambling promotion by instagram influencers, examine the forms of criminal liability that may be imposed, and identify the obstacles encountered in law enforcement. This study employs a normative legal method by examining primary legal materials comprising relevant legislation and court decisions, as well as secondary legal materials including legal literature and academic journals. The findings reveal that the act of promoting online gambling is expressly prohibited under Article 303 of the Criminal Code and Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of Law Number 1 of 2024 on Electronic Information and Transactions (UU ITE), carrying penalties of up to 10 years imprisonment and fines of up to  10 billion Rupiah. Criminal liability may be imposed upon influencers where the elements of actus reus and mens rea are established, whether through intentional conduct (dolus) or negligence (culpa). Nevertheless, law enforcement remains constrained by several structural and technical obstacles, including cross-border and anonymous transactions, limited digital forensic capacity, rapidly evolving criminal methods, low legal literacy among influencers, and slow responses from digital platforms. Gustav Radbruch's legal certainty theory, the current enforcement framework against influencers who promote online gambling has yet to meet the standard of legal certainty envisioned by the law, necessitating regulatory synchronization, strengthened inter-agency cooperation, and improved public legal literacy to foster a more orderly and just digital ecosystem.
Penegakan Hukum dalam Tindak Pidana Pencurian Kendaraan Bermotor dalam Perspektif Kriminologi di Wilayah Hukum Polresta Sidoarjo Dimas Putra Ardianto; Bangun Patrianto
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 1 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i1.388

Abstract

Motorcycle theft is one of the most persistent crimes in Indonesia, including within the jurisdiction of the Sidoarjo Regional Police. This study aims to analyze the law enforcement process regarding motor vehicle theft and identify the underlying criminological factors. The study uses an empirical legal approach, collecting data through in-depth interviews with criminal investigators from the Sidoarjo Regional Police and field observations. These are supported by relevant laws and legal literature. The results indicate that law enforcement carries out investigations and inquiries based on Articles 362, 363, and 365 of the Criminal Code (KUHP). The main obstacles are the lack of initial evidence and limited CCTV coverage. From a criminological perspective, internal factors, such as unstable economic conditions and perpetrators' low educational levels, along with external factors, including the influence of social circles, organized networks of receivers, and situational vulnerabilities, serve as the dominant triggers for this crime. The Sidoarjo Regional Police have implemented preventive measures, such as patrols, coordination with neighborhood watch groups, and community outreach, to reduce motorcycle theft.
Criminal Law Enforcement Against E-Commerce Fraud: A Case Study of East Java Regional Police Jessyca Dea elhelmindo Bua Hetady; Dr. Jonaedi Efendi S.Hi.,M.H
DE RECHT (Journal of Police and Law Enforcement) Vol. 3 Issue 2 (2025)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v3i2.391

Abstract

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.
Pertimbangan Hakim Dalam Menjatuhkan Sanksi Pidana Terhadap Pelaku Kekerasan Seksual Yang Berusia Lanjut Muh. Rivando Orfan; Wahyu Tris Haryadi, S.H., M.H.
DE RECHT (Journal of Police and Law Enforcement) Vol. 2 Issue. 3 (2024)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v2i3.392

Abstract

The phenomenon of sexual violence continues to show a significant upward trend, occurring in educational settings, within families, and across society at large. Such acts not only inflict physical and psychological trauma on the victims but also have the potential to hinder their development and contribution as the nation's future generation. One particular issue that has garnered public attention in this context is the involvement of elderly individuals as perpetrators of sexual violence. The advanced age of these offenders often presents distinct challenges for law enforcement officials in the process of upholding justice in Indonesia. This research constitutes an empirical study aimed at examining the judicial considerations employed by judges when imposing criminal sanctions on elderly perpetrators of sexual violence. The main objective of this study is to analyze the law enforcement process and identify the factors that form the basis of legal consideration towards elderly offenders in such criminal acts. The findings of this research indicate that judges' considerations in sentencing elderly perpetrators are influenced by multiple factors, including the physical and psychological condition of the offender, the severity of the crime, the impact on the victim, as well as the fundamental principles and objectives of criminal punishment. Nevertheless, the enforcement of legal measures against sexual violence involving elderly offenders remains a priority to ensure justice for the victims and to create a deterrent effect for the perpetrators, while also taking into account the specific conditions associated with advanced age within the criminal justice framework.
Upaya Penyelesaian Kasus Kecelakaan Lalu Lintas Di Wilayah Hukum Kepolisian Daerah Jawa Timur Khofifah Diva Oktakinanti; Anggrita Esthi
DE RECHT (Journal of Police and Law Enforcement) Vol. 2 Issue. 3 (2024)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v2i3.393

Abstract

Traffic accident cases constitute a complex legal matter, as they encompass two distinct forms of criminal liability, namely intentional wrongdoing and negligence, each carrying different legal consequences. In Indonesian law enforcement practice, the resolution of such cases has not followed a uniform pattern, given that two primary mechanisms are available: formal litigation under Article 310 of the Traffic and Road Transport Law and Article 359 of the Criminal Code, and restorative justice as governed by Police Regulation No. 8 of 2021. This study aims to examine the implementation of both mechanisms and their relevance to the foundational legal values of justice, utility, and legal certainty. The research employs an empirical legal method with a socio-legal approach, conducted through in-depth interviews with investigators from the East Java Regional Police, field observation, and documentary analysis encompassing court decisions and applicable legislation. The findings reveal that over 90 percent of traffic accident cases within the East Java Regional Police jurisdiction in 2023 and 2024 were resolved through restorative justice by means of SP3 issuance, while cases involving fatalities continued to be processed through formal litigation, as reflected in the Jombang District Court Decision No. 152/Pid.Sus/2024. This study concludes that both mechanisms are complementary in nature and must be operationalized in a coordinated manner to achieve law enforcement outcomes that are equitable for all parties concerned.
Pertanggungjawaban Pidana Pelaku Deepfake Porn Berbasis Artificial Intelligence di Indonesia dan Korea Selatan Ajeng Putri Berliana; Murry Darmoko Moersidin
DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 1 (2026)
Publisher : Fakultas Hukum Universitas Bhayangkara Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55499/derecht.v4i1.399

Abstract

The rapid advancement of Artificial Intelligence (AI) brings both benefits and challenges. While AI offers significant ease in various aspects of human life, it also contributes to the emergence of new crimes, such as identity forgery for illegal gain through Deepfake technology. The increasing sophistication of Deepfakes has raised serious concerns, especially with their misuse in the form of Deepfake Pornography. This phenomenon poses a growing threat to social media users and has drawn widespread public and governmental attention. This research employs a normative legal approach, focusing on statutory regulations and relevant legal doctrines. The study compares legal responses to Deepfake Pornography in Indonesia and South Korea. In Indonesia, there is no specific law addressing Deepfake Pornography; thus, existing laws such as Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 44 of 2008 on Pornography, and Law No. 12 of 2022 are applied. Conversely, South Korea addresses this issue through the Criminal Law Act No. 20908 of 2025 and the Sexual Violence Punishment Act No. 20459. The study finds that both countries have made efforts to respond to the threat of Deepfake Pornography, yet each legal system has its own strengths and weaknesses. This comparative analysis aims to provide insight into the effectiveness of current legal frameworks and to contribute to the development of more comprehensive and responsive regulations.

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