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.
Articles
35 Documents
<![CDATA[Criminal Law Enforcement on Domestic Violence Offenses Involving Religious Leader: A Juridical Analysis ]]>
<![CDATA[Angeliq Yuan Pratiwi]]>;
<![CDATA[Sinarianda Kurnia H.]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 1 (2026) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55499/derecht.v4i1.402
<![CDATA[This study examines the legal suitability of Restorative Justice (RJ) as a resolution mechanism for domestic violence cases committed by religious leaders, drawing on the case of pastor Hendryanto Udjari or Moses Henry in Surabaya, East Java. Employing a normative juridical method through statutory, case, and conceptual approaches, the analysis is grounded in Satjipto Rahardjo's law enforcement theory, John Rawls' substantive justice theory, and criminal liability theory. The study identifies layered enforcement barriers, including evidentiary difficulties arising from the hidden nature of domestic violence, religious community intervention pressuring victims into reconciliation, and inadequate institutional protection against revictimization. The findings indicate that domestic violence perpetrated by religious leaders is unsuitable for resolution through RJ, as the deeply asymmetric power relationship between perpetrator and victim risks reducing the mechanism into an instrument of social coercion and concealed impunity. Where RJ is nonetheless considered, its application can only be legally justified when cumulative preconditions are satisfied, including the victim's free and informed consent, genuine acknowledgment of wrongdoing by the perpetrator, an independent facilitator, and rigorous oversight, while maintaining RJ strictly as a complementary mechanism rather than a substitute for formal criminal proceedings. This study recommends consistent law enforcement grounded in the principle of equality before the law and substantive justice, irrespective of the perpetrator's social standing.]]>
<![CDATA[Criminal Liability of Hospitals and Medical Personnel for Medical Malpractice in Indonesia ]]>
<![CDATA[Mulyana Riskiawati Pratiwi]]>;
<![CDATA[Azizul Hakiki]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 1 (2026) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55499/derecht.v4i1.403
<![CDATA[Medical malpractice cases represent a serious concern in healthcare services, as they have the potential to cause physical harm, psychological distress, and even death to patients. This study aims to analyze the forms of criminal liability imposed on hospitals and medical personnel in malpractice cases, based on a review of Court Verdict Number 85/Pdt/2021/PT PAL. The research adopts a normative juridical approach with a case study method, examined through applicable legislation, legal doctrine, and an analysis of the court decision's substance. The findings indicate that in the aforementioned decision, legal responsibility was not solely attributed to individual medical personnel, but extended to the hospital institution as a party bearing administrative and operational responsibility for healthcare services. The panel of judges determined that negligence had occurred in the application of standard medical procedures, alongside the hospital's failure to exercise adequate supervision over its medical staff. This decision serves as a significant precedent in strengthening the criminal dimension within the domain of medical malpractice, and affirms that hospitals cannot absolve themselves of legal responsibility when ethical and professional violations are committed by medical personnel under their institutional authority.]]>
<![CDATA[Peran dan Fungsi Kepolisian dalam Upaya Pencegahan Pelaku Geng Motor di Wilayah Surabaya (Studi Kasus Polrestabes Surabaya) ]]>
<![CDATA[Briesa Salsabilla Alzahra]]>;
<![CDATA[Sadjijono Sadjijono]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 1 (2026) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55499/derecht.v4i1.404
<![CDATA[The recent rise in motorcycle gang activity has become a serious security threat. Motorcycle gang members tend to commit criminal acts such as assault, theft, robbery, and vandalism of public facilities, thereby creating a sense of insecurity among the public. This study analyzes the strategies and measures implemented by the Surabaya Metropolitan Police to combat motorcycle gang crime. The research method employed is a qualitative study using a case study approach. Data was collected through in-depth interviews with police officials, document analysis, and a review of the literature, including legislation and scientific journals. The results indicate that the Surabaya Metropolitan Police Department implements three integrated approaches in addressing motorcycle gangs: preventive, pre-emptive and repressive, The success of these efforts is also supported by strong collaboration between the police, local government, and active community participation. This study recommends reinforcing youth development programs, increasing community participation in maintaining neighborhood security, and the need for further research on the socioeconomic factors influencing the formation of motorcycle gangs.]]>
<![CDATA[Implementasi Penegakan Hukum atas Pelanggaran Lalu Lintas Berbasis ETLE di Wilayah Jawa Timur ]]>
<![CDATA[Oktavio Siwi Nagari]]>;
<![CDATA[Juli Nurani]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 1 (2026) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55499/derecht.v4i1.405
<![CDATA[Traffic violations remain a serious challenge in East Java, the region with the highest violation rate in Indonesia. This study aims to analyze the legal basis for traffic violation enforcement using Electronic Traffic Law Enforcement (ETLE) as well as legal protections for road users in the region, using a normative legal research method. The results of the study indicate that the ETLE system is supported by a robust regulatory framework, including Law No. 22 of 2009 on Road Traffic and Transportation, Government Regulation No. 80 of 2012, and National Police Regulation No. 2 of 2025, which collectively provide legal certainty for law enforcement officials and the general public. Legal protection for road users is realized through the objectivity of electronic evidence, the mechanism for sending confirmation letters to violators, and the transparency of online fine payments. Nevertheless, several challenges remain, including the uneven distribution of camera infrastructure across various regions, weak data synchronization among relevant agencies, and the lack of an explicit appeal mechanism for members of the public who feel aggrieved. Using Lawrence M. Friedman’s legal system theory, these challenges reflect weaknesses in the components of legal structure and legal culture that need to be systematically strengthened to achieve effective, transparent, and fair traffic law enforcement.]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
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.]]>
