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
44 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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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 ]]>
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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.]]>
<![CDATA[Opportunistic Theft at Traffic Accident Scenes and the Limits of Victim Protection in Indonesian Criminal Law Enforcement ]]>
<![CDATA[Moch Aji Surya Pamungkas]]>;
<![CDATA[Dossy Iskandar Prasetyo]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 2 Issue. 3 (2024) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v2i3.378
<![CDATA[Traffic accidents in Indonesia frequently create conditions of vulnerability that are exploited by opportunistic individuals to commit theft against incapacitated victims, constituting aggravated theft under Article 363 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP). This study examines the law enforcement process against such offenses within the jurisdiction of Polres Gresik and identifies the factors that influence its effectiveness. An empirical juridical method with a socio-legal approach was employed, combining semi-structured interviews with law enforcement personnel from Unit Laka Lantas and Unit Reskrim of Polres Gresik with secondary data drawn from relevant legislation, institutional reports, and academic literature. The findings indicate that while enforcement procedures formally conform to the applicable legal framework, operational effectiveness is significantly constrained by limitations in personnel capacity, inadequate surveillance infrastructure, low levels of community legal awareness, and fragmented inter-agency coordination between police, transportation authorities, hospital services, and Jasa Raharja. In response, Polres Gresik has undertaken institutional improvements including rapid response unit deployment, officer training programs, and community legal education initiatives, though these measures remain insufficiently institutionalized to produce durable enforcement outcomes. The study concludes that achieving consistent legal protection for accident victims requires simultaneous reform across personnel development, surveillance infrastructure, community legal literacy, and inter-agency information management, guided by an integrated institutional framework that bridges the gap between formal procedural compliance and substantive enforcement effectiveness.]]>
<![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[Equality Before the Law in the Investigation of Child Sexual Violence Committed by Community Figures: A Study at Tuban Police ]]>
<![CDATA[Anita]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v4i2.438
<![CDATA[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.]]>
<![CDATA[Judicial Reasoning and Sentencing Proportionality in the Teddy Minahasa Narcotics Trafficking Case ]]>
<![CDATA[Astrid Nurindah Sari]]>;
<![CDATA[Jonaedi Efendi]]>;
<![CDATA[Imam Suroso]]>
<![CDATA[ DE RECHT (Journal of Police and Law Enforcement) Vol. 4 Issue 2 (2026) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Surabaya ]]>
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DOI: 10.55499/derecht.v4i2.439
<![CDATA[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.]]>
