Edita Elda
Universitas Andalas

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Sekstorsi Sebagai Tindak Pidana Kekerasan Seksual Berbasis Elektronik dalam Sistem Hukum di Indonesia Dea Tri Afrida; Ismansyah; Edita Elda
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 1 No. 1 (2023)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.1.i.1.p.11-26.2023

Abstract

Sextortion as part of Cyber Gender-Based Violence (KBGS) is a cybercrime that often occurs today. Sextortion is carried out by extorting or exploiting the victim materially or sexually by utilizing the victim's pornographic content. Prior to the promulgation of Law Number 12 of 2022 concerning Crimes of Sexual Violence (TPKS Law) on May 9 2022, the crime of sextortion was regulated separately and spread across several laws and regulations, where these regulations still had juridical weaknesses which led to overcoming sextortion crimes in Indonesia are not sufficient. This study discusses the form of sextortion arrangements in Indonesian criminal law. This research uses normative research methods with statutory and case approaches, with secondary data sources. The results of this study concluded that the forms of regulation of sextortion in Indonesian criminal law consist of criminal acts of decency, criminal acts of extortion, criminal acts of threats, criminal acts against the independence of others, criminal acts of pornography, and criminal acts of electronic-based sexual violence (KSBE). The existence of the TPKS Law has regulated formulations of sextortion crimes that are better and more comprehensive than formulations in the Criminal Code, the Pornography Law, and the ITE Law. The implementation of the TPKS Law is expected to be able to realize the prevention of sextortion crimes that reflect the values of justice and legal certainty.
Penegakan Hukum Tindak Pidana Pemerasan Dengan Ancaman Dalam Pembangunan Properti Di Kota Padang Kevin Lie; Aria Zurnetti; Edita Elda
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 1 No. 2 (2023)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.1.i.2.p.54-62.2023

Abstract

Crime is committed in various forms and developments. One of the things that occurs in society and receives little attention is the crime of extortion and threats. In Padang City there are cases of criminal acts of threats in property development. This was done by thugs under the pretext of security money. This is of course detrimental and requires action by the police. The formulation of the problem in this research is how to enforce the law against the crime of extortion with threats in property development in Padang City and what are the obstacles faced by the police in efforts to enforce the law for the crime of extortion with threats in property development in Padang City. The research method used is empirical legal research supported by field research at the Padang City Police Department by interviewing sources. Based on the results of the research, it shows that law enforcement for the criminal act of extortion with threats in property development carried out by the police is carried out by: 1. Repressive law enforcement through action based on the provisions of the criminal procedure law. 2. Preventive law enforcement, namely by prevention. The various obstacles faced by the Polresta Padang include limited personnel, the public accepting the practice of criminal acts of extortion with threats, criminal acts often occurring in remote areas and minimal reporting from the public