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Riki Afrizal
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Delicti : Jurnal Hukum Pidana Dan Kriminologi
Published by Universitas Andalas
ISSN : 30309360     EISSN : 30259401     DOI : https://doi.org/10.25077/delicti.v.1.i.1.p.1-10.20
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Delicti : Jurnal Hukum Pidana Dan Kriminologi is a journal managed by the Department of Criminal Law, Faculty of Law, Universitas Andalas. The Journal is published 2 (two) times a year as a medium of communication and development of Criminal Law and Criminology. This journal provides an opportunity for academics, researchers and practitioners to publish scientific work in the form of articles both research-based and conceptual.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
 1   2 
Pertanggungjawaban Pidana Rumah Sakit Terhadap Pengelolaan Limbah Medis B3 Penanganan Pandemi Covid-19 Di Indonesia Fikri Adrian; Fadillah Sabri
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.27-41.2023

Abstract

Environmental problems are becoming increasingly serious over time. The Covid-19 pandemic that hit Indonesia did not reduce the impact of environmental pollution but instead gave rise to a new problem, namely medical B3 waste. Of course, B3 medical waste produced by hospitals must be clear regarding its management, sanctions and implementation of law enforcement. Because the impacts can affect the environment and public health. The research method used is normative legal research (normative juridical) using a statutory approach (Status Approach) and a Conceptual Approach (Conceptual Approach). Corporate/hospital criminal liability for violations of B3 waste management is regulated in Article 116 Jo 118 of the PPLH Law. Article 116 paragraph (1) letter a of the PPLH Law states that business entities can be prosecuted criminally, but in Article 118, in the case of charges against business entities, the representative management is the functional actor. Apart from the main criminal penalties, business entities may be subject to additional criminal/disciplinary regulations based on Article 119 of the PPLH Law. Based on research, there are weaknesses in the PPLH Law regarding corporate responsibility, namely first, corporate responsibility does not guarantee legal certainty. Second, there is no distinction between basic criminal sanctions for human and corporate legal subjects
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.
Analisis Yuridis Putusan Hakim Dalam Perkara Tindak Pidana Phising Yang Dilakukan Melalui Media Sosial: (Studi Putusan Nomor : 155/Pid.Sus/2018/PN.Cbn) Indah Eka Putri; Ismansyah
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.1-10.2023

Abstract

Nowadays, social media users are faced with the rise of cyber-phishing, which is carried out using various modes of deception that are troubling. This cybercrime mode causes material and immaterial losses. This crime has been regulated in the Electronic Information and Transaction Law Number 11 of 2008, Article 35 jo. Article 51 paragraph (1) carries a maximum threat of 12 years in prison. One of the cases that has been decided and permanent legal force is Decision Number: 155/Pid.Sus/2018/PN-Cbn. This research will answer the problem of how to analyse the judge's considerations in adjudicating cases of phishing on social media in Decision Number 155/Pid.Sus/2018/PN-Cbn and how to apply criminal sanctions based on the a quo decision. This study uses case approach and statutory approach with juridical-normative research method. Based on the research, juridically, the judge in making a decision only focuses on the demands of the prosecutor and does not consider concurrent criminal acts committed by the defendant, for which the judge can provide a weighting punishment based on Article 65 paragraph (2) of the Criminal Code. Because the statement of the accused is also an important juridical aspect to be considered by the judge in imposing a verdict. This is what makes the punishment given low—only eight months in prison. Then, the application of relatively mild criminal sanctions has not been able to fulfil the goals of punishment and a sense of justice, so it will have an impact on the ineffectiveness of punishment.
Tantangan Pemberian Kewenangan Bagi Penyidik Pejabat Pegawai Negeri Sipil (PPNS) Kehutanan Sumatera Barat Pada Tindak Pidana Pencucian Uang Annisa'un Rasyiqah
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.15-25.2023

Abstract

Law Number 8 of 2010 on the Prevention and Eradication of Money Laundering (AML Law) serves as the cornerstone of anti-money laundering enforcement in Indonesia today, but it still falls short in accommodating the needs of money laundering law enforcement. Explanation of Article 74 of the AML Law limits the role of criminal investigators solely to the National Narcotics Agency (BNN), the Corruption Eradication Commission (KPK), the Police, the Prosecutor's Office, Customs, and Tax Authorities. This explanation of Article 74 contradicts the AML Law. This situation leaves the Environmental and Forestry Crime Investigators (PPNS Kehutanan) without the authority to investigate money laundering cases in the forestry sector and hampers efforts to combat money laundering. Ultimately, Constitutional Court Decision No. 15/PUU-XIX/2021 breathed new life into money laundering investigations by broadening the definition of investigators and granting authority to PPNS Kehutanan to handle money laundering cases. Based on this research, the author concludes that following Constitutional Court Decision No. 15/PUU-XIX/2021, PPNS in the forestry sector has the authority to investigate cases of money laundering. The authority held by PPNS Kehutanan in conducting money laundering investigations includes the power to delay transactions, the power to request information about wealth from the reporter, the power to seize assets, and the power to block assets. In West Sumatra, the investigation of money laundering in the forestry sector is assigned to PPNS of the Provincial Forestry Service and PPNS of the Directorate General of Law Enforcement and Forest Protection (Gakkum LHK). These two institutions coordinate to handle all forestry crimes, including money laundering. Furthermore, coordination is also carried out with the National Police (POLRI) and the Financial Transaction Reports and Analysis Center (PPATK) in resolving money laundering cases.
Keadilan Restoratif Dalam Penyelesaian Kasus Tindak Pidana Kekerasan Dalam Rumah Tangga (KDRT) di Wilayah Hukum Polresta Padang Hadiid Akram; Fadillah Sabri; Iwan Kurniawan
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.42-49.2023

Abstract

Generally, the resolution of a criminal case takes place through the criminal justice process, but it is not excluded that it can be resolved through other mechanisms. In the legal jurisdiction of Polresta Padang, there is a facility called Palanta Mediation. Palanta Mediation is one of the facilities for resolving criminal cases through mediation. One of the cases that can be resolved using the principles of restorative justice is domestic violence cases. The issues discussed concern the steps taken by the police at Polresta Padang in implementing restorative justice in handling domestic violence cases and the obstacles faced in applying the principles of restorative justice in handling domestic violence cases. The research method used is empirical juridical, by observing the phenomena that occur in the field in relation to applicable law. The police's steps in resolving domestic violence crimes involve bringing the parties together at Palanta Mediation. The obstacles faced by the police in resolving domestic violence crimes using restorative justice include inner conflicts that cannot be avoided, such as minor disputes between the parties
Penerapan Dakwaan Oleh Penuntut Umum Kejaksaan Negeri Padang Terhadap Pelaku Tindak Pidana Perjudian Online Di Kota Padang Andre; Diana Arma; Nilma Suryani
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.50-59.2023

Abstract

There are online gambling cases where the Public Prosecutor tends to charge with alternative charges using Article 303 of the Criminal Code while the court facts and evidence explain clearly about online gambling. It is interesting to study the implementation of charges by the Public Prosecutor against perpetrators of online gambling crimes in Padang City and the reasons why the Public Prosecutor charges online gambling cases with Article 303 of the Criminal Code, whereas Article 27 paragraph 2 of the ITE Law also specifically regulates online gambling. This paper uses empirical juridical research methods, where the data used is primary data and secondary data through literature study. The application of charges in online gambling cases by the Public Prosecutor needs to pay attention to several things, the most important of which is to complete the elements relating to Article 27 paragraph 2 of Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning ITE. In many online gambling cases that go to the Padang District Prosecutor's Office, there are deficiencies in evidence to complete the elements in the ITE so that the gambling articles in the Criminal Code are used
Urgensi Penggunaan Closed Circuit Television (CCTV) Dalam Mengungkap Tindak Pidana Pencurian Sauqi M Rohit
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.60-66.2023

Abstract

Technological developments have a positive role in handling and preventing crime in Indonesia, one of which is CCTV. This role is most relevant if it is related to criminal acts or theft crimes that occur in society. This article discusses the role of technology, especially CCTV, in disclosing criminal acts of theft. The research method used is normative juridical with a statutory approach and a legal concept approach in the form of law enforcement theory. CCTV has proven to be a very effective tool in uncovering crimes by recording incidents accurately and objectively, providing strong evidence at every stage of law enforcement, and even preventing criminal acts by making perpetrators feel watched. Legally, CCTV can be used as evidence or at least as an indication of the theft that occurred so that it is easier to find the perpetrator
Tinjauan Kriminologis Terhadap Faktor-Faktor Penyebab Terjadinya Tindak Pidana Dibidang Perikanan Dan Penanggulangannya Di Laut Kabupaten Bintan Hafiz dwi Alhadi; Nelwitis; Iwan Kurniawan
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.26-35.2023

Abstract

Fishery resources are one of the many natural resources in Indonesia. Its vast aquatic territory makes Indonesia an archipelagic country that hosts numerous activities at sea. The abundance of activities utilizing marine fisheries resources has led to actions detrimental to society. This research examines several issues, including: 1) What factors lead to criminal activities in the field of marine fisheries in the waters of Bintan Regency; and 2) What efforts are made by law enforcement authorities to prevent and address criminal activities in the field of marine fisheries in Bintan Regency. The research method used is empirical juridical research. Data collection is conducted through interviews with relevant parties and literature research related to the research topic. The obtained data is analyzed qualitatively and presented descriptively. The research results indicate that Bintan Regency is vulnerable to fisheries-related crimes. Several cases have been handled by the relevant authorities. The factors causing fisheries-related crimes in Bintan Regency can be summarized as follows: first, low awareness, compliance, and legal effectiveness; second, low economic status among fishermen; and third, low educational levels. Efforts made by law enforcement authorities include preventive measures such as legal counseling, patrols, redirecting community activities, providing environmentally friendly modern assistance, and establishing community monitoring groups. In addition, repressive efforts are also carried out through strict law enforcement, including arrests and examinations that result in the application of sanctions in accordance with the laws of Indonesia
Penerapan PERMA Nomor 1 Tahun 2020 Dalam Perkara Tindak Pidana Korupsi : (Studi Kasus Putusan Nomor 33/Pid.Sus/TPK/2020/PN.Pdg) Divani Fajria Hadi; Efren Nova
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.1-14.2023

Abstract

Based on data from Indonesia Corruption Watch, in the last 4 years corruption cases related to state’s financial losses are the most committed and increase significantly, oftentimes have disparities in punishment. To overcome this, PERMA No. 1 of 2020 concerning Article 2 and Article 3 of the Corruption Eradication Law was issued. The interesting thing is even though there is a guideline for sentencing related offenses, there are still court decisions that are not in accordance with the provisions of PERMA. One of them is Decision No. 33/Pid.Sus/TPK/2020/PN.Pdg. The issues that are tried to be discussed are: 1) How is the application of PERMA No. 1 of 2020 in Decision No. 33/Pid.Sus/TPK/2020/PN.Pdg; and 2) What is the basis for the judge's consideration in sentencing the defendant in Decision No. 33/Pid.Sus/TPK/2020/PN.Pdg. This research uses normative juridical methods through case approach and statue approach. The results show that: 1) The application of PERMA No. 1 of 2020 in Decision No. 33/Pid.Sus/TPK/2020/PN.Pdg, has not been perfectly applied by the panel of judges. In sentencing, the judge is less thorough so that the crime imposed on the defendant is lower than the level of guilt; and 2) The basis for the judge's consideration in sentencing the defendant in Decision No. 33/Pid.Sus/TPK/2020/PN.Pdg, considers the role of the defendant who, although as the driving force or mastermind of this crime, the defendant will not be able to carry it out if there is no cooperation with the authorized person. Therefore, the panel of judges imposed a lower sentence than the Prosecutor’s demand.
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

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