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Penegakan Hukum Tindak Pidana Pemerasan Dengan Ancaman Dalam Pembangunan Properti Di Kota Padang Kevin Lie; Aria Zurnetti; Elda, Edita
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
Penyelesaian Tindak Pidana Penganiayaan Melalui Hukum Pidana Adat Di Kecamatan Koto Baru Kota Sungai Penuh Provinsi Jambi Dinata, Arifwan Fatwa; Nelwitis; Elda, Edita
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 1 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.1.p.16-27.2024

Abstract

The criminal act of persecution is a criminal act that affects a person's body, namely the act of injuring. One of the resolutions of the criminal act of persecution is through customary criminal law. This happened in Koto Baru District, Sungai Penuh City, the criminal act of persecution can be resolved through the applicable customary criminal law. The problems in this study are how the process of resolving criminal acts of persecution through customary criminal law in Koto Baru District, Sungai Penuh City, what are the obstacles in the application of customary criminal sanctions in Koto Baru District, Sungai Penuh City, how are efforts made to overcome obstacles in the application of customary criminal sanctions in Koto Baru District, Sungai Penuh City. This research uses sociological juridical methods and descriptive research. Based on the research conducted, the results of the process of solving criminal acts of persecution through customary criminal law in Koto Baru District, Sungai Penuh City, were obtained in a bajenjeng naeak batakah tuhang. Obstacles in the application of customary criminal sanctions include legal rule factors, law enforcement factors, legal culture factors, and economic factors. Efforts were made to overcome obstacles where customary administrators held seminars and customary dialogues. Traditional managers give instructions to traditional leaders in solving cases objectively and professionally. A traditional proverb asserts dimanao bumui dipijiak disitu langangk dijunjio to foster public legal awareness. If the offender cannot fulfill customary criminal sanctions on his own, he can ask his family for help
Penerapan Diskresi Penuntutan Berdasarkan Keadilan Restoratif Terhadap Tindak Pidana Bernilai Kerugian Ekonomis Rendah Pradana, Rido; Danil, Elwi; Elda, Edita
Nagari Law Review Vol 8 No 3 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.3.p.632-647.2025

Abstract

This research explains the comparison of prosecutorial discretionary in Indonesia with other countries, indicators of determining low economic loss crimes based on laws and regulations and the application of prosecutorial discretionary to low economic loss crimes in cases in the jurisdiction of the West Sumatra High Prosecutor's Office. This research uses a normative legal research method with a statutory approach, a case approach and a comparative approach based on secondary data through literature studies. The results of this research indicate that prosecutorial discretionary in Indonesia and other countries is basically the authority of the public prosecutor in carrying out their duties in the field of prosecution to prosecute or not to prosecute a case, but each country has certain criteria in applying prosecutorial discretionary to a crime. In the provisions of laws and regulations, there are no clear indicators regarding low economic loss crimes because there is no classification of criminal acts based on economic losses, so that each law enforcement officer has its own discretion in determining indicators of low economic loss crimes. The indicator of low economic loss crimes is currently still influenced by the indicator of criminal fines. Prosecutorial discretionary for low economic loss crimes can be resolved by using a restorative justice approach that can accommodate the economic loss value of a crime. In this research, the author suggests that indicators be regulated clearly and firmly to determine the minimum and maximum limits of the nominal value of low economic loss crimes for law enforcement officers for the sake of legal certainty in law enforcement.
Tanggung Jawab Notaris Dalam Menjaga Kerahasiaan Data Penghadap di Era Digital Luchia Saldi, Sindi; Rembrandt, Rembrandt; Elda, Edita
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.41414

Abstract

A notary is a public official who is authorized to make authentic deeds and has other authority as referred to in the Notary Position Law or based on other laws. The Notary has an obligation to keep everything confidential about the deed he makes and all information obtained for the preparation of the deed in accordance with the oath/promise of office, unless the Law specifies otherwise. In maintaining the confidentiality of personal data in the digital era, it is very important considering that personal data can be used by unauthorized parties for various interests, the formulation of the problem in this study is first, how is the legal protection of the confidentiality of the data of the person facing in the digital era, the second is how the role of technology in helping notaries to maintain the confidentiality of the data of the person who is confronted in the digital era, and the third is how is the responsibility of the notary for the confidentiality of the data of the person who is facing in the digital era. The research method used is normative juridical, with a legislative, conceptual and case approach, a type of secondary research, with additional interviews with the Regional Supervisory Council (MPD) of the Padang Region and Notaries in Padang City. The legal protection of the confidentiality of personal data in the digital era aims to ensure that the right to privacy is respected, prevent the misuse of personal data for various purposes, prevent misuse by establishing rules on how personal data can be collected, stored and used. The role of technology in helping notaries to maintain the confidentiality of client data is very crucial in the notary profession, by utilizing various security systems, notaries can provide more optimal protection of the client's personal data. Notary's responsibility for the confidentiality of client data in the digital era of notaries will face various legal and ethical consequences. By understanding their responsibilities and taking preventive measures, notaries can minimize the risks and negative impacts of data leaks. There are no rules regulating the confidentiality of client data and sanctions for notaries if there is a leak of client data in the digital era, creating a void in norms. So that the confidentiality of the data of the person has not been guaranteed.
Legal Policy of the Establishment of Deputy Attorney General for Military Affairs in the Structure of the Attorney General's Office of the Republic of Indonesia Raihany, Farras Audia; Zurnetti, Aria; Elda, Edita
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.578-591.2024

Abstract

The legal challenges within Indonesia's justice system revolve around the absence of a unified implementation of the one-roof prosecution policy for military crimes. Despite the apparent coordination authority vested in the Attorney General, as highlighted in Article 57 of the Military Justice Law and Article 18 of the Amendments to the Prosecutor's Office Law, practical enforcement reveals a lack of reporting by Auditors to the Attorney General regarding the prosecution of military criminal cases. Furthermore, issues arise in handling connection cases, where the Criminal Procedure Code stipulates joint trials for handling perpetrators from both general and military justice systems. However, in practice, many connectivity cases are tried separately, leading to dualism and disparities of prosecution. In response, a suggested solution was to establish the Deputy Attorney General for Military Affairs (DAGMA) as the new structure within the Attorney General's Office. This paper aims to obtain a comprehensive explanation regarding the legal policy behind establishing DAGMA as the assistant of the Attorney General in handling military affairs and connectivity cases. The method used in this research is juridical-normative, which mainly focuses on examining the law as norms or rules that apply in society and serve as guidelines for individual behavior. The findings proved that establishing DAGMA is the Government's effort to implement legal reform, especially regarding optimizing the performance of the Indonesian Prosecutor's Office as the implementer of state prosecutorial power to realize prosecutorial unity in Indonesia.
IMPLIKASI YURIDIS UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL TERHADAP KORBAN DALAM SISTIM PERADILAN PIDANA TERPADU YANG BERKEADILAN GENDER Nova, Efren; Elda, Edita
UNES Law Review Vol. 5 No. 2 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i2.361

Abstract

Sexual abuse is an act of violence and treatment that degrades human dignity, which is contrary to the values of God and humanity, and disturbs the security and tranquility of the social community. Handling victims of sexual abuse is very important, because the violence has caused various injuries to victims, such as fear, prolonged trauma, feelings of shame, evidentiary problems, repetitive questions by investigators, and the police investigations report process was not carried out properly so that it was difficult for the victim to recount the sexual abuse they experienced. If we look at many cases of violence against women and children, there are still no clear legal solutions. The promulgation of Law Number 12 of 2022 about sexual violence (UU TPKS), it is an effort to reform the law and overcome problems in legal protection of women and children from sexual abuse, namely as follows: preventing all forms of sexual violence, handling, protecting, and recovering victims, carry out law enforcement and rehabilitate perpetrators, create an environment where there is no sexual violence, and ensure non-repetition of sexual violence. Therefore, the problems statement in this research are: First, how are the regulation for the victims management of sexual violence based on Law Number 12 of 2022 about sexual violence (UU TPKS) and the Penal Code. Second, what are the juridical implications of the Law Number 12 of 2022 about sexual violence (UU TPKS) on victims in an Integrated Criminal Justice System that is gender-equitable. The problem approach in this study is a normative juridical, with data sources being the Criminal Procedure Code, the Penal Code, the Law Number 12 of 2022 about sexual violence (UU TPKS), Academic Papers on the Draft Law on the Elimination of Sexual Violence and other relevant sources. The results of the research show that the regulation of the Integrated Criminal Justice System in the UU TPKS regulated in Articles 20-64 is an effort to complement and strengthen the provisions on the rights of victims as regulated in existing laws and regulations. Meanwhile, the juridical implications of the UUTPKS for the Integrated Criminal Justice System are a guarantee of legal certainty, justice and the benefit of law in law enforcement of the Crime of Sexual Violence. A gender-just criminal justice system is one of the breakthroughs to change a non-gender-oriented legal system into a gender-oriented legal system. The system is expected to be able to respond to situations that are always experienced by women and children who are victims of gender-based sexual violence.
Kewenangan Penyidik Pegawai Negeri Sipil (PPNS) Keimigrasian dalam Penanganan Tindak Pidana Perdagangan Orang yang Berasal dari Tindak Pidana Penyelundupan Manusia Lazuardi, Anggun; Ferdi, Ferdi; Elda, Edita
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.947

Abstract

The practice of the crime of human smuggling (TPPM) is closely related to the practice of the crime of trafficking in persons (TPPO) which crosses national borders in jurisdiction. The practice of human smuggling allows for opportunities for the purpose of trafficking and exploitation of people who are smuggled across a country's borders. Handling is regulated in special criminal acts, namely the crime of human smuggling in Law Number 6 of 2011 with Immigration Civil Servant Investigators (PPNS) as law enforcement officers, while the crime of trafficking in persons is regulated in Law Number 21 of 2007 which only states said the investigator who could carry out the investigation. But the problem is, there is a practice of criminal acts of trafficking in persons originating from criminal acts of people smuggling, will Immigration Civil Servants have authority over this. However, Therefore, this research aims to analyze the authority of the Immigration Civil Servants in handling the criminal act of trafficking in persons originating from the criminal act of people smuggling. The results of the research show that the authority of the Immigration Civil Servants in handling the criminal act of trafficking in persons originating from the criminal act of people smuggling is to carry out joint investigations with Polri investigators. Based on the principle of lex specialis systematic, the crime of human smuggling is a more specific crime than the crime of trafficking in persons.
Optimalisasi Gizi dan Sanitasi Melalui Upaya Pemberdayaan Masyarakat untuk Meningkatkan Status Kesehatan Masyarakat di Kelurahan Sungai Pisang: Community Empowerment For Improving Nutrition And Sanitation In Sungai Pisang, Padang City Elda, Frima; Novirsa, Randy; Elda, Edita; Kasra, Kamal; Markolinda, Yessy; Azmi, Fadilla; Fatrima Surya, Rezi; Delviana, Adelia; Marzuki, Mardhatillah; Diva, Azzahra
BULETIN ILMIAH NAGARI MEMBANGUN Vol. 8 No. 4 (2025)
Publisher : LPPM (Institute for Research and Community Services) Universitas Andalas Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/bina.v8i4.813

Abstract

Sungai Pisang, located in the Bungus Teluk Kabung District, is a coastal area with approximately 2,116 residents, most of whom earn their livelihood as fishermen. The community faces interrelated nutritional and sanitation problems, primarily due to limited waste-management facilities. Household waste and fish-processing residues are commonly burned or buried, resulting in environmental pollution and increasing the risk of infectious diseases. These conditions negatively affect the community’s nutritional status, particularly among vulnerable groups such as children under five and pregnant women. This community service program aims to strengthen community capacity in improving nutrition and sanitation through a participatory empowerment approach. The activities were carried out through preparation, socialization, and intervention. These included official meetings with local authorities, health education sessions for housewives, mothers of young children, and community health volunteers, as well as a Focus Group Discussion (FGD) to develop applicable waste-management solutions. The results showed an increase in community knowledge regarding balanced nutrition and family health. In addition, residents agreed to initiate organic-waste composting and reduce the use of single-use plastics. This program integrates nutrition interventions with environmentally based sanitation improvements, emphasizing that nutritional enhancement cannot be separated from local ecological conditions. Collaboration among local government, health workers, and the community is essential to creating a sustainable healthy environment that supports comprehensive improvements in nutritional status.