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Riki Afrizal
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rikiafrizal@law.unand.ac.id
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+6281374824746
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delicti@law.unand.ac.id
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Fakultas Hukum Universitas Andalas, Kampus Unand Limau Manis, Padang - 25153
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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 6 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2023)" : 6 Documents clear
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.
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

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