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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 5 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2024)" : 5 Documents clear
Dampak Penghapusan Ketentuan Pidana Pencemaran Limbah B3 Oleh Korporasi Industri Kelapa Sawit Dalam Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Rahmi Wijaya, Annisa; Yandriza; Tenofrimer
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.2.p.10-21.2024

Abstract

The Palm Oil industry produces Hazardous and Toxic Waste (B3). However, along with the development of legal regulations in Indonesia, Law Number 6 of 2023 concerning Cipta Kerja was born. This legal reform has an impact on several changes in a statutory provision, one of which is the provision regarding the environment. One of the changes in the ratification of the Job Creation Law is the elimination of criminal sanctions for environmental crimes which are replaced with administrative sanctions. The provisions in the Job Creation Law that abolish Article 102 of the UUPPLH where the abolition of this article can no longer be subject to criminal liability to any person who manages B3 waste without a permit. The research used is normative legal research  using the Status Approach. This research is descriptive in nature which is organized systematically. The results of the study state that the impact of the palm oil industry on B3 waste pollution provides convenience for corporations, but reduces the quality of life of the surrounding community. This also affects environmental legal protection, such as the lack of deterrent effects, non-optimal ecological recovery, and poor environmental supervision. With the Cipta Kerja Law, corporations are only subject to administrative sanctions for such violations
Implementasi Prinsip Ultimum Remedium Terhadap Keterlanjuran Kegiatan Perkebunan Kelapa Sawit di Dalam Kawasan Hutan Berdasarkan Undang-Undang Cipta Kerja Syafira Almutahaliya
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.2.p.1-9.2024

Abstract

The provision in Article 37 number 20 of the Cipta Kerja, regulates the Ultimum Remedium Principle against the continuation of oil palm plantation activities which is reflected in the insertion of Articles 110A and 110B between Article 110 and Article 111 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. This research will answer the problem of how the implementation of the Ultimum Remedium Principle against the continuation of oil palm plantation activities in forest areas based on the Job Creation Law and how are the obstacles in the Implementation of the Ultimum Remedium Principle against the continuation of oil palm plantation activities in forest areas by the West Sumatra Provincial Forestry Service. The research method used is empirical legal research using primary data obtained by interviewing the Forest Damage Control and Security Section in the Forest Protection and Conservation of Natural Resources and Ecosystems Division of the West Sumatra Provincial Office. Based on the results of the research, the application of the ultimum remedium principle to the continuation of oil palm plantation activities in forest areas is resolved by applying for a permit by paying forest resource provisions and reforestation funds to the state treasury. Then for everyone who lives around or in the forest area for five consecutive years, can be subject to exclusion or maximum subject to administrative sanctions in the form of temporary suspension of business activities, payment of administrative fines or government coercion. Then the obstacles to the implementation of the ultimum remedium principle against the continuation of oil palm plantation activities in forest areas are in the form of technical problems in the field such as, lack of public understanding, uncooperativeness of authorized officials, and misappropriation by law enforcement officers.
Audit Forensik sebagai Upaya Pemberantasan Korupsi Partai Politik : Komparisi Indonesia dan Nigeria Sari, Dini Wininta
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.2.p.22-36.2024

Abstract

Indonesia's political party reporting especially during the election period is not yet accountable, transparent, and leads directly to corruption. And preventive and repressive measures to detect fraudulent reporting have not been done with the maximum on a cadre of both the political and the political party themselves. Such a situation would require the government to devise a strategy for the political party's financial checkups through forensic audits as applied in several countries, including Nigeria. The study aims to examine the model against the corruption of the political party done by Nigeria through its forensic audits and compartmentalizing its application in Indonesia. The author used normative-approach juridical methods with two approaches: the statute approach and comparative approach. The study raised two major issues. First, how is the corruption of political parties that occurred in Indonesia and Nigeria during the election period? Second, how does the forensic audit in Indonesia and Nigeria help to stop the corruption of the political party? Studies have shown that political corruption in both Indonesia and Nigeria consists mainly of bribery, votes buying, and cheating in reporting on party campaigns. The forensic audit is one of the most effective efforts to prevent and treat the political party's corruption through fraud detection coupled with increased independent forensic audit team to ensure healthy political finances.
Pengaturan Tindak Pidana Perkosaan Dalam Perkawinan Menurut Hukum Pidana Indonesia Dan Hukum Pidana Singapura Fragma Sari, Trachel; Mulyati, Nani; Elvandari, Siska
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.2.p.37-46.2024

Abstract

In Indonesia although marital rape is not specifically definedm there are laws and regulations that govern this issue. Similarly Singapore regulated rape in a broader sense. In singapore, rape is a crime for which an arrest can be made without a warrant. Under the singapore penal code prior to its amandment, rape by a husband against his wife was not recognized as a crime except under certain conditions. The research problem formulated in this study is the regulation of the crime of marital rape under Indonesia and singapore penal code. The research method used to discuss and analyze this issue is normative legal research whit a statutory approach and comparative approach. The results of the study show that the regulation of marital rape in Indonesia can be found in the law on the elimination of domestic violance (uu pkdrt), law on sexual violance crimes (uu tpks), and the national criminal code. Meanwhile, singapore regulation regarding marital rape can be found in section 375 act 15 of 2019 of the singapore penal code. The fundamental difference in the regulation of marital rape between the two countries lies in the subjects and objects related to the crime. In Indonesia, there is generally no distinction between the subject and object based on gender. In contrast, Singapore recognizes only males as potential perpetrators and females as potential victims. Neother ondonesia nor singapore provides a clear definition of marital rape, however, both countries recognize that forced sexual intercourse contitutes a crime
Penerapan Hukuman Pada Jarimah Menjual Dan Menyimpan Minuman Keras (Khamar) Dalam Perspektif Qanun Jinayat (Studi Di Mahkamah Syariah Lhokseumawe) desky, teku ananta; Zurnetti, Aria
Delicti : Jurnal Hukum Pidana Dan Kriminologi Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/delicti.v.2.i.2.p.47-59.2024

Abstract

Sentencing disparities are not confined to general courts but are also evident within the Mahkamah Syar’iyah. Notable inconsistencies can be seen in several cases adjudicated by the Mahkamah Syar’iyah Lhokseumawe. In Case No. 10/JN/2018/MS.Lsm, the defendant was sentenced to 20 lashes; in Case No. 9/JN/2018/MS.Lsm, to 25 lashes; and in Case No. 1/JN/2020/MS.Lsm, to a fine of 25 grams of pure gold. All cases were prosecuted under Article 16(1) of Aceh Qanun No. 6 of 2014 on Jinayat Law. This article investigates judicial approaches to sentencing in cases involving jarimah (criminal acts) related to the sale and storage of alcoholic beverages (Khamar) in the Mahkamah Syar’iyah Lhokseumawe. Employing an empirical juridical method, the study draws on document analysis and interviews, using a descriptive-analytical framework. Both primary and secondary data are used to depict the legal reality and are subsequently analysed with reference to statutory regulations and legal theories. The findings indicate that disparities in sentencing arise due to the Qanun’s provision of only maximum penalties, granting judges broad discretion in determining sentences. Factors such as the defendant’s background influence judicial reasoning and may lead to divergence in punishment. These differences often generate debate within judicial panels prior to verdicts. Therefore, judges must ensure objectivity by thoroughly considering all evidentiary elements including witness testimonies, documents, and physical evidence, based on facts established during the trial

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