cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Riki Afrizal
Contact Email
rikiafrizal@law.unand.ac.id
Phone
+6281374824746
Journal Mail Official
delicti@law.unand.ac.id
Editorial Address
Fakultas Hukum Universitas Andalas, Kampus Unand Limau Manis, Padang - 25153
Location
Kota padang,
Sumatera barat
INDONESIA
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 28 Documents
 1   2   3 
Pelaksanaan Penyidikan Pelaku Tindak Pidana Kekerasan Seksual dalam Lingkup Keluarga di Wilayah Hukum Polresta Padang Oktavia, Mutiara
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.45-53.2023

Abstract

Currently, there are more patterns of human behavior that are not in accordance with the norms that apply in society, so that many criminal acts occur, one of which is sexual violence against children by their immediate family. One of these cases occurred in the jurisdiction of the Polresta Padang. The problems discussed are regarding the implementation of investigations carried out by Polresta Padang  investigators in handling cases of sexual violence in the family sphere, the obstacles faced by investigators in cases of sexual violence in the family sphere, and investigators' efforts to overcome the obstacles faced in cases of sexual violence in the family sphere. . This research uses an empirical juridical approach. The results of the research show that the implementation of the investigation process for perpetrators of criminal acts of sexual violence in the family sphere was carried out in stages, namely receiving reports, carrying out investigations, making arrests, summoning witnesses, making detentions, making confiscations, carrying out examinations of suspects and witnesses, and making requests for Visum Et. Repertum until the investigation is completed and submitted to the prosecutor's office. The obstacles faced during the investigation process were that it was difficult to obtain information, there were no witnesses who saw it directly, and the perpetrator ran away. Then the efforts made by investigators to overcome these obstacles were to ask for help from social workers from the Social Service to accompany the victim during the investigation process
Penerapan Electronic Traffic Law enforcement (ETLE) Terhadap Pelanggaran Lalu Lintas Di Wilayah Hukum Polresta Padang Oktara Roberto; Yandriza
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.36-44.2023

Abstract

The very rapid development of technology has an impact on all sectors of human life. The development of this technology was utilized by the Indonesian National Police by creating an electronic ticketing system called electronic traffic law enforcement, abbreviated as ETLE. The implementation of ETLE aims to reduce the number of traffic violations, eliminate the phenomenon of illegal collection during enforcement and simplify the ticket enforcement process. The number of traffic violations in the city of Padang has increased significantly after the implementation of ETLE. In implementing ETLE, the Polresta Padang encountered several obstacles, such as a lack of public knowledge and a lack of public awareness regarding the renewal of the ticketing system through ETLE. This research uses empirical juridical research methods with descriptive research characteristics. The required data comes from primary data and secondary data taken from a study of documents and interviews at the Padang City Police Department. This ETLE ticketing system has been implemented in the city of Padang starting from March 24 2021 until now. The research results show that the implementation of the electronic traffic law enforcement ticketing system has not been fully implemented optimally. The implementation of ETLE is not yet optimal due to several obstacles such as the public's lack of knowledge of traffic regulations and the ETLE system, lack of facilities and infrastructure, social and cultural factors that are developing in the community and weaknesses in the system for identifying violating vehicles. This is still a fundamental factor causing the increase in traffic violations in the jurisdiction of the Polresta Padang.
Perlindungan Hukum Bagi Korban Penyebaran Data Pribadi Oleh Penyedia Jasa Pinjaman Online Illegal dalam Perspektif Viktimologi Nur Muttaqi, Nabila Ihza; Muhammad Subhan
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.28-41.2024

Abstract

This research aims to analyze problems related to legal protection for victims of the distribution of personal data by illegal online loan service providers from a victimology perspective. Victims of the distribution of personal data by online loan service providers have not had their rights fully guaranteed because there are no comprehensive regulations governing it. As normative legal research, this research uses a statutory approach and a conceptual approach. Therefore, conducting the study is only limited to statutory regulations related to the object to be studied and legal literature. The legal materials that were collected were then compiled descriptively for qualitative analysis. The research results concluded that the victim as the injured party can apply for compensation as regulated in Article 26 paragraphs (1) and (2) of the ITE Law. Legal protection for victims of the distribution of personal data carried out by online loan service providers is that the state has not provided guarantees of protection to service users because regulations regarding personal data are still sectoral so they are not yet effective and are still spread across several settings, this means that the protection of personal data is not optimal at all person to ensure the basic right for citizens to live safely
Sanksi Publisitas Dalam Bentuk Pidana Pengumuman Putusan Pengadilan Terhadap Korporasi Pelaku Perdagangan Orang Ivanna Eltiara Cahyani; Amrullah, Arief; Dina Tsalits Wildana
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.51-66.2024

Abstract

Indonesia ratified the Law Number 21 of 2007 on the Eradication of Criminal Acts of Trafficking in Persons (UUPTPPO) which contains comprehensive regulations that expand the scope of perpetrators by including corporations. Fine penalty only has a financial impact and is considered as business loss for corporations. In addition, the additional penalties provided for by the law do not have much impact on corporations as they can still operate without a license. The trend of corporations to seek maximum profit, coupled with the lack of knowledge of victims about the modes of human trafficking crimes, makes it necessary to impose additional penalties such as the announcement of the court's decision. This study aims to explain the urgency of the announcement of the court's decision as an additional penalty and to provide ideas for its implementation scheme. The research results show that the announcement of the court's decision is a formal publicity sanction that has never been applied in Indonesia. As input to fill the legal vacuum, limited formal publicity sanction mechanisms can be used as a reference for implementation. Through such a mechanism, the announcement of the court's decision is aimed at lowering the reputation and inducing government intervention.
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
Studi Perbandingan Terhadap Rumusan Pidana Mati Pada Kitab Undang Undang Hukum Pidana Dengan Undang Undang Nomor 01 Tahun 2023 Tentang Kitab Undang Undang Hukum Pidana Aritonang, David Rioland; Ismansyah; Elvandari, Siska
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.1-15.2024

Abstract

There is a comparison the regulation of the formulation of the death penalty between the Indonesian Criminal Code and Law Number 01 of 2023 concerning the Criminal Code. The research method used is normative juridical, which is a research method using library literature, which consists of books, laws, scientific works, and various kinds of library literature. The data sources used are primary, secondary and tertiary legal data. The implementation of the death penalty based on Law No.02/PNPS/1964 concerning the Implementation of the Death Penalty, namely that the death penalty imposed in general justice or military justice is carried out by being shot to death. A comparison of the formulation of the death penalty between the Old Criminal Code and the National Criminal Code is that the death penalty can be changed to life imprisonment if the convict behaves well during the 10 years in prison, the death penalty is no longer included in the basic criminal category and becomes an alternative (special) punishment, the regulation of delaying the death penalty Pregnant women, breastfeeding mothers and mentally ill people are included in the National Criminal Code, the death penalty in the National Criminal Code prioritizes human rights, the regulation of the death penalty in the National Criminal Code is more modern, advanced and follows Indonesian legal culture
Pelaksanaan Asesmen Risiko dan Asesmen Kebutuhan Terhadap Narapidana Narkotika Di Lapas Narkotika Kelas III Sawahlunto Ahmad Pajri; Nelwitis
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.42-50.2024

Abstract

Carrying out risk and needs assessments as regulated in Article 36 Paragraph 4 of Law Number 22 of 2022 concerning Corrections is related to the need for guidance, the risk of running away, the risk of danger to other people and the mental physical and psychological health of correctional inmates. For inmates at Lapas Narkotika Kelas III Sawahlunto, this assessment is carried out by the Bapas Klas I Padang. The analysis and discussion of this research uses an empirical juridical approach using field research and interviews with informants. The research results showed that risk and needs assessments were carried out using several instruments such as the Prisoner Placement Screening Instrument (ISPN), the Indonesian Recidivism Risk Assessment Instrument (RRI) and the Criminogenic Needs Assessment. The results of the assessment are recommendations in nature but should be implemented by the prison in order to determine the prisoner development program. The obstacles faced in carrying out this risk and needs assessment are related to the distance between the Bapas Klas I Padang and the Lapas Narkotika Kelas III Sawahlunto, the lack of budget and lack of coordination, as well as the inactivity of the Bapas Post which causes the wide working area of ​​the Bapas Klas I Padang
Upaya Meminimalkan Adanya Disparitas dalam Penjatuhan Putusan Pemidanaan dalam Perkara Tindak Pidana Korupsi di Indonesia Metya Mutiara Cahyani
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.67-74.2024

Abstract

Problems regarding the execution of sentences obtained for corruptors recently become attractive spotlight in the eyes of the public. In the debate, many sentences for corruptors are the center of the general debate because there is a tendency for corruptors to have sentences that are considered light with the losses caused by these corruptors. Especially if they find significant differences in sentences (disparities), for corruption cases which are more or less the same and worthy of comparison. Therefore, it is necessary to know the factors of the large number of disparities in the sentencing of corruption and efforts are needed to zoom out or deal with it. This research was compiled using normative legal research, namely research based on legal materials (library based) which focuses on reading and studying primary and secondary legal materials. The approach in this study is a comparative legal approach (comparative law approach). Factors that continue to influence the emergence of disparities in the imposition of criminal convictions on Corruption Crime Cases in Indonesia are influenced by the legal system, legislation in Indonesia, factors originating from the judges themselves, factors originating from criminal events, and factors arising from not the existence of joint rules/guidelines in the imposition of sentencing
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.

Page 2 of 3 | Total Record : 28

 1   2   3 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 1 (2025) Vol. 2 No. 2 (2024) Vol. 2 No. 1 (2024) Vol. 1 No. 2 (2023) Vol. 1 No. 1 (2023)