Delicti : Jurnal Hukum Pidana Dan Kriminologi最新文献

{"title":"Pelaksanaan Asesmen Risiko dan Asesmen Kebutuhan Terhadap Narapidana Narkotika Di Lapas Narkotika Kelas III Sawahlunto","authors":"Ahmad Pajri, Nelwitis","doi":"10.25077/delicti.v.2.i.1.p.42-50.2024","DOIUrl":"https://doi.org/10.25077/delicti.v.2.i.1.p.42-50.2024","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141366975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penyelesaian Tindak Pidana Penganiayaan Melalui Hukum Pidana Adat Di Kecamatan Koto Baru Kota Sungai Penuh Provinsi Jambi","authors":"Arifwan Fatwa Dinata, Nelwitis, Edita Elda","doi":"10.25077/delicti.v.2.i.1.p.16-27.2024","DOIUrl":"https://doi.org/10.25077/delicti.v.2.i.1.p.16-27.2024","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"21 43","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141379992","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Bagi Korban Penyebaran Data Pribadi Oleh Penyedia Jasa Pinjaman Online Illegal dalam Perspektif Viktimologi","authors":"M. Subhan, Nabila Ihza, Nur Muttaqi","doi":"10.25077/delicti.v.2.i.1.p.28-41.2024","DOIUrl":"https://doi.org/10.25077/delicti.v.2.i.1.p.28-41.2024","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"19 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141379888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"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","authors":"David Rioland Aritonang, Siska Elvandari, Hukum Pidana, Ismansyah, Yussy Adelina, Siska Mannas, Kepastian Hukum Elvandari, Terhadap Mahasiswa, Keperawatan","doi":"10.25077/delicti.v.2.i.1.p.1-15.2024","DOIUrl":"https://doi.org/10.25077/delicti.v.2.i.1.p.1-15.2024","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141381509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tantangan Pemberian Kewenangan Bagi Penyidik Pejabat Pegawai Negeri Sipil (PPNS) Kehutanan Sumatera Barat Pada Tindak Pidana Pencucian Uang","authors":"Tantangan Pemberian, Kewenangan Bagi, Penyidik Pejabat, Pegawai Negeri, Sipil Kehutanan, Sumatera Barat, Pada Tindak, Pidana Pencucian, Uang Annisa’un, Rasiqah","doi":"10.25077/delicti.v.1.i.2.p.15-25.2023","DOIUrl":"https://doi.org/10.25077/delicti.v.1.i.2.p.15-25.2023","url":null,"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.","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"118 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139179571","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pelaksanaan Penyidikan Pelaku Tindak Pidana Kekerasan Seksual dalam Lingkup Keluarga di Wilayah Hukum Polresta Padang","authors":"Mutia Oktavia","doi":"10.25077/delicti.v.1.i.2.p.45-53.2023","DOIUrl":"https://doi.org/10.25077/delicti.v.1.i.2.p.45-53.2023","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"506 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139179161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penegakan Hukum Tindak Pidana Pemerasan Dengan Ancaman Dalam Pembangunan Properti Di Kota Padang","authors":"Kevin Lie, Aria Zurnetti, Edita Elda","doi":"10.25077/delicti.v.1.i.2.p.54-62.2023","DOIUrl":"https://doi.org/10.25077/delicti.v.1.i.2.p.54-62.2023","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"153 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139179276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tinjauan Kriminologis Terhadap Faktor-Faktor Penyebab Terjadinya Tindak Pidana Dibidang Perikanan Dan Penanggulangannya Di Laut Kabupaten Bintan","authors":"H. Alhadi, Nelwitis, I. Kurniawan","doi":"10.25077/delicti.v.1.i.2.p.26-35.2023","DOIUrl":"https://doi.org/10.25077/delicti.v.1.i.2.p.26-35.2023","url":null,"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","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139179013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan Electronic Traffic Law enforcement (ETLE) Terhadap Pelanggaran Lalu Lintas Di Wilayah Hukum Polresta Padang","authors":"Oktara Roberto, Yandriza","doi":"10.25077/delicti.v.1.i.2.p.36-44.2023","DOIUrl":"https://doi.org/10.25077/delicti.v.1.i.2.p.36-44.2023","url":null,"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.","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"49 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139180131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan PERMA Nomor 1 Tahun 2020 Dalam Perkara Tindak Pidana Korupsi","authors":"Divani Fajria Hadi, Efren Nova","doi":"10.25077/delicti.v.1.i.2.p.1-14.2023","DOIUrl":"https://doi.org/10.25077/delicti.v.1.i.2.p.1-14.2023","url":null,"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.","PeriodicalId":504464,"journal":{"name":"Delicti : Jurnal Hukum Pidana Dan Kriminologi","volume":"4 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139184969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}