Delicti : Jurnal Hukum Pidana Dan Kriminologi

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

David Rioland Aritonang, Ismansyah, Siska Elvandari — Thu, 06 Jun 2024 00:00:00 +0700

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

Penyelesaian Tindak Pidana Penganiayaan Melalui Hukum Pidana Adat Di Kecamatan Koto Baru Kota Sungai Penuh Provinsi Jambi

Arifwan Fatwa Dinata, Nelwitis, Edita Elda — Thu, 06 Jun 2024 00:00:00 +0700

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

Perlindungan Hukum Bagi Korban Penyebaran Data Pribadi Oleh Penyedia Jasa Pinjaman Online Illegal dalam Perspektif Viktimologi

Nabila Ihza Nur Muttaqi, Muhammad Subhan — Thu, 06 Jun 2024 00:00:00 +0700

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

Pelaksanaan Asesmen Risiko dan Asesmen Kebutuhan Terhadap Narapidana Narkotika Di Lapas Narkotika Kelas III Sawahlunto

Ahmad Pajri, Nelwitis — Sun, 09 Jun 2024 00:00:00 +0700

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

Sanksi Publisitas Dalam Bentuk Pidana Pengumuman Putusan Pengadilan Terhadap Korporasi Pelaku Perdagangan Orang

Ivanna Eltiara Cahyani, Arief Amrullah, Dina Tsalits Wildana — Thu, 13 Jun 2024 00:00:00 +0700

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.

Upaya Meminimalkan Adanya Disparitas dalam Penjatuhan Putusan Pemidanaan dalam Perkara Tindak Pidana Korupsi di Indonesia

Metya Mutiara Cahyani — Tue, 30 Jul 2024 00:00:00 +0700

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