Delicti : Jurnal Hukum Pidana Dan Kriminologi

Penegakan Hukum Pidana Terhadap Illegal Drilling Dan Dampak Lingkungannya Di Kabupaten Batanghari

Cintria Windy Septiana — 2026-09-18

Illegal drilling a law enforcement problem involving not only unauthorized oil and gas exploitation but also recurring criminal activities, financier networks, enforcement limitations, and risks to environmental quality and public safety. This study aims to examine criminal law enforcement against illegal drilling in Batanghari Regency, identify factors that hinder its effectiveness, and analyze its environmental and public safety impacts. This research employs a juridical-empirical method with a descriptive-analytical approach, combining statutory, conceptual, and field approaches. The findings demonstrate that law enforcement has been conducted through preventive and repressive measures; however, its effectiveness remains constrained by geographical conditions, limited human resources and facilities, socio-economic factors, inter-agency coordination, and difficulties in identifying financiers and controllers of illegal operations. The recurrence of illegal drilling indicates that enforcement focused primarily on field workers has not sufficiently disrupted the financing structures and networks underlying the activities. Furthermore, illegal drilling poses significant risks of soil and water pollution, vegetation damage, fire, explosion, and threats to public safety. This study proposes an integrated enforcement model based on network disruption, environmental restoration, and social prevention to strengthen deterrence and prevent recurrence

Urgensi Pengaturan Khusus Terhadap LGBT Dalam Perspektif Hukum Pidana Indonesia

Gunawan Apriyaldi — 2026-09-21

This study aims to compare it with several countries that reject LGBT, as well as provide an idea of the urgency of establishing special arrangements for LGBT in Indonesia. This study uses a normative juridical research method with the nature of analytical descriptive research. The results of the study show that the regulation regarding LGBT in Indonesian criminal law has not been specifically regulated and is still partial, so it has not provided legal certainty in its handling. The emergence of the National Criminal Code provides an opportunity for Regional Governments to make their customary rules related to LGBT. Countries that reject LGBT generally base their policies on religious, cultural, moral values of society, and the interests of public order. Based on the facts of Indonesia today, Indonesia should make its own rules related to LGBT, which prohibit LGBT, and make Government Regulations as a bridge in making Regional Regulations in Indonesia so that these LGBT actors can be subject to customary sanctions, because the current practice of Government Regulations related to Regional Government Guidelines to make Customary Regulations does not exist, so that with the existence of customary rules, community and local governments can handle this LGBT-related case. Then the Central Government, especially the Ministry of Communication and Information, blocked all access related to LGBT on social media

Model Perlindungan Berlapis : Tata Kelola Migrasi Pekerja Migran Sebagai Upaya Dekonstruksi Pencegahan Perdagangan Orang

Ni Putu Tya Suindrayani — 2026-10-08

This study questions the remittance-focused policy paradigm, where economic interests often overshadow essential protections for migrant workers. The state tends to respond reactively (repatriating victims) after exploitation occurs, rather than adopting preventive measures to stop people from falling prey to human trafficking. Using a qualitative method and a normative juridical approach that is both descriptive and prescriptive, this study identifies significant legal gaps that call for tighter regulation. It emphasizes the urgent need for policy reform, shifting from a model that views "placement as a source of foreign exchange" to a proactive, human rights-based protection framework and suggests a comprehensive protection model covering the entire migrant worker cycle, from prerecruitment to postplacement. The findings expose regulatory gaps related to recruitment crimes, a tendency to criminalize migrant workers who bypass official procedures, and a lack of coherence in criminal justice policies all of which create opportunities for exploitation by transnational syndicates. To break the cycle of modern slavery, this study calls on the state to become a proactive protector that prioritizes human rights above all else. Additionally, it proposes an operational framework a multi-layered protection model covering five key stages: predeparture, transit, destination country, repatriation, and postrepatriation. These efforts must be supported by legal reforms, strong action against corporate offenders, international diplomacy, and grassroots community empowerment, ensuring human dignity is no longer diminished by mere economic commodification

Penegakan Hukum Terhadap Pelaku Tindak Pidana Perdagangan Telur Penyu Sebagai Satwa Liar Yang Dilindungi Di Kota Padang

Nadia Nanda Putri — 2026-10-10

The illegal trade in sea turtle eggs, a protected wildlife species, continues to occur in Padang City despite the existence of legal prohibitions and criminal sanctions governing such activities. This study aims to analyze law enforcement against the criminal offense of sea turtle egg trafficking and to examine the problems that hinder its effective enforcement. The research questions addressed in this study concern the implementation of law enforcement against perpetrators of the criminal offense of trading sea turtle eggs as protected wildlife in Padang City, as well as the problems encountered in enforcing the law against such offenses. This study employs an empirical juridical method with a descriptive-analytical approach through field observations, interviews, analysis of relevant legislation, and examination of law enforcement data. The results indicate that law enforcement has not been effective. Although the Law on the Conservation of Living Natural Resources and Their Ecosystems expressly prohibits the trade in sea turtle eggs, law enforcement measures have generally been limited to preventive actions and confiscation, without proceeding to the stages of investigation and prosecution. The obstacles to effective law enforcement include legal factors, weak inter-agency coordination, low public legal awareness, and economic factors. Therefore, strengthening law enforcement, improving inter-agency coordination, enhancing the capacity of law enforcement personnel, and increasing public education are necessary to ensure more effective protection of sea turtles and their eggs