scholarly journals Perbandingan Pemberian Sanksi Pencemaran Nama Baik di Media Sosial antara Indonesia dan Arab Saudi

ADALAH ◽  
2020 ◽  
Vol 4 (3) ◽  
Author(s):  
Anisa Mufida
Keyword(s):  
Saudi Arabia ◽  
Press Freedom ◽  
Criminal Prosecution ◽  
Electronic Transactions ◽  
The Law ◽  
The Republic ◽  
One Year ◽  
The Right

AbstractArticle 27 paragraph (3) and Article 45 Paragraph (1) of the Law on Information and Electronic Transactions Number 11 of 2008 regulates criminal prosecution of defamation in the Republic of Indonesia, whereas in Saudi Arabia stipulates it in article 3 which states a sentence of imprisonment for a term no more than one year and a fine not exceeding five hundred thousand riyals (2 billion), or one of these two sentences. Judges in Indonesia usually impose conditional penalties for defendants of defamation by considering press freedom and opinion, the rights of consumers and patients, and the right to obtain information before convicting convictions, in contrast to Saudi Arabia which provides final decisions in accordance with applicable law.Keywords: Defamation, ITE, Judges.AbstrakPasal 27 ayat (3) dan Pasal 45 Ayat (1) UU ITE mengatur tentang pemidanaan pencemaran nama baik di negara Republik Indonesia, sedangkan di Arab Saudi menetapkannya dalam pasal 3 yang menyatakan Hukuman penjara untuk jangka waktu tidak lebih dari satu tahun dan denda tidak melebihi lima ratus ribu riyal (2 milyar), atau salah satu dari dua hukuman ini. Hakim di Indonesia biasanya menjatuhkan  pidana  bersyarat  bagi  terdakwa pencemaran nama baik dengan  mempertimbangkan kemerdekaan pers dan berpendapat, hak konsumen dan pasien, serta hak untuk mendapatkan informasi sebelum menjatuhkan putusan pemidanaan, berbeda dengan Arab Saudi yang memberikan putusan akhir sesuai dengan undang-undang yang berlaku.Kata Kunci : Pencemaran Nama Baik, ITE, Hakim.

Media Law

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Press Freedom ◽  
Freedom Of Information ◽  
High Profile ◽  
The Right To Privacy ◽  
Electronic Transactions ◽  
The Press ◽  
Information Law ◽  
The Media ◽  
The Law ◽  
The Right

The Indonesian media is vibrant and expanding, although ownership concentration is a significant problem. This chapter describes the regulatory framework governing the media that was developed after Soeharto’s system of tight control was abolished. It pays particular attention to the Press Council and the Indonesian Broadcasting Commission. It also covers journalists’ associations, press freedom, censorship, and the right to privacy; and the law of defamation and related provisions in the law on electronic transactions and information. Freedom of information law and laws protecting state secrets are also covered. The chapter discusses two high-profile defamation cases that created controversy in Indonesia—those involving Prita Mulyasari and Tommy Soeharto. These reveal serious flaws in the current legal regime governing the media in Indonesia.

scholarly journals The Architecture of Mevlevi Buildings, One of the Dervish Houses in the Ottoman Geography

2019 ◽  
Vol 2 (4) ◽  
pp. 307
Author(s):  
Hasan Şehmuz Haştemoğlu ◽  
Engin Kepenek
Keyword(s):  
Saudi Arabia ◽  
Thirteenth Century ◽  
16Th Century ◽  
13Th Century ◽  
Islamic Architecture ◽  
Architectural Style ◽  
Turkish Republic ◽  
The Law ◽  
The Republic ◽  
Republic Of Turkey

The Mevlevism order was established in the Seljuk period in Anatolia in the thirteenth century. After the death of Mevlana Celaleddin-i Rumi, his son Sultan Veled systemized his father's thoughts and created his own rules and brought the rituals to a ceremony in the form of sema ceremonies. Sultan Veled gave the name “Mevlevism” to his sect and was called “Mevlevihan” to his Dervish Houses. Nearly 140 Mevlevihane building was established in a wide geography which its east is in Tabriz (Iran), west is in Pecu (Hungary), north is in Gözleve (Ukraine), South is in Cairo (Egypt) and Mecca in Saudi Arabia. Nearly 80 of these Dervish Houses remained in the Republic of Turkey. After the declaration of Turkish Republic, these Dervish Houses were closed in 1925 by the law of “closure Tekkes and Zaviyes”, no. 677. There are two kinds of Mevlevihan, which are “Asitane” and “Zaviye”. Mevlevihan called Asitane are the main Dergahs which are full-fledged and has removing “ordeal” possibilities. The number of Asitane constructions is around 15 in all Mevlevihan buildings. Another Mevlevihan building is Zaviye. Zaviye were ruled by Mevlevi, who has the title of “şeyh” and “dede”. Many of the Mevlevihan become a historical monument because of their architectural style and construction date. However, most of these structures have been ruined over the years. Apart from a small number of Mevlevihan, which was established as "Külliye", "Semahane" parts of these Mevlevihan were used as mosques and remained up to date. When the architectural programs of the Mevlevihans are examined, it is seen that the Mevlevihans, which were settled down in 13th century have an architectural program after the 16th century and they take Konya Mevlana Dergah as an example. However, it is not possible to mention about same sized and specified spaces in all the Mevlevihans. There are similar sections only in the large- scale Mevlevihans which are “Asitane” status. In this study, an evaluation and classification study was carried out on the architectural formation of the Mevlevihans one of the Dervish constructions in Islamic architecture which attracted attention with its wide geography.

scholarly journals The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

2018 ◽  
Vol 150 ◽  
pp. 05053
Author(s):  
Faten Mohmed Alqahtani ◽  
Amani Ali ◽  
Abdulrahman M.A.AlBelihi ◽  
Metwally Ali
Keyword(s):  
Human Rights ◽  
Saudi Arabia ◽  
Justice System ◽  
Criminal Procedure ◽  
International Human Rights ◽  
Legal Representation ◽  
International Human ◽  
The Law ◽  
The Right ◽  
Human Rights Standards

Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1) The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2) The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3) The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

scholarly journals PENERAPAN ASAS KONSENSUALISME DALAM PERJANJIAN JUAL BELI ONLINE

2020 ◽  
Vol 8 (8) ◽  
pp. 1138
Author(s):  
Ni Putu Ayu Bunga Sasmita ◽  
I Wayan Novy Purwanto
Keyword(s):  
Research Methods ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Basis ◽  
Legal Research ◽  
Electronic Transactions ◽  
Online Trading ◽  
The Law ◽  
The Republic

Penelitian ini bertujuan untukemahami bagaimanakah pengaturan jual beli online dalam hukum di Indonesia dan bagaimanakah aspek hukum jual beli secara online dalam perjanjian.  Penelitian ini, menggunakan metode penelitian hukum normatif. Sedangkan pendekatan yang digunakan adalah menggunakan pendekatan fakta dan statute approach. Hasil penelitian ini menunjukan bahwa pengaturan mengenai jual beli secara online diatur dalam ketentuan Pasal 18 ayat (1) Undang-Undang Republik Indonesia Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik, yang mana sebagai penerapan pasal 1313 KUHPerdata. Para pihak yang mengadakan perjanjian bisa menerapkan KUHPerdata yang jadi dasar diakui sahnya perjanjian dimana keabsahannya tercantum syarat 1320 KUHPerdata yakni:   kecakapan, kesepakatan, suatu sebab yang halal dan suatu hal tertentu.Sedangkan penerapan asas Konsensualisme dalam perjanjian online yang didasarkan oleh ketentuan dalam Pasal 1313 KUHPerdata yang menegaskan bahwa adanya suatu perjanjian berarti pihak satu dengan pihak lainnya setuju untuk mengikatkan dirinya.   This study aims to understand how the online arrangement in the sale and purchase agreement and how the legal aspects of buying and selling online in the agreement. This research uses normative legal research methods. While the approach used is to use the fact approach and statute approach. The results of this study indicate that the regulation regarding online trading is regulated in the provisions of Article 18 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions, which is the legal basis for applying article 1313 of the Civil Code. The parties who entered into the agreement can apply the KUHPer which is the basis for the validity of the agreement where the validity is stated in the terms of the 1320 KUHPer, namely: skill, agreement, a halal cause and a certain thing. While the application of the principle of consensualism in an online agreement based on the provisions in Article 1313 of the KUHPer which confirms that an agreement means that one party with another party agrees to bind themselves.

scholarly journals URGENSI PEMBENTUKAN UNDANG-UNDANG HAK ANGKET DPR RI (THE URGENCY OF MAKING THE LAW ON THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA)

2017 ◽  
Vol 8 (2) ◽  
pp. 177-194
Author(s):  
Novianto Murthi Hantoro
Keyword(s):  
Judicial Review ◽  
House Of Representatives ◽  
Constitutional Court ◽  
Current Regulation ◽  
Presidential System ◽  
Subject And Object ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
The Right

Prior to the decision of the Constitutional Court (MK), the implementation of the right to inquiry was regulated in two laws, namely Law No. 6 of 1954 on the Establishment of the Rights of Inquiry of the House of Representatives (DPR) and Law No. 27 of 2009 on MPR, DPR, DPD, and DPRD. Through proposal for judicial review, MK decided the Law on the Rights of Inquiry was null and void because it was not in accordance with the presidential system adopted in the 1945 Constitution. Today, the exercise of the right of inquiry is only based on Law on MPR, DPR, DPD, and DPRD. Nonetheless, the Amendment of Law No. 27 of 2009 into Law No. 17 of 2014 could not accommodate some substances of the null and void Law on the Rights of Inquiry. The urgency of the formulation of the law on the right to inquiry, other than to carry out the Constitutional Court’s decision; are to close the justice gap of the current regulation; to avoid multi-interpretation of the norm, for example on the subject and object of the right of inquiry; and to execute the mandate of Article 20A paragraph (4) of the 1945 Constitution. The regulation on the right to inquiry shall be formulated separately from the Law on MPR, DPR, DPD and DPRD, with at least several substances to be discussed, namely: definition, mechanisms, and procedure, as well as examination of witnesses, expert, and documents. AbstrakSebelum adanya putusan Mahkamah Konstitusi (MK), pelaksanaan hak angket diatur dalam dua undang-undang, yaitu Undang-Undang Nomor 6 Tahun 1954 tentang Penetapan Hak Angket DPR (UU Angket) dan Undang-Undang Nomor 27 Tahun 2009 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, dan Dewan Perwakilan Rakyat Daerah (UU MPR, DPR, DPD, dan DPRD). Melalui permohonan pengujian undang-undang, MK membatalkan keberlakuan UU Angket karena sudah tidak sesuai dengan sistem presidensial yang dianut dalam UUD 1945. Pelaksanaan hak angket saat ini hanya berdasarkan UU MPR, DPR, DPD, dan DPRD. Penggantian UU No. 27 Tahun 2009 menjadi UU No. 17 Tahun 2014 tentang MPR, DPR, DPD, dan DPRD ternyata tidak mengakomodasi beberapa substansi UU Angket yang telah dibatalkan. Berdasarkan hal tersebut, terdapat urgensi untuk membentuk Undang-Undang tentang Hak Angket DPR RI. Urgensi tersebut, selain sebagai tindak lanjut putusan MK, juga untuk menutup celah kekosongan hukum pada pengaturan saat ini dan untuk menghindari multi-interpretasi norma, misalnya terhadap subjek dan objek hak angket. Pengaturan mengenai hak angket perlu diatur di dalam undang-undang yang terpisah dari UU MPR, DPR, DPD, dan DPRD, dengan materi muatan yang berisi tentang pengertian-pengertian, mekanisme, dan hukum acara. Pembentukan Undang-Undang tentang Hak Angket diperlukan guna memenuhi amanat Pasal 20A ayat (4) UUD 1945.

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

scholarly journals Tinjauan Hukum Islam tentang Perlindungan Saksi dalam Undang-undang Perlindungan Saksi dan Korban Tahun 2006

2020 ◽  
Vol 22 (2) ◽  
pp. 302-324
Author(s):  
Muhammad Shafwan ◽  
M. Zayin Chudlori
Keyword(s):  
Islamic Law ◽  
Protection Agency ◽  
Sense Of Security ◽  
Victim Protection ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Article 5

This article aims to find out: (1) how is witness protection in Law of the Republic of Indonesia Number 13 of 2006 and witness protection in Islamic law? The results of the study concluded that; firstly, the protection of a witness in the Law of the Republic of Indonesia Number 13 of 2006 (Article 5) explains that a witness has the right to obtain protection for his personal, family, and property security, and is free from threats relating to testimony which will, is, or has given. The meaning of protection here is the efforts to fulfill the rights and provide assistance in the sense of security to witnesses that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions per the provisions of this law. Secondly, even though the mechanism for protecting a witness is not regulated in detail, but Islam highly appreciates a witness who is willing to give testimony in the disclosure of a case, namely by forbidding killing the witness.

scholarly journals Legal Aid by the State as a Constitutional Right of the Poor: Problems and Challenges in Indonesia

2021 ◽  
Vol 3 (2) ◽  
pp. 185-196
Author(s):  
Ari Wibowo ◽  
Michael Hagana Bangun
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
The State ◽  
Legal Aid ◽  
The Poor ◽  
The Supreme Court ◽  
The Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

The provision of legal aid is one way to realize access to law and justice for the poor people provided by the state on the mandate of the constitution. Several regulations regarding legal aid have been issued by the state through the Act and its implementing regulations as well as from the Supreme Court or the Constitutional Court through the Supreme Court Regulations and the Constitutional Court's decisions. Legal aid is the constitutional right of every citizen to guarantee legal protection and guarantee equality before the law stipulated in Law Number 16 of 2011, the State is responsible for recognizing and protecting the human rights of every individual without differing backgrounds so that everyone has the right to be treated equally before the law is contained in Article 28D of the 1945 Constitution of the Republic of Indonesia. For the poor who experience legal problems in the form of injustice, they can request legal assistance from legal aid institutions that are regulated in legislation. The purpose of providing legal aid is to guarantee and fulfill the right for Legal Aid Recipients to gain access to justice, to realize the constitutional rights of all citizens in accordance with the principle of equality in law, to ensure the certainty that the implementation of Legal Aid is carried out equally across the territory of the Republic of Indonesia. , and to create an effective, efficient and accountable court.

scholarly journals Community Organizational Supervision System in Indonesia

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Sri Endah Wahyuningsih ◽  
Keyword(s):  
Current System ◽  
The State ◽  
Government Control ◽  
Supervision System ◽  
Democratic State ◽  
Current Implementation ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
The Ideal

As a state of law as well as a democratic state, Indonesia guarantees and protects the right to freely express opinions and the right to organize in society. This in the end becomes the basis for every member of the community to be free to establish an Ormas. The freedom to establish these mass organizations in its development is not controlled due to the absence of real government control and supervision. This has resulted in many mass organizations being born into thugs and illegal organizations. This study aims to analyse the current system of supervision of mass organizations in Indonesia, the weaknesses in the current implementation of mass organizations, and the ideal reconstruction of a system of supervision of mass organizations capable of realizing a just law of mass organizations. The research in this dissertation uses the sociological juridical method. As for the results of the research conducted, it can be found that the current implementation of normative supervision has not been effective, as evidenced by the large number of problematic and prohibited mass organizations, weaknesses in the supervision of mass organizations in the community due to a legal vacuum in the regulation of supervision of mass organizations, so it is necessary to reconstruct values by conducting supervision and education. regarding the goals of mass organizations and the goals of the state and nation as well as legal reconstruction in the form of adding provisions for the supervision of mass organizations in the Law of the Republic of Indonesia Number 16 of 2017.

scholarly journals THE PORTRAYAL OF DEFAMATION CASE DEFENDANT IN COURT VERDICT

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Mahardhika Zifana ◽  
Iwa Lukmana ◽  
Dadang Sudana
Keyword(s):  
Critical Discourse Analysis ◽  
Data Interpretation ◽  
Criminal Code ◽  
Critical Discourse ◽  
Final Decision ◽  
Presumption Of Innocence ◽  
Social Actors ◽  
Electronic Transactions ◽  
The Law ◽  
The Republic

In Indonesia, the law that regulates defamation case is not only the Criminal Code but also the Law of the Republic Indonesia Number 11 of 2008 on Information Electronic Transactions (the ITE Law). From 2009 to 2014, the ITE Law has brought 71 defendants in courts as the suspects of defamation case. This overlapping law seems to be caused by many dimensions that can be used to see whether a person’s name can be ‘defamed’ due to someone else’s language productions. The complexity of defamation in Indonesia leads this study to look into its legal dimensions from a linguistic perspective. Conducted in the context of law in Indonesia, this research attempted to discover the portrayal of defamation case defendants in court verdicts. The data of the research were collected from the copies of court verdicts of two defendants of defamation case in Indonesia, settling in 2014 and 2015. The data were in the form of texts explaining the position of the defendants in their relation to the grounds for judge’s final decision. This research employed van Leeuwen’s  (2004) Critical Discourse Analysis as a framework to reveal social semiotic features depicting  and explaining  the construction and position of inclusion and exclusion of social actors in related discourses. Data interpretation and final conclusions unveil the existence of certain features that might violate the principle of presumption of innocence against defendants. This research also reveals marginalization of defendants in an effort to balance justice retributively and restoratively. The study indicates that the defendants turned to be the target of victimization in the production of court verdicts, while in fact, the law should place all subjects in equal positions before the delivery of such consequential decisions.

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