scholarly journals The Paradigm of Cyberporn On Legal Culture and Religion Perspective

2017 ◽  
Vol 5 (1) ◽  
pp. 75-88
Author(s):  
Prima Angkupi

Indonesia as the largest Muslim country should ideally have a society with good legal culture. Criminal offense or a violation related to cyberporn, does not need to happen. Cyberporn crime is not only a legal issue, but it is more complex. The weakness of the legislation, as well as the technological advances that are supported by the low legal awareness of society, it will difficult to tackle the cyberporn crime. The role of religion is needed as ethical teachings. Indonesia, which recognizes the principle of the Deity as its first principle, mean idealizing the condition of religious society. Awareness of the law will also be easily formed in communities that implement the teachings of their religion well, including public awareness for not accessing the cyberporn. : Indonesia sebagai Negara umat muslim terbesar idealnya memiliki masyarakat dengan budaya hukum yang baik. Tindak pidana atau bentuk pelanggaran yang berkaitan dengan cyberporn tidak perlu terjadi. Kejahatan cyberporn tidak hanya merupakan permasalahan hukum, tetapi lebih kompleks. Kelemahan peraturan perundang-undangan serta kemajuan teknologi yang didukung dengan kesadaran hukum masyarakat yang sangat rendah mengakibatkan akan sulit menanggulangi kejahatan cyberporn. Peran agama dibutuhkan sebagai sebuah ajaran etika. Indonesia yang mengakui sila Ketuhanan sebagai sila pertamanya, berarti mengidealkan kondisi masyarakat Indonesia yang religius. Kesadaran terhadap hukum pun juga akan mudah dibentuk dalam masyarakat yang mengamalkan ajaran agamanya dengan baik, termasuk kesadaran masyarakat untuk tidak mengakses cyberporn.    DOI: 10.15408/jch.v5i1.3509

2018 ◽  
Vol 27 (1) ◽  
pp. 74-86 ◽  
Author(s):  
Adisaputri Gianisa ◽  
Loic Le De

Purpose Over the last few years, there has been an increase of research interest on the role of religion in disaster. While some emphasize the positive role of religions during and after disasters, others rather point out that religion may lead to low perception of risk and create a fatalistic attitude in the face of such events. The purpose of this paper is to contribute to the vivid debate on the role of religious beliefs and practices in disaster response and recovery, using the earthquake that hit Padang city in Indonesia in 2009. Design/methodology/approach A review of reports and policy documents published by the government and non-government organizations was done to understand external aid provided during and after the 2009 earthquake. Fieldwork was conducted from April to May 2016 in Padang city. Interviews were done with religious followers and leaders of the Muslim community, as the main religion in the country, and Confucians community, as the biggest minority in the area. Findings Drawing on interviews done with religious followers and leaders, the study highlights that religious beliefs and practices bond local people together and contributed to successful coping with disasters. It also emphasizes that religious communities can fill response and recovery gaps, such as when external intervention is limited. Practical implications Religious beliefs and practices, combined with other mechanisms, should be integrated within disaster risk reduction disaster management and activities as this would help build more resilient communities. Originality/value Indonesia is a country where religion is very important, being the biggest Muslim country worldwide. It is also highly vulnerable to natural-hazards related disasters. Yet, little research has been done in Indonesia on the role of religion during and after disasters. This paper aims to explore the role of religious beliefs and practices in disasters in the area where religion plays an important role in people’s everyday life.


2018 ◽  
Vol 28 (3) ◽  
pp. 281-302 ◽  
Author(s):  
Ana Aliverti

This article explores the place of law and legality in the formation of British national identity and its reproduction (and contestation) inside the courtroom. It draws on sociolegal scholarship on legal culture, legal consciousness and ‘law and colonialism’ to shed light on the cultural power of the law to forge national subjectivities. The law does more than adjudicating justice and imposing sanctions. Its symbolic power lies in its capacity to construct legal subjectivities, of both individuals and nations. Through the law and its categories, people make sense of the social world and their position in it. The law can articulate national identities by expressing who we are and who we would like to be as a nation. By exploring the place of the law in discourses of British nationhood, this article contributes to our understanding of the ideological role of the law in reifying racial and global hierarchies. It also sheds light on how the boundaries of belonging can be unsettled through law’s power.


2016 ◽  
Vol 1 (1) ◽  
pp. 9
Author(s):  
Simona Bustani

Currently, traditional design violations often occur that impact on economic losses. This remained the case even though Indonesia has a law design. One problem is the lack of effective implementation of the law in protecting traditional designs Celuk Silver. Therefore, how the impact of the law against legal culture transplant community craftsmen silver in Celuk Gianyar Bali in protecting traditional design in the era of globalization? How efforts to improve the legal culture community silversmith in Celuk Gianyar Bali in protecting traditional design motif in the era of globalization? For that type of normative legal research used socio-legal approach, the nature of descriptive research. Analyzed qualitatively. Law transplanted modern laws that have an impact on culture clash the laws of society that is sketched on the level of public knowledge silversmith about a law design only 20 %, while the related understanding silversmith about the content of the regulation 10%, while revenues silversmith against a law design only 8 %, and community artisans who did not know about a law design is 45 %, the remaining 17 % abstained. Therefore, efforts need to be done is to from a team to the youth Bali socializing, exploring, involving institutional organizations associated Balinese silversmiths in Bali to collect data and to receive input on drafting regulations that support protection of traditional craft design motif. However, the role of local government and communities had not been sufficient to achieve maximum results. Therefore, maximum effort is needed in doing the role of the central government in providing facilities and infrastructure for data collection by involving community organizations and local government silversmith preparing the legislation relating to the protection of traditional design motif silver Celuk Bali representing regional assets.


2020 ◽  
Vol 1 (2) ◽  
pp. 38-47
Author(s):  
M. Ryanindityo ◽  
Fachrizza Sidi Pratama

As a form of increasing public understanding of immigration law and awareness to report on foreign nationals in their territory, the Directorate General of Immigration especially the Immigration Office has the obligation to conduct legal counseling to the people in their area, to assist in the oversight and implementation of article 72 of the law. number 6 in 2011. Especially after the issuance of presidential regulation number 21 of 2016 concerning visa-free visitation, where the addition of non-visa user countries automatically increases the number of foreign nationals entering Indonesia. Community understanding is highly expected regarding immigration functions and how they play a role in carrying out these functions. Collaboration on the role of immigration and related institutions especially the community is needed in carrying out supervision and reporting in order to uphold the country's sovereignty.


2010 ◽  
Vol 43 (3) ◽  
pp. 479-513 ◽  
Author(s):  
David Nelken

This Article discusses the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. In the first part it offers a critical discussion of what is entailed by speaking of a “shortfall” of enforcement in dealing with the social problem of human trafficking. It then goes on to show that there are two competing narratives of this problem and of the way it is being responded to, and explains why we need to learn more about the interests and values that condition the “law in action.” In the last section the Article discusses the potential relevance of the idea of the “legal culture” for explaining the patterns of “law in action” in different countries and different agencies. The Article's overall aim is to show the existence of a link between the manner in which the problem of trafficking is socially defined in practice, and the role of legal culture in shaping this link.


2012 ◽  
Vol 71 (2) ◽  
pp. 287-296 ◽  
Author(s):  
Philip Sales

AbstractThe legislature gives effect to the values of democracy and compromise in a pluralist society, but the legislation it produces is mediated in its application by the values inherent in the legal culture into which it is received. The judges complete the law promulgated by Parliament by applying it. In articulating the common law also, the judges act within the bounds of objective standards supplied by legal and political traditions, with a limited legislative role. The legislative role of the judges in applying statutes has been enhanced by the interpretive obligations applicable in areas where EU and ECHR law operates.


2018 ◽  
Vol 2 (2) ◽  
pp. 258-272
Author(s):  
Jerzy Leszczyński

The article presents the role of values and evaluation practices in Jerzy Wróblewski`s legal theory. An overview of the theory includes here the interpretation and the application of the law, in both of which Wróblewski shows the axiological choices made by a lawyer. These choices are only partly limited by the interpretative directives, those generally accepted in a legal culture. The author of the article describes the two ideologies (normative theories), distinguished by Wroblewski, of the legal interpretation (and of the application of the law), which are contradictory to each other as they refer to opposing values: legal certainty and flexibility of law. A third type of ideology, identified by Wróblewski refers to the value of rationality and tries to mitigate the contradictions of the previous two. Some similarities between Wróblewski`s legal theory and the theory of H.L.A.Hart may allow to treat him as the co-founder of a sophisticated version of legal positivism.


2020 ◽  
Vol 1 (2) ◽  
pp. 283-296
Author(s):  
Zaufi Amri ◽  
Ahyuni Yunus Yunus ◽  
Baharuddin Badaru

Penelitian ini bertujuan untuk menganalisis pernanan Polri dalam Penanganggulangan Tindak Pidana Narkotika di Kabupaten Gorontalo. Metode penelitian menggunakan metode penelitian yuridis-sosiologis. Hasil penelitian bahwa efektivitas fungsi polisi dalam penyidikan tindak pidana narkotika di kota Gorontalo masih kurang efektif. Hal ini terbukti dengan semakin meningkatnya peredaran gelap maupun penyalahgunaan narkotika. Adapun upaya polisi saat ini dapat digolongkan menjadi tiga bagian yaitu secara preventif, pre-emtif, dan represif. Namun upaya-upaya ini belum efektif karena kurangnya kesadaran masyarakat akan bahaya penyalahgunaan narkotika serta mudahnya narkotika didapatkan oleh masyarakat. Sedangkan faktor-faktor yang mempengaruhi peranan kepolisian dalam menanggulangi peredaran gelap narkotika di Gorontalo antara lain: faktor substansi hukum, faktor struktur hukum, faktor sarana dan prasarana, faktor masyarakat, dan faktor kebudayaan hukum. This study aims to analyze the role of the National Police in the Management of Narcotics Crime in Gorontalo District. The research method uses juridical-sociological research methods. The results showed that the effectiveness of the police function in investigating narcotics crime in Gorontalo city is still not effective. This is evidenced by the increasing number of illicit trafficking and drug abuse. The current police efforts can be classified into three parts, namely preventive, pre-emptive, and repressive. However, these efforts have not been effective because of the lack of public awareness of the dangers of narcotics abuse and the ease with which narcotics are obtained by the community. Meanwhile, the factors that influence the role of the police in overcoming illicit narcotics trafficking in Gorontalo include: legal substance factors, legal structure factors, facilities and infrastructure factors, community factors, and legal culture factors


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