scholarly journals Law Enforcement of Criminal Defamation Through Electronic Media

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 263
Author(s):  
Septavela Gusti Putri ◽  
Echwan Irianto ◽  
Dodik Prihatin AN
Keyword(s):  
Law Enforcement ◽  
Electronic Media ◽  
Legal Rights ◽  
Legal Person ◽  
Electronic Information ◽  
Electronic Documents ◽  
The Public ◽  
Detailed Explanation ◽  
Electronic Transactions ◽  
The Right

Defamation through Electronic Media as regulated in Article 27 paragraph (3) of Law No. 19 of 2016 on amendments to Law No. 11 of 2008 on Information and Electronic Transactions does not explain in detail the elements of "insulting content and/or defamation;” therefore, the understanding of this term is subjective to the victim. Article 27 also includes the phrase "no rights," suggesting that victims' legal rights in response to defamation are limited. Even so, the Information and Electronic Transactions Law (ITE Law - Undang-Undang Informasi dan Transaksi Elektronik) itself does not provide a detailed explanation of these elements. The results found in this study are an objective criteria to assess whether electronic information or electronic documents which can be qualified as defaming. This study argues that defamation occurs if: (a) information or documents are built based on the clarity of the insulted person's identity; (b) the purpose of words is deemed insulting; (c) defamation is addressed to natural person or legal person (d) the content and context of each case, and (e) the allegations. In addition,  a person is said to have the right to commit criminal defamation if carried out in the public interest and by being forced to defend himself. Keywords: Criminal Defamation, Electronic Media, Indonesia

scholarly journals KEBIJAKAN PERLUASAN ALAT BUKTI HUKUM ACARA PIDANADALAM UPAYA MEWUJUDKAN KEPASTIAN HUKUM BERKEADILAN

2018 ◽  
Vol 19 (2) ◽  
pp. 199
Author(s):  
Ani Triwati ◽  
A. Heru Nuswanto ◽  
Endah Pujiastuti
Keyword(s):  
Law Enforcement ◽  
Constitutional Court ◽  
Electronic Document ◽  
Legal Certainty ◽  
Electronic Information ◽  
Electronic Documents ◽  
Procedural Law ◽  
Electronic Transactions ◽  
Witness Statements ◽  
Article 5

<em>One of the renewal of legal instruments in criminal procedural law is the expansion of evidence ie electronic information and / or electronic document and / or its printed outcome. Arrangement of evidence in criminal procedural law in Indonesia pursuant to Article 184 KUHAP, Article 5 paragraph (1) and (2) and Article 44 letter of Information and Electronic Transaction Act, covering witness statements, expert information, letters, instructions, defendants, electronic information and / or electronic documents and / or prints. The decision of the Constitutional Court Number 20 / PUU-XIV / 2016 that for electronic information and / or electronic document as evidence is done in the framework of law enforcement at the request of the police, prosecutor and / or other law enforcement institutions determined by law. Electronic information and / or electronic documents as evidence must be obtained in accordance with the provisions of Article 31 paragraph (3) of the Information and Electronic Transactions Act, this relates to the value of legal certainty and the value of justice for the litigant</em>

scholarly journals CULTURAL DEVELOPMENTS IN ELECTRONIC LAW ENFORCEMENT IN CRIMINAL ACTS OF THEORY IN INDONESIA

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Yusep Mulyana
Keyword(s):  
Law Enforcement ◽  
Public Prosecutor ◽  
Electronic Information ◽  
Electronic Documents ◽  
Legal Evidence ◽  
Electronic Evidence ◽  
Electronic Transactions ◽  
The Law ◽  
Article 5 ◽  
Material Requirements

The culture of proving electronic evidence in law enforcement of criminal acts of terrorism in Indonesia is Law Number 11 of 2008 concerning Information and Electronic Transactions ("UU ITE") which provides a legal basis for the legal culture of electronic and formal evidence and material. requirements for electronic evidence to be accepted in court. Electronic Evidence is Electronic Information and/or Electronic Documents that meet the formal requirements and material requirements stipulated in the ITE Law. Article 5 paragraph (1) of the ITE Law stipulates that Electronic Information and/or Electronic Documents and/or their printouts are legal evidence. The implementation of the regulation of electronic evidence in law enforcement of criminal acts of terrorism in Indonesia is the use of evidence in the form of wiretapping and video recordings which were actually applied in the 2002 Bali Bombing Case. 1 of 2002 concerning the Eradication of Criminal Acts of Terrorism. Despite the controversy, the Public Prosecutor emphasized that the reading of the statements of witnesses from Malaysia and Singapore who were unable to attend the trial was legal because it was in accordance with the description of the evidence in the law. The same is regulated in the Law on Information and Electronic Transactions. Article 5 states that electronic information and/or printed electronic information are legal evidence and have legal consequences. Of course, electronic information is declared valid if it uses an electronic system in accordance with the applicable laws and regulations.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

scholarly journals PEMBATASAN HAK ATAS INFORMASI ELEKTRONIK DALAM YURISDIKSI CYBERSPACE

2020 ◽  
Vol 1 (1) ◽  
pp. 44-54
Author(s):  
Muh Effendi
Keyword(s):  
Virtual World ◽  
Legal Protection ◽  
Public Order ◽  
Electronic Information ◽  
The Public ◽  
State Security ◽  
Use Of Technology ◽  
Right To Information ◽  
The Right ◽  
Thesis Writing

Writing this thesis aims to find out the form of legal protection and restrictions on the right to information that can be done in cyberspace. Because of the rapid advances in technology, there are also more problems that arise from this virtual world, this is the background of this thesis writing because it is very important to know what can and should not be done according to laws governing the world this virtual. Some countries, including Indonesia, restrict the right to electronic information, although this kind of regulation, both formally and materially, is contrary to the rights of individuals to privacy and information, but there are other people's rights that also need to be protected and state security that must be protected. The birth of law number 11 of 2008 which was revised to law number 19 of 2016 is clear evidence of the limitation of the right to information in Indonesia, because Indonesia upholds human rights but with this law Indonesia also aims to maintain security or country stability. The conclusion reached is: that the state protects the right to information and the use of technology but is also obliged to protect the public interest from all kinds of disturbances arising from misuse of information, especially through electronic media that disturb public order, or so-called jurisdiction.

PRESUMPTION OF INNOCENCE OF LEGAL PERSONS

2016 ◽  
Vol 4 (77) ◽  
pp. 26
Author(s):  
Edgars Golts
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Legal Person ◽  
Presumption Of Innocence ◽  
The Public ◽  
Court Of Justice ◽  
Equity Principle ◽  
Principle Of Justice ◽  
The Law ◽  
The Right

There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.

scholarly journals PEMBAJAKAN KARYA LAGU MELALUI APLIKASI DI PLAYSTORE MENURUT PERSPEKTIF HAK CIPTA (TAXATION OF SONG WORKS THROUGH THE APPLICATION ON PLAYSTORE BY COPYRIGHT PERSPECTIVE)

2021 ◽  
Vol 5 (1) ◽  
pp. 16-32
Author(s):  
Aditya Suud ◽  
Suherman Suherman
Keyword(s):  
Computer Program ◽  
Digital Computer ◽  
Legal Protection ◽  
Electronic Media ◽  
Online Media ◽  
Electronic Information ◽  
Conceptual Approach ◽  
Electronic Documents ◽  
Research Type ◽  
Secondary Materials

Penelitian ini bertujuan untuk mengetahui dan memahami bagaimana bentukperlindungan hokum terhadap tersangka pada pembajakan hak cipta melaluiaplikasi di Indonesia. Khususnya terhadap karya cipta digital programcomputer dalam bentuk bentuk aplikasi yang berisi dokumen elektronikberupa karya cipta lagu atau musik milik orang lain yang kemudian dipublikasikan di salah satu aplikasi bernama Playstore. Penelitian inimenggunakan jenis penelitian Yuridis-Normatif dengan melakukanpendekatan peraturan perundang- undangan (statute approach) danpendekatan konseptual (konseptual approach). Pengumpulan data daribahan sekunder dilakukan dengan metode kepustakaan dan dianalisamenggunakan metode kualitatif dan melakukan analisis yuridis. Hasilpenelitian ini adalah di Indonesia belum ada aturan khusus mengenaipembajakan lagu melalui media daring atau Internet digital maka UU No. 28Tahun 2014 mengenai Hak Cipta dapat menjangkau hal tersebut denganmenggunakan dasar seperti yang telah dijelaskan diatas yaitu dapat dikaitkandengan pasal 32 Jo.pasal 48 UU No. 19 Tahun 2016 mengenai Informasi DanTransaksi Elektronik walaupun kejahatan yang dilakukan adalah mengenaipelanggaran hak orang lain yaitu Hak Cipta. Hal tersebut juga disebabkan olehkonsep yang belum tepat mengenai pengaturan pembajakan dalam mediainternet atau elektronik. Konsep yang diperlukan ini adalah denganmendirikan badan baru yang menjembatani dua aturan yang berbeda makahal ini akan menjadikan penanganan mengenai pelanggaran pembajakanmelalui aplikasi Playstore akan lebih jelas kewenangan mengadili daripermasalahan tersebut.Kata kunci: Hak cipta; Dokumen elektronik; Analisis yuridis; Mediadaring; Media elektronikBorneo Law Review : Vol.5 No.1 Juni 2021 17ABSTRACTThis study aims to find out and understand how the form of legal protection against suspects in copyright piracy through applications in Indonesia. Especially for digital computer program copyrights in the form of applications containing electronic documents in the form of songwriting or music belonging to other people which are then published in an application called Playstore. This study uses a juridical-normative research type by applying a statutory approach and a conceptual approach. Collecting data from secondary materials was carried out using literature methods and analyzed using qualitative methods. The result of this research is that in Indonesia there are no specific rules regarding pirating songs through online media or digital Internet. 28 of 2014 regarding Copyright can reach this by using the basis as described above, which can be linked to article 32 Jo. Article 48 of Law no. 19 of 2016 regarding Electronic Information and Transactions even though the crime committed was regarding the violation of the rights of others, namely Copyright. This is also due to the inaccurate concept of regulating piracy in internet or electronic media. The concept needed is to establish a new agency that bridges two different rules, so this will make handling of piracy violations through the Playstore application clearer in the authority to judge these problems.Keywords : Copyright; Electro

Consumer Rights

2013 ◽  
Author(s):  
Donald M. Linhorst
Keyword(s):  
Mental Health ◽  
Community Integration ◽  
Self Determination ◽  
Legal Rights ◽  
The Public ◽  
Consumer Rights ◽  
Mental Health Consumers ◽  
Access To Health ◽  
Health Consumers ◽  
The Right

Consumers of health and mental health services are afforded numerous legal rights. Broad categories of rights include self-determination, access to health information, protections for mental health consumers who are hospitalized, and a right to community integration. Two areas of consumer rights are emerging: a greater emphasis on human rights, and the right of consumers to participate in developing and implementing programs and services within the organizations from which they receive services. Various means for enforcing rights exist in both the private and the public sectors. Social workers play critical roles in ensuring that consumer rights become a reality.

HAK ASASI MANUSIA DALAM PERSPEKTIF UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM

2016 ◽  
Vol 2 (1) ◽  
pp. 43-66
Author(s):  
Dadang Suprijatna
Keyword(s):  
Law Enforcement ◽  
Public Understanding ◽  
Poor People ◽  
Access To Justice ◽  
Legal Aid ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Legal Structure ◽  
Inspection Process ◽  
The Right

 This study aims to answer how the implementation of legal aid as access to justice for poor people? And any obstacles encountered in the implementation of legal aid? From the results of studies conducted with methods and rules of studies in jurisprudence showed that the implementation of legal aid for people who could not be implemented properly for their deviations in practice, such as the implementation of legal assistance through mentoring new advocate can be enjoyed by the public at the time of inspection advanced not at the time of the initial inspection and the inspection process is ongoing, but without the presence of lawyers, can still be found action advocates who refuse to provide legal aid, as advocates considered less professional and discrimination in the implementations of legal aid. The factors inhibiting the implementation of legal aid for poor people can be classified and divided into three factors namely, the factor of the substance of the law, a factor legal structure, and the cultural factors of law or culture of the community and law enforcement agencies, such as the lack of public understanding of the right to legal aid refers on mistrust, pessimism and skepticism towards the implementation of legal aid, and elements of attitudes, values, ways of acting and thinking advocates leading to the attitudes or actions of irregularities. Factors that inhibit community is negative community views on the implementation of legal aid as well as concerns in the use of legal aid.

Analisis Penegakan Kebiri Kimia Bagi Pelaku Tindak Pidana Kekerasan Seksual Pada Anak Di bawah Umur

2020 ◽  
Vol 1 (6) ◽  
Author(s):  
Imas Novita Juaningsih
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Conceptual Approach ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
The Public ◽  
Second Amendment ◽  
The People ◽  
The Government ◽  
The Right

Abstrak Country can be said to be a state if elements of the state have been fulfilled. One of the most fundamental elements is the existence of the people. The existence of the people means that there are people who live and become subjects of government and enforced rules. Without rules, the consequence is that there will be a large number of crimes that cannot be overcome. Therefore criminal law exists to optimize a regulation and implementation in the community. In the constitution of the Indonesian state, there has been guaranteed the rights of everyone from the right to life, the right not to be tortured, the right to religion and human rights that cannot be reduced in any case. But with Article 81 A paragraph (3) of Law No. 17 of 2016 concerning the second amendment to Law No. 3 of 2002 concerning Child Protection. In this article the phrase the addition of basic crimes especially chemical castration punishment becomes a problem that causes controversy among the public. So the government needs to reconsider with regard to Article a quo by using preventive and repressive measures to address these problems.  The theory that author use is Law Enforcement along with the principles of das sein and das sollen. With normative research methods that are descriptive, and through a conceptual approach. So the author recommend that the application of chemical castration and rehabilitation as a form of treatment oriented to protect perpetrators and sexual crimes. 

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