scholarly journals PENGGUNAAN KATA TABU DI MEDIA SOSIAL: KAJIAN LINGUISTIK FORENSIK

2019 ◽  
Vol 20 (2) ◽  
pp. 120
Author(s):  
Nadhifa Indana Zulfa Rahman

The freedom in social media communication have not been responded wisely by the citizen of the net (netizen). Sometimes while expressing themselves in the social media, netizens used the taboo words which potentially break the law. The problems chosen in this research is a type of taboo words used by the netizen and also whether these expressed words have a potential to violate the law. The method to collect the data is “Simak bebas libat cakap“(SBLC), it is a method where there is no active communication between interviewer and interviewee but it is only taken the data from internet, then to transcribe the taken data. The following step is analyzing data which used referential equivalent method, then the results of the analysis were presented informally. The findings showed that taboo words used in social media consisted of: (1) obscene words, (2) vulgar language, and (3) nick name and insult. These taboo words potentially violate the government regulation of the Republic Indonesia number 11 of 2008 concerning electronic information and transactions article 27 paragraph (3) and article 45 paragraph (1) as well as article 310 section (1) and article 311 section (1) of the Indonesian Criminal Code concerning defamation. Therefore, netizens must be careful in the way how communicate. Criminal Code, defamation, forensic linguistics, ITE Law, netizen, social media, taboo 

2021 ◽  
Vol 14 (1) ◽  
Author(s):  
Beny Yunianto ◽  
Tomy Michael

AbstractThe aim of the research is to offer novelty regarding the constitualism of the Government Regulation in Lieu of Law regarding Covid-19 which has now become a Law. This study uses a normative research method, with a focus on solving issues (problems) based on legal principles, legal rules, as well as on recognized legal expert opinion or doctrine. Through this research, the researcher offers that the perppu which has now become a law must be declared invalid or revoked because it is unconstitutional. As is well known, the Government issued Government Regulation in Lieu of Law Number 1 of 2020 concerning State Financial Policy and Financial System Stability for Handling Pandemic Corona Virus Disease 2019 (COVID-19) and / or in the Context of Facing Threats that Endanger the National Economy and / Or Financial System Stability, on March 31, 2020 (now Law Number 2 of 2020, on May 18, 2020). In Article 27 paragraph (1), paragraph (2), and paragraph (3) it is stated that there are parties who have "privileges", namely obtaining legal immunity from all actions they take on the basis of implementing the Covid Perppu. Of course this is a problem, because as a rule of law, Indonesia must provide justice in the form of equal treatment before the law or equality before the law to society without exception. This is stated in Article 27 paragraph (1), Article 28D paragraph (1), and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Thus, the Perppu which has now become a law is contrary to the Constitution, so it must be canceled or declared invalid.Keywords: constitution; Covid-19; equality before the lawAbstrakTujuan penelitian, yaitu menawarkan kebaruan mengenai konstitualisme dari Peraturan Pemerintah Pengganti Undang-undang mengenai Covid-19 yang sekarang telah menjadi Undang-Undang. Penelitian ini menggunakan metode penelitian normatif, dengan berfokus pada pemecahan isu (masalah) yang didasarkan pada asas hukum, aturan hukum, maupun pada doktrin atau pendapat ahli hukum yang diakui. Melalui penelitian ini, peneliti menawarkan bahwa, perppu yang sekarang telah menjadi undang-undang tersebut harus dinyatakan tidak berlaku atau dicabut karena inkonstitusional. Seperti diketahui, Pemerintah mengeluarkan Peraturan Pemerintah Pengganti Undang-Undang Republik Indonesia Nomor 1 Tahun 2020 tentang Kebijakan Keuangan Negara Dan Stabilitas Sistem Keuangan Untuk Penanganan Pandemi Corona Virus Disease 2019 (COVID-19) Dan/Atau Dalam Rangka Menghadapi Ancaman Yang Membahayakan Perekonomian Nasional Dan/Atau Stabilitas Sistem Keuangan, pada tanggal 31 Maret 2020 (sekarang menjadi Undang-Undang Nomor 2 Tahun 2020, pada tanggal 18 Mei 2020). Dalam Pasal 27 ayat (1), ayat (2), dan ayat (3) disebutkan bahwa ada pihak-pihak yang mendapat “keistimewaan”, yaitu mendapat kekebalan hukum dari segala tindakan yang dilakukannya atas dasar pelaksanaan perppu covid tersebut. Tentu itu menjadi masalah, karena sebagai negara hukum, Indonesia harus memberikan keadilan berupa perlakuan yang sama didepan hukum atau equality before the law kepada masyarakat tanpa terkecuali. Hal tesebut tercantum dalam Pasal 27 ayat (1), Pasal 28D ayat (1), dan Pasal 28I ayat (2) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Sehingga, Perppu yang kini telah menjadi undang-undang tersebut bertentangan dengan Konstitusi, sehingga harus di batalkan atau dinyatakan tidak berlaku.


2020 ◽  
Vol 9 (1) ◽  
Author(s):  
Anggi Niasar

Lobby and negotiation in the legislation process need strategies to plan, persuade and advocate stakeholders to reach an agreement. This article aims to describe the strategies of lobby and negotiation in thelegislation process of the People’s Representative Council, particularly antiterrorism law. The antiterrorism law had been revised from the Law of the Republic of Indonesia Number 15 of 2003 concerning the change of the Government Regulation in Lieu of Law Number 1 of 2002 amending the Anti-Terrorism Act. The legislation process of antiterrorism law revision took two years and involved public debates on the pro cons issues. Qualitative data was collected by an in-depth interview from three informants. Based on thematicanalysis, three strategies of lobbying and negotiating was found; (1) compromising, (2) brainstorming, and (3) convincing. These strategies were used in the different pro cons issues in the legislation process. Moreover, the strategies succeed to drive the agreement on the antiterrorism law enactment.


Author(s):  
Enejda Osmanaj (Shyti)

Human creativity flourishes in a suitable environment, which is provided by the existence of an efficient legal system of copyright protection. In general, copyright is protected on national basis therefore the scope of protection and the requirements that must be met to ensure the protection of works and creations, differ from one country to another. Albania has its own legislation for copyright protection, as most of European countries. This paper is a historical overview of copyright legislation development in Albania. History has undeniable impact in a country's legislation. So, Albanian copyright legislation has been changed and improved from stages to stages. Copyright has found protection in Albania’s legislation, initially during the time of King Zog’s Ist (1925-1939) Reign. The Civil Code (1929) marks the first strands of copyright protection in Albania. This Code is referred to the best European legislations of the time. During the communist regime private intellectual creations and works could not be privately owned. The copyright belonged to the state. The government and the totalitarian Albanian state of that time decided to reproduce the work, or allow translation into foreign languages as well as the creation of derivative works. The Civil Code of the Republic of Albania (1981) came into force with new provisions that provided recognition and protection of copyright. After the collapse of the communism the recognition of private property was re-appeared. The authors and creators became owners of their works/performances. Firstly, Albanian Parliament adopted the law no. 7564, dated 19.05.1992 “On copyright”. Thirteen years later, the parliament enacted the Law no. 9380, dated 28.04.2005 “On copyright and other rights related to” that incorporated the provisions of the European Union Directives on Copyright Protection. Currently, the protection of copyright is provided even through some provisions of other legal acts, such as: Constitution of the Republic of Albania (1998), law no.7961/1995 “On the Labor Code of the Republic of Albania” (amended), Law no. 7895 /1995 “Criminal Code of the Republic of Albania” (amended), Law no. 7859 /1994 “On the Civil Code of the Republic of Albania” (amended) etc. In addition to the national legislation, Albania has ratified a number of international acts, which intend to protect copyright etc.


2021 ◽  
pp. 1119
Author(s):  
Lie Natanael ◽  
Cindy Cintya Lauren ◽  
Della Kristina ◽  
Tatang Ruchimat

Fake investment is becoming a phenomenon that has been occurring a lot lately in Indonesia, especially the online kind. Investment is a commitment to invest some fund to one or more asset(s) in some period of time. This article is written with a goal to do research on law enforcement of Indonesian investment law. The method of research that is used is normative law research. It’s found that: Investment in Indonesia is regulated by the Law of The Republic of Indonesia number 25 of 2007 on Capital Investments. System of investing in Indonesia is protected by Law of The Republic of Indonesia number 10 of 1998. The presence of fake investment is bringing negative influence to Indonesian investment scene. Act of fraud or embezzlement in the form of investments can be prosecuted criminally and sentenced up to 4 years of imprisonment according to the Indonesian criminal code article 372 and 378. It is to be expected that public can differentiate which is a legal and which is a fake investment. That could be realized if the public is educated on economics and law. It is a joint responsibility of the government, investment organizers, and academics. Investasi bodong menjadi sebuah fenomena yang sering terjadi belakangan ini sangat marak terjadi di Indonesia, khususnya investasi online. Investasi merupakan komitmen menanamkan sejumlah dana pada satu atau lebih aset selama beberapa periode. Artikel ini dibuat dengan tujuan untuk meneliti penegakkan hukum tentang investasi di Indonesia. Metode yang digunakan adalah penelitian hukum normatif. Dan ditemukan bahwa: Investasi di Indonesia diatur dalam Undang-Undang No. 25 Tahun 2007 Tentang Penanaman Modal. Sistem investasi di Indonesia dilindungi oleh UU No. 10 tahun 1998 tentang Perubahan Undang-undang Nomor 7 Tahun 1992 tentang Perbankan. Kehadiran investasi bodong membawa pengaruh negatif bagi iklim investasi Indonesia. Tindakan penipuan dan penggelapan uang yang berkedok investasi dapat dijerat pidana penjara paling lama empat tahun sesuai Pasal 372 dan 378 UU KUHP. Diharapkan kedepannya masyarakat dapat membedakan mana investasi yang legal dan yang bodong. Hal itu dapat terjadi bila masyarakat teredukasi soal ekonomi dan hukum. Ini menjadi tanggung jawab bersama pemerintah, penyelenggara investasi, dan akademisi.


FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
Muhammad Jeffry Rananda

The formation of The government regulation a substitute for the law of the Republic of Indonesia Number 1 of 2014 on the Election of Governor, Regent, and Mayor? How does the process of formation of the government regulation a substitute for the law of the Republic of Indonesia Number 1 of 2014 on the Election of Governor, Regent, and Mayor studied in the political perspective of the law? A substitute for the law of regulation making process shows again that the law is a product of politics. The fact that a political institutions, that chooses to create the rule of law. Although empirically then the law will be reset the political institutions. A substitute for the law of regulation is a Ius Constitutum as regulations on local elections. However, A substitute for the act of regulation it will not be effective because it is only temporary. A substitute for the Law of regulation attestation required then it becomes a law or made the latest Law. Keywords: The government regulation a substitute for the Law, Legal Politics


2019 ◽  
pp. 226-237
Author(s):  
Rezki Robiatul Aisyiah Ismail

Indonesia is a democratic constitutional state set forth in article 1 paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia, as a legal state for running a state and protection of human rights under the law. One of them is in Article 28 E Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia which states that everyone has the right to freedom of association, assembly, and expression. The regulation concerning the Organization of the Community is in fact set out in Law No. 17 of 2013 on Community Organizations. Community organization is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila. Community organizations may be in the form of two, incorporated and non-legal entities. The Government issued a Regulation in Lieu of Law of the Republic of Indonesia Number 2 Year 2017 on the amendment to Law No. 17 of 2013 on Social Organization and then with the Regulation of Lieu of the Law the government made a policy that the Government in this case gave authority to the Ministry of Justice and Human Rights Asasi Manusia dissolved social organization which contradict with principle of Pancasila one of them is Hizbut Tahrir Indonesia discussion Government Regulation of society organization still has weakness substantially. Government regulation in lieu of laws of community organizations in order to reinforce the principle of contrarius actus is not appropriate because it has actually attached to government officials without the need to be affirmed in the legislation.


2020 ◽  
Vol 5 (2) ◽  
pp. 296-312
Author(s):  
Ade Adhari ◽  
Tundjung Herning SB

The enactment of Criminal Code (Wetboek van Strafrecht) in Indonesia is based on the 1945 Constitution, Law No. 1 of 1946 and Government Regulation No. 2 of 1945. The existence of these regulations not only gives legitimacy to the implementation of the Criminal Code, but also provides 'boundary signs' in implementing them. This paper aims to examine the limitations of the enactment of the Criminal Code based on various provisions. The limiting signs include: first, the enactment of the Criminal Code is temporary until the Criminal Code is established based on the 1945 Constitution. This means that the Draft Law on the Criminal Code must be ratified immediately. It is a form of carrying out the mandate to renewal of criminal law as stated in the constitution. Second, there is a need to examine the norms of criminal law in the Criminal Code before it is applied (whether the criminal law norms are in accordance with the criteria "does not conflict with the position of the Republic of Indonesia as an independent state or not in conflict with the Constitution"), and third, the application of the articles in the Criminal Code must remain in the Indonesian context.


Liquidity ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 159-166
Author(s):  
Muchtar Riva’i

The law arrangement of franchise law was first explicitly regulated by the Government Regulation No. 16 of 1997 which is then updated by Government Regulation No. 42 of 2007 to be created in an agreement that at least contains clauses as stipulated by Article 5 of the Government Regulation. However, franchise arrangements also associated with a variety of other laws and regulations applicable in Indonesia. This article is going to state that the importance of partnerships with small and medium enterprises as an effort to encourage the involvement of the wider economic community.


Author(s):  
Eddy Suwito

The development of technology that continues to grow, the public increasingly facilitates socialization through technology. Opinion on free and uncontrolled social media causes harm to others. The law sees this phenomenon subsequently changing. Legal Information Known as Information and Electronic Transaction Law or ITE Law. However, the ITE Law cannot protect the entire general public. Because it is an Article in the ITE Law that is contrary to Article in the 1945 Constitution of the Republic of Indonesia.


Rechtsidee ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 147
Author(s):  
Mochammad Tanzil Multazam

Birth of Law No. 30 of 2004 on Notary, regarded as the beginning of reforms in the field of notary. A notary who previously carried out its duties based on the Dutch heritage regulations Reglement op Het Notaris Ambt in Indonesie (Stb. 1860:3) was started feels aware of its existence by the government. However, one of the impact of these laws is the extension of the authority of the notary to make the auctions minutes deed and the land deed, but as it is known in advance, making auctions minutes deed is the authority of the auction official, and make the land deed is the land deed official authority (known as PPAT ). Based on Vendu Reglement (VR), only authorized officials that can make auctions minutes deed, and if the notary push him to make it, then the power of the deed will degrade into privately made deed because it is not made by the competent authority. As with the land deed, authorized officials to make the land deed is PPAT, but the authority specified in Article 2 paragraph (2) of Government Regulation No. 37 of 1998 on Land Deed Official. Therefore, the Notary can make land deed, on condition not including the deed contained in that Article 2 paragraph (2). How To Cite: Multazam, M. (2014). The Authority of Notary as Public Official in The Making of Land Deed and Auction Minutes Deed According to The Law Number 30 of 2004 on Notary. Rechtsidee, 1(2), 147-162. doi:http://dx.doi.org/10.21070/jihr.v1i2.94


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