scholarly journals Preventing the Wrongful Criminalization of Online Gender-based Violence Victims: A Look into Law No. 44 of 2008 on Pornography

2021 ◽  
Vol 2 (1) ◽  
pp. 32-40
Author(s):  
Almyra Luna Kamilla
Keyword(s):  
The Other ◽  
Gender Based Violence ◽  
Other Hand ◽  
The People ◽  
The Creation ◽  
Gender Based ◽  
The Right ◽  
Fundamental Values ◽  
Pornographic Material ◽  
Laws And Regulations

Undang-Undang No. 44 Tahun 2008 tentang Pornografi secara eksplisit melarang keras pembuatan konten yang mengandung pornografi, namun disisi lain, Penjelasan Pasal 4 ayat (1) pada Undang-Undang tersebut secara implisit memberikan hak bagi masyarakat untuk membuat materi pornografi selama ditujukan untuk diri sendiri dan demi kepentingan sendiri. Hal ini membuat adanya perdebatan yang dipengaruhi juga oleh nilai-nilai dasar bangsa Indonesia sebagai negara yang beradab dan beragama. Dalam prakteknya, Pasal 4 ayat (1) UU No. 44 Tahun 2008 tidak jarang disalahgunakan untuk menjadikan korban Kekerasan Berbasis Gender Online (KBGO) sebagai tersangka dalam kasus pornografi. Melalui pendekatan feminis dan berorientasi korban, Penelitian ini akan membahas bagaimana UU No. 44 Tahun 2008 tentang Pornografi dimanfaatkan baik sengaja atau tidak sengaja, sebagai senjata dalam reviktimisasi perempuan korban KBGO. Penulis menggunakan pendekatan yuridis-normatif dimana Penelitian ini didasari atas analisa terhadap peraturan perundang-undangan yang berlaku di Indonesia serta studi literatur. Hasil penelitian ini menemukan bahwa pada UU No. 44 Tahun 2008 tentang Pornografi terdapat perbedaan norma yaitu antara Pasal 4 ayat (1) dengan Penjelasan Pasal 4 ayat (1). Selanjutnya, dapat disimpulkan bahwa perbedaan norma tersebut disertai dengan pendekatan penegak hukum di Indonesia yang cenderung konservatif, memicu fenomena dimana korban KBGO yang seharusnya dilindungi justru dikriminalisasi ===== Law No. 44 of 2008 on Pornography explicitly condemned the creation of pornographic content, on the other hand, the Elucidation of Art. 4 (1) of the Law implicitly grants the right for the people to create pornographic material so long as it is intended for oneself and one’s interest. This issue has caused a debate that is also influenced by the fundamental values of Indonesia as a nation that is civilized and religious. In practice, Art. 4 (1) of Law No. 44 of 2008 on Pornography is often misused to cause victims of Online Gender-based Violence into suspects of cases of pornography. Using the feminist approach and victim-oriented perspective, this Research will discuss how Law No. 44 of 2008 on Pornography is utilized, on purpose or otherwise, as a weapon in revictimizing women who are victims of Online Gender-based Violence. The Author used the juridical-normative method in which the Research is constructed based on the analysis of Indonesian laws and regulations as well as literature studies. The results of this Research found that there are contradicting norms within Law No. 44 of 2008 on Pornography specifically between Art. 4 (1) and its Elucidation. Furthermore, it can be concluded that such contradicting norms complemented with the approach of Indonesian law enforcers which tends to be conservative, precipitated a phenomenon in which victims of Online Gender-based Violence who are supposed to be protected ended up criminalized.

scholarly journals An analysis on paradoxical gender equality+ policies and the violence in Brazil

2020 ◽  
pp. 291-308
Author(s):  
Renan de Souza
Keyword(s):  
Gender Equality ◽  
Violence Against Women ◽  
Cutting Edge ◽  
The Other ◽  
Gender Based Violence ◽  
Far Right ◽  
Other Hand ◽  
The World ◽  
Gender Based ◽  
Made In

Brazil records alarming rates of epidemic violence against women and LGBTQ+. According to statistics, the country ranks as the fifth most violent for women and the deadliest in the world for homosexuals. On the other hand, progressive policies to support both groups have been implemented by different public administrations in the last decades generating remarkable milestones. Despite being considered as cutting-edge, those actions have not necessarily translated into a reduction of violence. One explanation for these paradoxes between progressive policies to protect women, LGBTQ+ and the frequent violence against these groups, might be found in historical, cultural, and religious roots. This article highlights that, notwithstanding that some progress was made in Brazil, the rise of conservative and far-right groups may undermine all the advancement reached in the last decades, which could lead to the aggravation of the gender-based violence in the country

scholarly journals The Mutual Rights and Duties of the Public and the Sovereignty in the Teachings of Nahj Al-balagha

2018 ◽  
Vol 4 (2) ◽  
pp. 185-188
Author(s):  
Hamed Purrostami
Keyword(s):  
Education System ◽  
The Other ◽  
The Public ◽  
Distribution Of Wealth ◽  
Contemporary World ◽  
Other Hand ◽  
The People ◽  
The World ◽  
Fair Distribution ◽  
The Right

Mutual duties and rights between people and sovereignty is one of the strategic and significant issues in the contemporary world. In the Islamic teachings especially Nahjulbalaghah it is not that the right is allocated to the ruler and government and on the other hand people only have duties and responsibilities. Rather the ruler has the significant duties even if he would be innocent. Among the strategic tasks of the ruler and leader are: Benevolence, Fair distribution of wealth and management of education system. These duties are, at the same time, the rights of the people and the ruler. On the other hand, people have duties in front of the Islamic ruler. In other words, these duties are rights of Religious Governance including loyalty to sovereignty, Support and response to demands of authority and etc. It is worthy to mention, the main aim of these rights and duties has been devised to provide the felicitous life for people in the world and hereafter.

scholarly journals DOJŚCIE EMISJI PAPIERÓW WARTOŚCIOWYCH DO SKUTKU NA PRZYKŁADZIE EMISJI OBLIGACJI

2016 ◽  
Vol 11 (2) ◽  
pp. 13
Author(s):  
Marek Michalski
Keyword(s):  
Financial Market ◽  
The Other ◽  
Second Step ◽  
Bond Issue ◽  
Other Hand ◽  
External Sources ◽  
The Creation ◽  
The Moment ◽  
The Right ◽  
Entire Procedure

THE MOMENT OF CREATION OF SECURITIES ON THE EXAMPLE OF THE BONDS Summary Bonds are a type of securities that are used to raise funds for the financial needs of enterprises. These funds are considered as a money capital coming from external sources, as the bond issuer is obliged to repay the loan up to the date specified in the terms of the issue of the bonds. The process of the bond issue has been greatly simplified, so that bonds become an instrument easy to use on the financial market. The brevity of the provisions regulating the bond issue was intended to ensure that bond issue can be conducted briefly and to release the entire procedure from the burden of unnecessary rigorism. In contrast to shares, issuance of bonds is not subject to any formal restrictions in the form of entering the issue to a public register of any kind. On the other hand, brevity of the Bonds Act of 29 June 1995 leads to significant differences in interpretation. The Act on Bonds does not clearly identify the moment of creation of an effective claim. Whereas there are two legal terms defined in the Act i.e. the hand-over of bond documents, and the moment of the issuance taking place. The are no grounds, in light of the provisions of the Act on Bonds, to eqaute these two concepts. The creation of an effective receivable, i.e., one that may be claimed by legal actions of the creditor is determined by the moment of the issuance taking place, not the hand-over of the bond documents. The second step, namely the hand-over of the bond documents, from the perspective of the Law on Bonds has only a technical meaning and should not be treated as a requirement for the acquisition of the claim by the bondholder. Absence of the bond documents hand-over may affect the position of the bondholder, since it impedes the possibility to dispose of the claim, but does not deprive one of the right. The bondholders claim is created on the earlier stage and ist existance is independent of the bond document hand-over.

Counter-Reformation Sanctity: The Bollandists' Vita of Blessed Hemma of Gurk

1994 ◽  
Vol 45 (3) ◽  
pp. 412-434
Author(s):  
Edmund Kern
Keyword(s):  
Twentieth Century ◽  
Political Process ◽  
The Other ◽  
Other Hand ◽  
The People ◽  
Counter Reformation ◽  
The Face ◽  
The Creation ◽  
Lives Of The Saints ◽  
The Church

It is now commonplace for historians of religion to treat the creation of saints as a political process that included such issues as doctrinal orthodoxy, church authority and popular practices and beliefs. The early twentieth-century Bollandist scholar of sanctity, Hippolyte Delehaye sj, touched on these when he considered the problems facing the critical, but devout, hagiographer in his history, The work of the Bollandists:To question the lawfulness of the cult of a saint, or to raise doubts as to the authenticity of his relics, were issues which could not in most cases remain theoretical, but which demanded practical measures, and in the application of these more than usual tact was required. How was it to be made clear to the faithful that the authority of the Church was not responsible for certain vagaries? How were devotions which had taken root in the heart of the people to be suppressed without causing serious disturbances? On the other hand how were they to be upheld, in the face of the conviction that they were without foundation?… Of course the faithful have never been taught that the lives of the saints are to be believed in the same measure as the Gospel, but it is a fact that they incline to this belief. Hence was it not dangerous, from the standpoint of faith, to destroy certain pious illusions?

Komparasi Unsur Budaya (Kepercayaan) pada Masyarakat Talaga, Majalengka dan Masyarakat Nagoya, Jepang

Metahumaniora ◽  
2017 ◽  
Vol 7 (3) ◽  
pp. 306
Author(s):  
Asri Soraya Afsari
Keyword(s):  
Qualitative Method ◽  
Field Method ◽  
The Other ◽  
Survey Method ◽  
Cultural Comparison ◽  
Other Hand ◽  
The People ◽  
Descriptive Qualitative

AbstrakPenelitian ini bertujuan mengkaji perbandingan kepercayaan masyarakat Talagadi Majalengka dan masyarakat Nagoya di Jepang. Kepercayaan yang dimaksud dalampenelitian ini adalah kepercayaan yang berhubungan dengan tabu atau pamali dankepercayaan yang berhubungan dengan keberuntungan pada kedua masyarakat tersebut.Untuk mencapai tujuan tersebut digunakan metode deskripstif kualitatif. Dalam memupudata digunakan metode lapangan karena peneliti terjun langsung ke masyarakat. Disamping itu, digunakan pula metode survey melalui penyebaran daftar kuesioner. Hasilpenelitian menunjukkan bahwa bentuk kepercayaan yang berhubungan dengan tabu ataupamali pada masyarakat Talaga dan Nagoya meliputi kegiatan yang dilakukan oleh manusia.Adapun kepercayaan yang berhubungan dengan keberuntungan pada kedua masyarakattersebut berkaitan dengan binatang, benda, dan kegiatan manusia. Sampai saat ini baikmasyarakat Talaga maupun Nagoya masih memegang teguh kepercayaan tersebut.Kata kunci: kepercayaan, Talaga, Nagoya, deskriptif kualitatif, komparasi budaya.AbstractThe aim of this research is to review the comparison of belief between the society ofTalaga in Majalengka and the society of Nagoya in Japan. The intended belief on this study isthe one related with a taboo or pamali, and the belief correlated to luck on both societies. Inachieving the goal, this research uses a descriptive qualitative method. To get the data, thewriter uses a field method that he (/she) directly involves with the people. On the other hand,the writer also uses a survey method by distributing questioners. The result shows that the beliefcorrelated with the taboo or pamali of Talaga and Nagoya societies covers the activities doneby human. Also with the belief related to luck of both societies corresponds to animals, things,and human’s activities. Until now, either Talaga society or Nagoya’s still keeps those beliefs.Keyword: belief, Talaga, Nagoya, descriptive qualitative, cultural comparison.

Covid-19 – rumours and facts in media

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti
Keyword(s):  
Social Media ◽  
Preventive Measures ◽  
Vital Role ◽  
The Other ◽  
Sources Of Information ◽  
Other Hand ◽  
Corona Virus ◽  
The People ◽  
The World

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

THE EFFECT OF EVENT AND PUBLICITY TOWARDS BRAND AWARENESS ON FINANCIAL SERVICE AUTHORITY (OJK)

2017 ◽  
Vol 2 ◽  
pp. 281-292
Author(s):  
Donant Alananto Iskandar ◽  
Siti Dewi Sri Ratna Sari
Keyword(s):  
Public Relations ◽  
Significant Influence ◽  
Quantitative Method ◽  
Statistical Approach ◽  
Financial Service ◽  
The Other ◽  
Brand Awareness ◽  
Financial Service Authority ◽  
Other Hand ◽  
The People

This study aims to find out the effect of event and publicity towards brand awareness on Indonesia Financial Service Authority, usually called with its abbreviation OJK. The research background is because OJK was newly established as a financial service authority, replacing Bank Indonesia. Therefore, exploring the awareness of the people about the function of OJK is interesting to be a research subject.This method used in this study is the quantitative method with 82 samples as the questionnaire respondents. The population chosen was an OJK’s event held at LPPI and Indonesia Banking School with 122 participants. Validity, reliability, normality, multicollinearity, heteroskedasticity, correlation, determination, regression, hypothesis and ANOVA tests are used as a statistical approach in order to define the outcome of the survey. The results of this study are both event and publicity have a positive and a significant influence towards brand awareness partially and simultaneously. As the conclusion, OJK should continue its programs. On the other hand, OJK should find another public relations strategy to accelerate people awareness about the duties of OJK. Keywords: Event, Publicity, Brand Awareness

A utopia do direito à cidade: Possibilidades de superação da dicotomia favela-bairro no Rio de Janeiro

GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira
Keyword(s):  
Rio De Janeiro ◽  
The Other ◽  
Right To The City ◽  
Other Hand ◽  
The Right ◽  
The City

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 

The Quidnunc Mentality of Edificatory Perfectionism

2017 ◽  
Author(s):  
Matthew H. Kramer
Keyword(s):  
The Other ◽  
Other Hand ◽  
The People ◽  
The One

Most critiques of edificatory perfectionism concentrate on the detrimental effects that will be undergone by the people whose lives the edificatory perfectionists are seeking to improve. Chapter 6 shifts the focus to the officials who formulate and implement the policies that produce such effects. On the one hand, Rawlsians and other contractualists quite rightly demur at the disrespect that is shown by edificatory perfectionists toward the putative beneficiaries of the measures which the perfectionists advocate. On the other hand, the contractualists largely neglect to take account of the ways in which the edificatory-perfectionist measures degrade the whole system of governance wherein they occur. Chapter 6 highlights that degradingness as it draws attention to the quidnunc mentality that is evinced by the officials who adopt and administer the laws for which the edificatory perfectionists have called.

Sign in / Sign up

Export Citation Format

Share Document