scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Penghinaan Citra Tubuh (Body Shaming)

2021 ◽  
Vol 2 (3) ◽  
pp. 537-541
Author(s):  
Ni Made Yeni Sukmawati ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Body Image ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
The State ◽  
Legal Rules ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Victim Protection

Body Shaming is a term that is currently trending, where criticizing or commenting on someone's physical in a negative way or with speech that intends to mock or insult someone's physical or appearance falls into this category. Legal protection for victims of body shaming needs to get very serious attention in order to deal with the phenomena that are currently happening on social media in particular. This study examines the regulation of the criminal act of insulting body image (body shaming) in terms of positive law and explains the legal protection provided to victims in the crime of insulting body image (body shaming). This study uses a normative research method by applying the legislation approach which refers to primary legal materials and secondary legal materials. The regulation of criminal acts of insulting body image (body shaming) in terms of positive law in general can be seen from the element of humiliation which is regulated in Chapter XVI of the Criminal Code and is grouped into 6 parts, namely from article 310 to article 318 and besides that, there are also other legal rules that regulate it implicitly in Article 27 paragraph (3). Article 45 paragraph (3) of the ITE Law. With sanctions in the form of criminal sanctions. The form of legal protection given to victims in the crime of body shaming is the making of policies by the State regarding prohibitions and strict sanctions for violators such as criminal sanctions and fines, through the established witness and victim protection institution

scholarly journals Perlindungan Hukum terhadap Korban Penipuan Jual Beli Online

2020 ◽  
Vol 1 (2) ◽  
pp. 266-270
Author(s):  
Bagus Andi Dwi Prakoso ◽  
I Nyoman Sujana ◽  
Luh Putu Suryani
Keyword(s):  
Legal Protection ◽  
Preventive Measure ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Positive Law ◽  
The People ◽  
Online Trading ◽  
The Law ◽  
Legal Understanding ◽  
Principle Of Legality

Currently, the internet is often used as a means of trading in Indonesia, which often leads to cybercrime crimes, from fraud in trading to fraudulent objects of buying and selling online, requiring legal preservation. What is the form of legal preservation of the object of fraud in online trading? How do criminal sanctions for fraudsters roll out online? These two questions are the problems examined in this study. This study was designed using a normative legal research design. The results of research and assessment can be concluded that legal protection for victims of online buying and selling fraud is essentially carried out by non-penal and penal channels. Legal protection using the penal line can be realized through repressive measures, and non-penal through preventive measures. In repressive actions, objects can be reported by visiting legal institutions for further processing. In a preventive measure, outreach is held about legislation and legal understanding of the ways and culture of using technology so that there is no response to requests for information via e-mail. Matters that affect legal protection for victims of online bladder selling are aimed at the lack of proper facilities and infrastructure, namely the inadequate extension of statutory regulations related to cybercrime to the public. Quality of law enforcement officers and the culture of the people who are not interested in making reports and testimonies. Fraud in trading with online media within the scope of legal regulations has been regulated using positive law in Indonesia, namely in the Criminal Code and the Electronic Information and Technology Law (UU ITE). Although the Law has not been able to deter all the perpetrators concerned, seeing the Principle of Legality in Article 1 of the Criminal Code and the opinion of criminal experts that online defamation is a crime, and therefore it is definitely against the law. Then it must be held accountable for the actions when it is done.

scholarly journals TINJAUAN YURIDIS TERHADAP PUTUSAN KASUS PENCEMARAN NAMA BAIK DENGAN MENGGUNAKAN SOSIAL MEDIA INSTAGRAM DITINJAU DARI PASAL 310 AYAT (3) KITAB UNDANG-UNDANG HUKUM PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 120
Author(s):  
Danny Putera Christian ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Social Media ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Code ◽  
Cyber Crime ◽  
Criminal Offense ◽  
Legal Rules ◽  
Electronic Transactions

The regulation of defamation is stated in the Indonesia Criminal Code, specifically it’s stated on the article 310. However, the legal rules of defamation by using social media are specifically regulated in Undang-UndangNo.19 Year 2016 About the Amendment of Undang-Undang No.11 Year 2008 About Information And Electronic Transactions. In a thesis that written by the author, the author did an analysis of the actions that have been done by a defendant who deliberately perform an action that meets the element of offense in Article 27 Paragraph (3) of Undang-Undang No.19 Year 2016 on Amendment to Law No. 11 Year 2008 About Information And Electronic Transactions. The acts committed by the defendant shall not be subject to juridical sanctions, since the criminal law also applies the reasons for the criminal offense both for justification and for reasons of forgiveness. The act committed by the defendant in Decision No.1047 / Pid.Sus / PN.JKT.SEL was analyzed as justification because the defendant committed the act to defend himself, as regulated in Article 310 Paragraph (3) of the Criminal Code . The research method whichused by the author is normative research supported by conducting interviews to cyber crime experts.

scholarly journals Perlindungan Hukum terhadap Anak Penyandang Disabilitas sebagai Korban Kekerasan Seksual

2021 ◽  
Vol 2 (2) ◽  
pp. 359-364
Author(s):  
Nadila Purnama Sari ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Children With Disabilities ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Cases ◽  
Persons With Disabilities ◽  
Violence Against Children ◽  
Criminal Sanctions ◽  
Positive Law

Children with disabilities are often the main targets to be victims of criminals, discrimination and sexual violence. The following can be seen from the increase in criminal cases against women and children with disabilities which from year to year tends to increase. The purpose of this study is to determine the legal protection of children with disabilities as victims of sexual violence and criminal sanctions against perpetrators of sexual violence against children with disabilities. The method used is a normative method along with statutory and conceptual approaches. The results of the study show that legal protection for children as victims of sexual violence is contained in article 1 paragraph (2) of Law no. 35 of 2014 concerning child protection, namely so that the child gets protection and his rights as a child. Criminal sanctions for perpetrators of sexual violence against persons with disabilities exist in positive law in Indonesia. The criminal act of rape is contained in Articles 285 to 288 of the Criminal Code. Violence against children with disabilities there is no law that specifically regulates it but in VU No. 35 of 2014 concerning Child Protection in Article 290 paragraph (1) is threatened with approximately 7 years of imprisonment.

scholarly journals Penculikan Anak oleh Orang Tua (Studi Kasus di Pengadilan Negeri Gianyar)

2020 ◽  
Vol 1 (2) ◽  
pp. 388-392
Author(s):  
I Komang Oka Raharja ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Data Analysis ◽  
Human Dignity ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Sanctions ◽  
Legal Sanctions ◽  
Criminal Procedure Law ◽  
Neglected Children

Every neglected children must be given protection from institutions or laws which aims at protecting their rights. Children have often been victims of crimes, one of which is kidnapping. Regarding the kidnapping of children, Law Number 35 of 2014 concerning Child Protection stipulates that the incidents of kidnapping and neglected children by parents can cause physical and psychological harms to those neglected children and the unfulfillment of their rights. Therefore, it is necessary to impose criminal sanctions on parents or other people who neglect children. Grounded by this, the problems examined in the present research are: How is the legal protection for children from kidnapping by parents regulated? What are the legal sanctions against parents who commit kidnapping over their children? The research method used in this research is normative juridical, with statutory, conceptual, and case approaches. Data were analysed using a qualitative-normative method. Based on the results of data analysis, the regulation of legal protection for children from kidnapping committed by parents is that every parent shall ensure the fulfillment of children’s rights so that they can live, grow and develop and participate optimally in accordance with human dignity, so that they receive protection from violence and discrimination for the sake of the realisation of Indonesian children who are qualified, noble and prosperous. The legal sanctions against parents kidnapping their children are regulated in Article 330 paragraph (1) of the Criminal Code jo. Article 55 paragraph (1) to 1 KUHP with due observance of Article 330 paragraph (2) KUHP jo. Article 55 paragraph (1) to 1 of the Criminal Code and Law Number 8 of 1981 concerning Criminal Procedure Law and applicable laws and regulations.

scholarly journals Perlindungan Hukum terhadap Pencipta Musik sebagai Suara Latar di Youtube

2020 ◽  
Vol 1 (1) ◽  
pp. 77-82
Author(s):  
Komang Ariadarma Suputra ◽  
Ida Ayu Putu Widiati ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Social Media ◽  
Research Method ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Economic Benefits ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Article 9 ◽  
Article 5 ◽  
Exclusive Right

The use of music as video background sound is currently rife on social media Youtube. This is inseparable from the moral and economic benefits that users get through the features offered by Youtube. Therefore, as a state of law, Indonesia should appropriately provide legal protection for Music Creators whose works are used. The purpose of this study is to analyze the legal protection of music creators as a background voice on Youtube and find out the sanctions imposed on Youtube channels that commit copyright infringement. The research method used is normative legal research with statutory and conceptual approaches. The results showed that music is the result of human expression that has an element of beauty in it. Thus, the need for legal protection is given to the Creator. Legal protection is preventive, namely the formulation of the exclusive right of a Music Creator to Article 5 and Article 9 of Law no. 28 of 2014 concerning Copyright and repressively, the Music Creator can fight for his rights that have been violated through the courts and outside the court. As for the sanctions against violations of music copyright as the background sound of videos on Youtube, namely sanctions in the form of compensation for damages that have been caused as stipulated in Article 99 of Law No. 28 of 2014 concerning Copyright. Criminal sanctions are regulated in Article 113 paragraph (4) of Law no. 28 of 2014 concerning Copyright in the form of a maximum imprisonment of 10 years and / or a maximum fine of Rp. 4,000,000,000.00

scholarly journals Reformulasi Sanksi Pidana Pencemaran Nama Baik Melalui Media Online

2019 ◽  
Vol 21 (2) ◽  
pp. 327-338
Author(s):  
Rahmat Fadli ◽  
Mohd. Din ◽  
Mujibussalim Mujibussalim
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Online Media ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
The Law ◽  
Sense Of Justice

Penelitian ini bertujuan untuk mengkaji perlindungan hukum terhadap korban pencemaran nama baik melalui media online dan menjelaskan pemenuhan restitusi yang seharusnya diterima korban pencemaran nama baik melalui media online. Pencemaran nama baik merupakan perbuatan melawan hukum, dikarenakan telah menyerang kehormatan atau nama baik seseorang. Rumusan tindak pidana pencemaran nama baik melalui media online diatur dalam Pasal 27 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik. Sanksi pidananya diatur dalam Pasal 45 ayat (3) Undang-Undang ini. Dalam Undang-Undang ini belum diatur sanksi pidana yang berbentuk restitusi, sehingga kurang melindungi korban pencemaran nama baik melalui media online. Metode penelitian ini adalah yuridis normatif dengan menggunakan bahan hukum primer, sekunder, dan tersier, Berdasarkan hasil penelitian ditemukan bahwa ancaman pidana pada Pasal 45 ayat (3) Undang-Undang Infomasi dan Transaksi Elektronik belum memenuhi rasa keadilan dan memberi manfaat kepada korban. Karena pada pasal ini belum mengatur sanksi pidana yang bersifat ganti rugi terhadap korban. Reformulation of  Criminal Sanctions on Defamation Through Online Media This study aims to examine the legal protection of victims of defamation through online media and explain the fulfillment of restitution that should be received by victims. Defamation is an act against the law, because it has attacked someone's honor or reputation. The formulation of criminal defamation through online media is regulated in Article 27 paragraph (3) of the Information and Electronic Transactions Law. The criminal sanctions are regulated in Article 45 paragraph (3). This law has not yet regulated criminal sanctions in the form of restitution, so it does not protect victims of defamation through online media. The research method is a normative juridical by using primary, secondary, and tertiary legal materials. The results found that the criminal threat in Article 45 paragraph (3) of the Law on Information and Electronic Transaction had not fulfilled a sense of justice and benefited for victims. It is because this article does not yet regulate criminal sanctions that are compensation for the victim.

scholarly journals Penyelesaian Sengketa Transaksi Bisnis Elektronik Commerce Melalui Internet

2021 ◽  
Vol 2 (2) ◽  
pp. 218-222
Author(s):  
Anak Agung Bagus Sempidi Junior ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Desak Gde Dwi Arini
Keyword(s):  
Information Technology ◽  
Electronic Commerce ◽  
Cultural Values ◽  
Research Method ◽  
Legal Protection ◽  
Legal Research ◽  
Legal Rules ◽  
Business Transactions ◽  
The Government ◽  
Settlement Of Disputes

Development of information technology through legal infrastructure and its regulation so that the use of Information Technology is carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. . The research method uses normative legal research and problem approaches using statutory and conceptual approaches. The results of the study show that consumer legal protection in online Electronic Commerce business transactions is regulated through online sale and purchase agreements based on conventional formal and material terms accompanied by buying and selling transactions carried out electronically through computer media. Settlement of disputes in e-commerce business transactions via online, is carried out both non-litigation and litigation. The suggestion is to the Government, it is hoped that participation in solving problems is very important, if a case like this occurs between different countries, then the settlement of this problem must be determined which legal rules will be used to solve it. The purpose of this study is to determine legal protection for consumers in electronic commerce business transactions through online, and how to resolve disputes that occur in electronic commerce business transaction agreements through online

scholarly journals The Position And Function Of Notary In The Using Of State Symbol

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto
Keyword(s):  
Criminal Responsibility ◽  
Secondary Data ◽  
Letter Position ◽  
Problem Formulation ◽  
Criminal Code ◽  
The State ◽  
Positive Law ◽  
The Law ◽  
Notary Public ◽  
And Function

This study tried to answer the problem formulation is What position and Function of Notary in using the State symbol? What if Notaries do malpractices in the using of State Symbol and how sanctions against malpractice Notary Public who use the State Symbol? The purpose of this study to determine the position and Function of Notary in using the State Symbol, and determine sanctions against notaries who do mal practice in the using of State Symbol.This research was conducted using the normative method, means testing and reviewing secondary data, using literature data in the form of positive law relating to Legislation relating to the issues discussed.The results of this study concluded that a Notary Public in the office using the Symbol State under Article 16 paragraph (1) letter k of Notary law) and use of the State symbol of Notary's Stamp or Head Letter Position as stipulated in Article 54 paragraph (1) letter j Act No. 24 of 2009 and as Stamp of Department Office as stipulated in Article 54 paragraph (2) letter j Act No. 24 of 2009, while the Notary malpractice in the using of State symbol is not necessarily directly given to criminal sanctions as a form of application of the law ultimum remidium. because there are several steps that must be passed given the Notary has its own rules in the Law on Notary. Notary of the behavior is also governed by a special organization that Indonesian Notary Association (INI), but still asked the criminal responsibility under Act No. 24 of 2009 and Article 154 of the Criminal Code letter if indeed Notary proven legally and convincingly to have malpractice against the using of State Symbol.Keywords: Notary Authority; Notary Position; Sanctions Against Notary.

Perlindungan Hukum Konsumen Pada Perjanjian Baku (Standar Contract) PT. Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick)

2020 ◽  
Vol 2 (2) ◽  
pp. 134-145
Author(s):  
Ahyuni Yunus ◽  
Agustina Ali Bilondatu
Keyword(s):  
Research Method ◽  
Equal Opportunity ◽  
Legal Protection ◽  
Active Role ◽  
The State ◽  
Standard Contract ◽  
Role Of The State ◽  
Changing Times ◽  
The Stability

Penelitian ini bertujuan, pertama Bentuk perlindungan hukum konsumen pada perjanjian baku (Standart Contract) PT Telkomsel Terhadap Penggunaan Kartu Pasca Bayar (Halo Kick), kedua Upaya hukum konsumen Konsumen tindakan sepihak yang dilakukan oleh pihak Telkomsel. Metode penelitian yang digunakan adalah metode penelitian hukum normatif. Hasil penelitian menunjukkan bahwa, pertama, Perlindungan hukum terhadap pekerja dimaksudkan untuk menjamin hak-hak dasar dan menjamin kesamaan kesempatan serta perlakuan tanpa diskriminasi atas dasar apapun untuk mewujudkan kesejahteraan pekerja beserta keluarganya. Perlindungan pekerja tersebut hanya dapat tercapai jika adanya peran serta Negara secara aktif dalam menjaga stabilitas iklim industrialisasi dengan perindungan terhadap pekerja, atau dengan kata lain ditengah gesekan perubahan zaman dan menggeliatnya pertumbuhan ekonomi maka peran serta Negara merupakan keniscayaan. This study aims, firstly, the form of consumer legal protection in the PT Telkomsel standard contract against the use of postpaid cards (Halo Kick), secondly the consumer's legal efforts for unilateral actions taken by Telkomsel. The research method used is normative legal research method. The results show that, first, legal protection for workers is intended to guarantee basic rights and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families. Protection of workers can only be achieved if there is an active role of the State in maintaining the stability of the industrialization climate with protection of workers, or in other words, amidst the friction of changing times and stretching economic growth, the participation of the State is a necessity.

Tindak Pidana Korupsi Proyek Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional di Kementrian Pemuda dan Olahraga ( Studi Putusan Nomor 2427K/Pid.Sus/2014 )

2021 ◽  
Vol 1 (2) ◽  
pp. 80-102
Author(s):  
Entol Suparmin ◽  
Amsori Amsori
Keyword(s):  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
National Police

Corruption, eradicating criminal acts of corruption, Decision No. 2427K / Pid.Sus / 2014, formulation: Is the imposition of criminal sanctions on corruption in the Ministry of Youth and Sports projects the same as the imposition of criminal acts of corruption in general, What is the basis for legal considerations for judges in imposing corruption crimes with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, the normative method is carried out on theoretical matters. Knowing whether the imposition of criminal sanctions on corruption is the same as the imposition of criminal acts of corruption in general. know what is the basis for legal considerations for judges in imposing crimes on perpetrators of Corruption Crime, the legal basis for adjudicating cases. The conclusion of the Judge's consideration, the imposition of additional criminal sanctions to compensate the state losses imposed on the defendant was imprisoned for 4 years and a fine, Article 2 paragraph (1) in conjunction with Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. Suggestions need evaluation In handling corruption crimes by implementing a synergy pattern between Indonesian National Police Investigators, Public Prosecutors , Prosecutor's Office, Corruption Eradication Commission.

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