scholarly journals KEBIJAKAN FORMULATIF PENGATURAN CYBERBULLYING SEBAGAI SALAH SATU BENTUK TINDAK PIDANA CYBERCRIME DI INDONESIA

2018 ◽  
Vol 6 (4) ◽  
pp. 439
Author(s):  
Gde Aditya Waisnawa
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Government Regulations ◽  
Application Of Law ◽  
The Social ◽  
Substantive Justice ◽  
Five Senses ◽  
Controversial Nature

Indonesia as a State of law is currently a crisis of legal products that put forward substantive justice for the litigants, it is understandable because some of the basic rules that contain material and formal criminal rules have been established long and may no longer be relevant to the application of law in Indonesia today. Regardless of the controversial nature of government regulations in terms of social media conflicts related to Cyberbullying, respect for rights in expression and opinion should be realized and implemented correctly by the cyberspace. Amid the euphoria of the Indonesian people to welcome the presence of social media, must be in harmony with the spirit of behavior change by respecting and appreciating all forms of expression and opinion of someone, on the other hand the social media users should strive to be wise users when active in social media, because communication using text has the risk of misunderstanding is greater than using our five senses. the position of Article 27 paragraph (3) of the ITE Law is as lex specialis of Article 310 of the Criminal Code. Therefore, the interpretation of the norms contained in Article 27 paragraph (3) of the ITE Law regarding defamation and / or defamation can not be separated from the criminal law norms contained in Article 310 and Article 311 of the Criminal Code. So this is the background and cause conflict because of overlapping rule of law in effect, causing legal uncertainty. Indonesia sebagai Negara hukum saat ini sedang krisis produk hukum yang mengedepankan keadilan subtantif bagi yang berperkara, itu dapat dimaklumi dikarenakan beberapa peraturan pokok yang memuat aturan materiil dan formil pidana sudah dibentuk lama dan dimungkinkan tidak relevan lagi digunakan pada penerapan hukum di Indonesia saat ini. Terlepas dari masih kontroversialnya peraturan pemerintah dalam hal konflik di media sosial yang terkait dengan Cyberbullying, penghormatan Hak dalam berekspresi dan berpendapat sudah  seharusnya disadari dan diimplementasikan dengan  benar oleh para pengakses dunia maya. Pasal 27 ayat (3) UU ITE adalah sebagai lex specialis dari Pasal 310 KUHP. Maka, penafsiran norma yang termuat dalam Pasal 27 ayat (3) UU ITE mengenai penghinaan dan/atau pencemaran nama baik tidak bisa dilepaskan dari norma hukum pidana yang termuat dalam Pasal 310 dan Pasal 311 KUHP. Sehingga hal inilah yang melatarbelakangi dan menimbulkan konflik karena tumpang tindihnya aturan hukum yang berlaku sehingga menyebabkan  ketidak pastian hukum.

scholarly journals OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

scholarly journals Kebijakan Hukum Pidana Terhadap Tindak Pidana Penghinaan Atau Pencemaran Nama Baik Melalui Internet Di Indonesia Sebagai Cybercrime

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Timbul Mangaratua Simbolon ◽  
Gunarto Gunarto
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Legal Policy ◽  
Community Factors ◽  
The Rule Of Law ◽  
Five Factors ◽  
Electronic Transactions ◽  
The Social

ABSTRACT �This study entitled Legal Policy Against Criminal Acts Insult or Defamation Through the Internet In Indonesia As Cybercrime. The purpose of this study: 1) To know the criminal law policy against defamation crime / defamation through Internet in Indonesia. 2) To know the effort to overcome the obstacle of criminal law policy towards defamation crime / defamation through Internet in Indonesia.Result of Research: 1) Law Enforcement Act No. 11 of 2008 About Information and Electronic Transaction related to social media user in Indonesia in its implementation not effective even very bad. This is because there are still many users of social media users in Indonesia who commit acts against the law in Social media due to limited knowledge about the ITE Act. In addition, the adherence and awareness of the social media users community is generally very low, so this is also causing the rule of law on social media users is not effective. 2) Legal factors, legal policy factors, facilities or factors, community factors and legal culture factors are factors influencing the enforcement of Law Number 11 Year 2008 on Information and Electronic Transactions related to social media users in Indonesia. Because the five factors are causing the ineffectiveness of the implementation of Law Number 11 Year 2008 About Information and Electronic Transactions.Keywords: Criminal Law Policy, Criminal Acts, Cybercrime�ABSTRAK�Penelitian ini berjudul Kebijakan Hukum Terhadap Tindak Pidana Penghinaan Atau Pencemaran Nama Baik Melalui Internet Di Indonesia Sebagai Cybercrime. Tujuan Penelitian ini : 1) Untuk mengetahui kebijakan hukum pidana terhadap tindak pidana penghinaan/pencemaran nama baik melalui Internet di Indonesia. 2) Untuk mengetahui upaya mengatasi kendala kebijakan hukum pidana terhadap tindak pidana penghinaan/pencemaran nama baik melalui Internet di Indonesia.Hasil Penelitian : 1) Penegakan Hukum Undang-Undang Nomor 11 tahun 2008 Tentang Informasi dan Transaksi Elektronik yang berkaitan dengan pengguna media sosial di Indonesia dalam pelaksanaannya tidak efektif bahkan sangat buruk. Hal ini dikarenakan masih banyaknya masyarakat pengguna media sosial di Indonesia yang melakukan perbuatan melawan hukum di Media sosial akibat keterbatasan pengetahuan tentang Undang-Udang ITE. Selain itu, ketaatan serta kesadaran masyarakat pengguna media sosial yang pada umumnya sangat rendah, sehingga hal ini yang menyebabkan pula aturan hukum mengenai pengguna media sosial tidak efektif. 2) Faktor hukum, faktor kebijakan hukum, faktor sarana atau fasilitas, faktor masyarakat dan faktor budaya hukum adalah faktor yang mempengaruhi penegakan Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik yang berkaitan dengan pengguna media sosial di Indonesia. Karena kelima faktor tersebut yang menyebabkan tidak efektifnya pelaksanaan Undang-Undang Nomor 11 Tahun 2008 Tentang Informasi dan Transaksi Elektronik.Kata Kunci : Kebijakan Hukum Pidana, Tindak Pidana Penghinaan, Cybercrime

The Social Dangers Of The Crime Of Abuse Of Power Or Position: Problems Of Theory And Practice

2021 ◽  
Vol 03 (02) ◽  
pp. 72-12
Author(s):  
Shukhrat Khodjievich Alirizaev ◽  
Keyword(s):  
Criminal Law ◽  
Public Life ◽  
Criminal Code ◽  
Theory And Practice ◽  
Abuse Of Power ◽  
Official Position ◽  
The Social ◽  
Position Article

The article deals with the theoretical problems of social danger of the crime of abuse of power or official position (Article 205 of the Criminal Code), its place in criminal law, its connection with other official crimes. It also analyzes the increase in this crime in public life, corruption offenses and the origin of crimes. Signs of these and other official crimes are highlighted. Qualification issues in the competition of general and special official crimes are analyzed.

scholarly journals IMPLIKASI PERUMUSAN DELIK KORUPSI DI DALAM KEBIJAKAN PEMBAHARUAN KITAB UNDANG-UNDANG HUKUM PIDANA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (3) ◽  
Author(s):  
Syaputra Syaputra
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Community Life ◽  
Reform Effort ◽  
The Rule Of Law ◽  
Draft Code ◽  
The Law ◽  
Pass Through ◽  
Sense Of Justice

The Criminal Code as a legacy of Dutch colonialism could no longer follow the dynamism of community life. It is too rigid has obliterated the sense of justice which is the goal of the creation of the law itself. This is because the articles of the Criminal Code deemed unsuitable to the development of crime and offenses increasingly complex. In the draft Code of Criminal Law, as one of the reform effort is the formulation of offenses of corruption set out in Chapter XXXII starting from Article 688 to Article 702. With the formulation of the offense of corruption and offenses positions formulated in the draft Criminal Code will disregard the Law Combating Corruption although this law of particular importance because of the substance of the articles draft Criminal Code wants to make corruption has become common crimes and do not pass through handling extraordinary. Law on Corruption Eradication cannot apply even if there is the principle of lex specialis derogat lex generalis, because of the retroactive principle that applies in the draft Criminal Code so that the decision to force the law can still be applied retroactively when the rule of law that new does not regulate the offense of criminal, so punishment can be eliminated.Keywords: Offense Corruption , Corruption , Reform of draft Criminal Code

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

scholarly journals CONSIDERATIONS OF CRIMINAL LAW AND FORENSIC SCIENCE REGARDING THE ILLEGAL ACCESS TO A COMPUTER SYSTEM

2018 ◽  
Vol 11 (2) ◽  
pp. 49-57
Author(s):  
Adrian Cristian MOISE
Keyword(s):  
Computer System ◽  
Criminal Law ◽  
Personal Information ◽  
Social Engineering ◽  
Criminal Code ◽  
Criminal Offence ◽  
Web Page ◽  
Council Of Europe ◽  
Visual Identity ◽  
The Social

Starting from the provisions of Article 2 of the Council of Europe Convention on Cybercrime and from the provisions of Article 3 of Directive 2013/40/EU on attacks against information systems, the present study analyses how these provisions have been transposed into the text of Article 360 of the Romanian Criminal Code.  Illegal access to a computer system is a criminal offence that aims to affect the patrimony of individuals or legal entities.The illegal access to computer systems is accomplished with the help of the social engineering techniques, the best known technique of this kind is the use of phishing threats. Typically, phishing attacks will lead the recipient to a Web page designed to simulate the visual identity of a target organization, and to gather personal information about the user, the victim having knowledge of the attack.

THE SOCIALDANGEROUSOF SOME CRIMES AGAINST THE FAMILY IN CRIMINAL LAW AND THE ISSUES OF CRIMINALIZATION OF CERTAIN ACTS IN THIS AREA

2021 ◽  
Vol 6 (7) ◽  
pp. 87-96
Author(s):  
Zulkhumor Ibrokhimova ◽  
Keyword(s):  
Criminal Law ◽  
Family Relations ◽  
Disabled Persons ◽  
Criminal Code ◽  
Child Disclosure ◽  
The Social ◽  
The Family ◽  
Practical Standpoint ◽  
The Republic ◽  
Objective Side

This article deals with the social danger of some crimes against family and family relations in the Criminal Code of the Republic of Uzbekistan. From a scientific, theoretical and practical standpoint, the author analyzes the signs of the objective side of the elements of some crimes against the institution of the family, defined in Chapter V "Crimes against family, youth and morality" of the Criminal Code of Uzbekistan. In particular, such crimes as evasion from the maintenance of minors or disabled persons, evasion from the maintenance of parents, substitution of a child, disclosure ofthe secret of adoption, violation of the legislation on marriageable age were comprehensively considered. In addition, the issues of criminalization of certain acts against the family, which are not recognized as criminal in the Criminal Code, were raised and relevant proposals were presented

Criminal-Law Protection of Religious Relations

10.12737/4823 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 41-50
Author(s):  
Виктор Беспалько ◽  
Viktor Bespalko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Russian Society ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
Current State ◽  
Democratic State ◽  
Criminal Offenses ◽  
The Social

In the article the author analyzes the current state of Russian law on crimes against freedom of conscience and religious security. He proves social necessity for criminal law protection of religious relations. He also proposes his classification of the criminal offenses. The article contains the term «religious security». It shows the main threats to religious security in modern conditions, which need counteraction by criminal law. The author developed amendments and additions to the Criminal Code, taking into account the level of religious relations in Russian society. He demonstrates the social significance of protection of the personal freedom of conscience and religious security from criminal trespasses in a democratic state. The author based results of his investigation on sociological findings and links to sources of domestic and foreign criminal law.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Law Enforcement Efforts against the Crime of Body Shaming Through Mediation

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Data Collection ◽  
Qualitative Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Self Esteem ◽  
Criminal Code ◽  
Literature Study ◽  
Collection Method

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

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