scholarly journals PERLINDUNGAN DATA PRIBADI TERHADAP TINDAKAN PENYEBARAN SEX TAPE MENURUT HUKUM POSITIF DI INDONESIA

2021 ◽  
Vol 5 (2) ◽  
pp. 440
Author(s):  
Moody R Syailendra

Technological developments give rise to various kinds of influences in human life. This influence not only has a positive impact, but also has a negative impact because of the misuse of technology. One of the recent incidents is the widespread distribution of pornographic videos (sex tapes) played by artists or ordinary people, for the benefit of the spreader or as a medium for extorting objects in photos/videos. This paper aims to look at forms of legal protection against the ownership of personal data containing pornography and to see steps that private owners can take to protect their personal data. In this paper, the author uses a legal research method, which is a know-how activity (finding how), not just know-about (searching about). As a know-how activity, legal research is conducted to solve legal issues faced. In this study, it can be concluded that the Electronic Personal Data containing pornography can be protected by law as a scope for the personal interests of the object in the photo/video itself. However, the data must be maintained and stored so that there is no access from other parties who can disseminate the data. The owner of personal data has personal rights to his electronic personal data, if the personal data is in the hands of another person, then the right holder has the authority to do something or not to do something to his personal data. One of the protection measures that can be taken is the destruction of personal data to prevent data misuse. Perkembangan teknologi memunculkan berbagai macam pengaruh di dalam kehidupan manusia. Pengaruh tersebut tidak hanya memberikan dampak positif, tetapi juga turut berkembang pula pengaruh negatif Sebagai dampak penyalahgunaan teknologi. Salah satu kejadian yang marak belakangan ini adalah maraknya penyebaran video porno (sex tape) yang diperankan oleh kalangan artis atau masyarakat biasa, demi keuntungan penyebar atau sebagai media pemerasan kepada objek di dalam foto/video. Tulisan ini memiliki tujuan untuk melihat bentuk perlindungan hukum terhadap kepemilikan data pribadi bermuatan pornografi dan melihat langkah yang dapat diambil pemilik pribadi untuk melindungi data pribadi miliknya. Pada tulisan ini, penulis menggunakan metode penelitian hukum, yaitu suatu kegiatan know-how (mencari bagaimana), bukan sekadar know-about (mencari tentang). Sebagai kegiatan know-how, penelitian hukum dilakukan untuk memecahkan isu hukum yang dihadapi. Dalam penelitian ini, dapat disimpulkan bahwa Data Pribadi Elektronik bermuatan pornografi dapat dilindungi oleh hukum sebagai lingkup untuk kepentingan pribadi objek di dalam foto/video sendiri. Namun data tersebut haruslah dijaga dan disimpan agar tidak ada akses dari pihak lain yang dapat menyebarluaskan data tersebut. Pemilik data pribadi memiliki hak pribadi terhadap data pribadi elektroniknya, apabila data pribadi tersebut berada di tangan orang lain, maka sebagai pemegang hak memiliki wewenang untuk melakukan sesuatu atau tidak melakukan sesuatu terhadap data pribadinya. Salah satu upaya perlindungan yang dapat dilakukan dengan pemusnahan data pribadi untuk mencegah penyalahgunaan data.

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Sugiharto Sugiharto ◽  
Andi Aina Ilmih

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.


Author(s):  
Wicipto Setiadi ◽  
Beniharmoni Harefa ◽  
Heru Suyanto ◽  
Martina Indrirarosa

The development of information and technology, has a positive impact on human life, but on the other, it will have a negative impact. The misuse of social media, especially in the school, is an important thing to pay attention to. This paper aims to provide understanding and legal assistance in order to avoid misuse of social media. The first step taken was to provide socialization and enlightenment to the students and the school, especially SMAN 2 Kota Serang about the dangers of misuse of social media. Understanding and enlightening students about the dangers of misuse of social media is an effort to prevent the occurrence of misuse of social media, especially in the school. The results and impact of the implementation of program can be seen in the understanding of students and schools regarding the dangers of misuse of social media. Keywords: legal protection, UU ITE, studentAbstrak:Perkembangan informasi dan teknologi disatu sisi memberikan dampak positif bagi kehidupan manusia, namun disisi lain akan memberikan dampak negatif. Penyalahgunaan media sosial khususnya dilingkungan sekolah menjadi hal penting untuk diperhatikan. Tulisan ini bertujuan untuk memberikan pemahaman dan pendampingan hukum guna menghindari penyalahgunaan media sosial. Langkah pertama yang dilakukan adalah memberikan sosialisasi dan pencerahan kepada para siswa dan pihak sekolah khususnya SMAN 2 Kota Serang akan bahaya penyalahgunaan media sosial. Pemahaman dan pencerahan kepada para siswa akan bahaya penyalahgunaan media sosial menjadi upaya pencegahan (preventif) terjadinya penyalahgunaan media sosial khususnya di lingkungan sekolah. Hasil dan dampak pelaksanaan kegiatan terlihat pada pemahaman siswa dan pihak sekolah pada bahaya penyalahgunaan media sosial. Kata kunci: perlindungan hukum, UU ITE, siswa


2021 ◽  
Vol 8 (4) ◽  
pp. 423-433
Author(s):  
Dana R. Buana ◽  
Masayu N. Juwita

The development of religious extremism in Indonesia continues to increase every year so that serious attention is needed by the government to deal with religious extremism in Indonesia. Indonesia is an archipelagic country where there are various ethnic groups and religions that coexist. However, the development of religious extremism sometimes becomes a serious problem for the Indonesian people because it can have a negative impact and damage the unity between nations and religions. This research uses literature study. This research method is carried out by reviewing various literatures, both books, newspapers, survey reports, academic journals related to religious extremism in Indonesia. The results show that not all religious extremism has an impact on the emergence of terrorism, but the government still must make the right policies in handling religious extremism that can cause division and affect peoples welfare. The policies that have been made by the government are considered appropriate and based on the laws that have been set by the government so that they can have a positive impact in maintaining the unity and integrity of the Indonesian nation.


2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right


2020 ◽  
Author(s):  
Benteng Martua Mahuraja Purba ◽  
Dewi Lidya Sidabutar ◽  
Alfian

The development of the times was followed by technological developments as well as the consumptive behavior of electronic devices such as smartphones. This technological progress has two impacts, namely positive and negative impacts. The positive impact is that humans get ease in accessing information, connecting with others quickly through social networks. The negative impact of smartphone usage on elementary school children is excessive use, plus there is no healthy control mechanism both at school and at home. The purpose of this paper is to focus on relevant Christian religious education without having to reject the progress of the times for students so that the problem of smartphone addiction can be anticipated early on. This research uses descriptive method and case study with a qualitative approach.


2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.


2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. 


2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.


Author(s):  
I Wayan Juwahyudhi

ABSTRACTOne of the police authorities is a discretionary action, where the action can also be done at the time of the investigation in dealing the juvenile offenders to protect children’s right to get justice and maximum legal protection. In the Law Number 11 of 2012 on the Juvenile Criminal Justice System stipulate about the investigator authority to carry out action of diversion, but this only applies to children under sentence of less than 7 years in prison and does not apply in children who are subject to punishments of more than 7 years in prison. This is contrary to the 1945 Constitution and the Law Number 23 of 2002 which emphasizes the protection of children before the law an the efforts to avoid imprisonment of the juvenile offenders.The thesis describes the police authority and the legal mechanisms and policies by the investigator in protecting the right on the juvenile offenders that puts the principles of legal protection. In order to avoid negative effects on children, therefore the police discretion is needed to avoid restrictions on freedom of the children’s right. The method used is a normative legal research method, where the normative or library legal research method is done by examining existing library materials.The writer suggested to the government to be more serious in dealing with the problems of children, especially for the juvenile offenders so that the welfare and right of children are protected and to avoid restrictions on freedom and minimize for juvenile offenders.


Sign in / Sign up

Export Citation Format

Share Document