scholarly journals The Indonesian Electronic Information and Transactions Within Indonesia’s Broader Legal Regime: Urgency for Amendment?

Jurnal HAM ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 533
Author(s):  
Tasya Safiranita ◽  
Travis Tio Pratama Waluyo ◽  
Elizabeth Calista ◽  
Danielle Putri Ratu ◽  
Ahmad M. Ramli
Keyword(s):  
Hate Speech ◽  
Freedom Of Expression ◽  
Information Policy ◽  
Comparative Approach ◽  
Legal Regime ◽  
Electronic Information ◽  
Interdependent Network ◽  
The Press ◽  
The Law ◽  
The Government

Cyberspace is the interdependent network of information technology infrastructures such as the internet, telecommunications networks, and computer systems. Meanwhile, Indonesia’s Law Number 11 of 2008 and its amendment through Indonesian Law Number 19 of 2016 governing cyberspace have been viewed to contradict and infringe other areas of law, such as protection of press or freedom of expression. Hence, this study seeks to identify the controversies and problems regarding the law deemed urgent for amendment. Further, this study creates recommendations so the government may amend electronic information policy more fairly and efficiently. This study uses a judicial normative and comparative approach. This research tries to analyze the existing regulations and the implementation and compare Indonesia’s cyberspace regulation with other States’. This study finds that Articles 27(3) and 28(2) of the law criminalize defamation and hate speech in an overly broad manner and that Article 40(2)(b) allows the government to exercise problematic censorship. As a result, they have infringed the freedom of the press and general freedom of expression in practice. In response to this, this study compares similar provisions from other States and recommends amendment the articles to become narrower and more clearly defined.

Sedition in Liberal Democracies

2018 ◽  
Author(s):  
Anushka Singh
Keyword(s):  
Freedom Of Expression ◽  
Legal Protection ◽  
Community Based ◽  
Political Speech ◽  
Liberal Democracies ◽  
Indian Experience ◽  
Judicial Discourse ◽  
The Law ◽  
The Government ◽  
The Right

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.

scholarly journals Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi

Humaniora ◽  
2014 ◽  
Vol 5 (1) ◽  
pp. 216
Author(s):  
Vidya Prahassacitta
Keyword(s):  
Social Responsibility ◽  
Political Party ◽  
Code Of Conduct ◽  
High Position ◽  
Secondary Sources ◽  
Library Research ◽  
The Press ◽  
Freedom Of Press ◽  
The Law ◽  
The Government

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 

The attempted impeachment of Sir William Scroggs, Lord Chief Justice of the court of King's Bench, November 1680–March 1681

1995 ◽  
Vol 38 (4) ◽  
pp. 843-873 ◽  
Author(s):  
Lois G. Schwoerer
Keyword(s):  
Print Culture ◽  
Whig Party ◽  
Legislative Authority ◽  
Chief Justice ◽  
Chief Minister ◽  
The Press ◽  
History Of ◽  
The Law ◽  
The Government ◽  
History Of The Press

ABSTRACTGenerally dismissed by historians as just an hysterical gesture by parliamentary whig leaders disappointed and angered over the failure of the second Exclusion Bill, the attempted impeachment in 1680–1 of Sir William Scroggs was in fact a complicated and important affair. Although a failure in legal terms (because King Charles dissolved two parliaments), it succeeded in political terms when the king dismissed Scroggs. A propaganda ploy to embarrass the duke of York and also the king of England, re-unite the whig party, and re-ignite anti-popery fervour to promote another try at Exclusion (contrary to recent revisionism), the proceedings provoked discussion of many central issues, but most importantly of the legislative authority of parliament, or control of the law; the affair provoked a ‘crisis of authority’. Print culture played an unprecedented role: four of the eight articles of impeachment against Scroggs were connected with the press. Press people, in effect, brought down a chief minister of the crown and severely embarrassed the government, an event of signal importance in the history of the press.

scholarly journals Digital Security Act and Investigative Journalism in Bangladesh: A Critical Analysis

2020 ◽  
Vol 2 (2) ◽  
pp. 216-236
Author(s):  
Md. Aliur Rahman ◽  
Harun-Or Rashid
Keyword(s):  
Freedom Of Expression ◽  
Investigative Journalism ◽  
Secondary Sources ◽  
Information And Communication ◽  
The Media ◽  
The Law ◽  
The Government ◽  
Negative Impacts ◽  
The Right ◽  
Harmful Effects

The Digital Security Act 2018 has created some barriers for citizens' accessing information and freedom of expression, particularly for the media professionals including journalists in Bangladesh. Thus, investigative journalism is now in a state of fear for distinction. In this context, the purpose of the study is to explore various effects of this Act, as well as to focus on different directions of protection while facing fears associated with the law. Showing the necessities for investigative journalism, this article also presented different fields of such an effective journalism. Methodologically, this article has followed the qualitative approach and collected information from both the primary and secondary sources. The findings from this study have shown that the fear of negative impacts form the Digital Security Act is dominant although the aim of the law, as described, is to provide security for information and communication. From the analysis of opinions of experts, it is easily predictable that some articles of the law have created dangerous threats on the way of investigative journalism, considering its applicable effects. Most of the experts expressed concerns about the negative impacts the law does have, as shown in the findings.  It is also reflected that these harmful effects would fall ultimately on the shoulder of the state creating such a bad situation where the government is feared to have lagged in terms of taking the right decisions at the right time.

scholarly journals Tanggung Jawab Sejarah dan Kebudayaan di Balik Pelarangan Buku di Indonesia

HUMANIS ◽  
2020 ◽  
Vol 24 (4) ◽  
pp. 464
Author(s):  
Anak Agung Ayu Rai Wahyuni
Keyword(s):  
Cultural Awareness ◽  
Freedom Of Expression ◽  
Reform Era ◽  
Pros And Cons ◽  
The Law ◽  
Book Banning ◽  
The Republic ◽  
The Government ◽  
Library Method

Book prohibition in Indonesia has been going on since the first President of the Republic of Indonesia, Soekarno. This prohibition continued in greater quality and quantity during the reign of the second President of the Republic of Indonesia, Soeharto. In the reform era, when freedom of expression found its space, book prohibition continued. This article examines the historical and cultural responsibility behind book banning. How about the prohibition of books in the Soekarno, Suharto era, and the reform era. What are the pros and cons that occur, as well as what solutions satisfy various parties. The method used is the library method, by reading, inputting data, and studying based on library data.  This article explains that the author of the book must be responsible for the content of his writing. Themes such as the Movement of the PKI are sensitive themes, therefore writers must have historical and cultural awareness. Likewise, the government is expected to be able to review a book, and not to unilaterally freeze or ban it. Bringing a book into the realm of law is supported by the necessary evidence, so that all parties get justice based on the law, history and culture of the nation for the unity of the Republic of Indonesia based on the pillars of development and survival as a nation.

scholarly journals Extreme Speech, Democratic Deliberation, and Social Media

2021 ◽  
Author(s):  
Jeffrey W. Howard
Keyword(s):  
Social Media ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Alternative Mechanism ◽  
Democratic Deliberation ◽  
Media Companies ◽  
Moral Responsibilities ◽  
The Law ◽  
Democratic Discourse

Social media are now central sites of democratic discourse among citizens. But are some contributions to social media too extreme to be permitted? This entry considers the permissibility of suppressing extreme speech on social media, such as terrorist propaganda and racist hate speech. It begins by considering the argument that such restrictions on speech would wrong democratic citizens, violating their freedom of expression. It proceeds to investigate the moral responsibilities of social media companies to suppress extreme speech, and whether these ought to be enforced through the law. Finally, it explores an alternative mechanism for combatting extreme speech on social media—counter-speech—and evaluates its prospects.

scholarly journals PROTECTION ON FREEDOM OF THE PRESS FOR FOREIGN JOURNALISTS AND JOURNALISTIC VISA IN INDONESIA

2021 ◽  
Vol 1 (1) ◽  
pp. 56-65
Author(s):  
Fianka Aiza ◽  
Lena Farsia
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
Freedom Of The Press ◽  
Legal Rules ◽  
Legal Method ◽  
The Press ◽  
Freedom Of Press ◽  
The Law

This study analyses how Indonesia enforces the law to protect the freedom of the press for foreign journalists and imposes strict visa regulations on them. The method used to conduct this research is the normative legal method. This study shows that Indonesia upholds human rights such as freedom of expression, but there are no specific legal rules to uphold such rights over foreign journalists. Rules are only available on the enactment of a journalistic visa. Therefore, it is recommended for Indonesia's Lawmakers to compose a new Law to uphold the rights and obligations of foreign journalists while they are in Indonesia and develop a monitoring body for foreign journalists so that Indonesia can ensure the protection of freedom of the press and the national security. Keywords: Foreign journalists; Freedom of Press; Journalistic Visa.

scholarly journals Szabadság határokkal, avagy európai útmutató a szólásszabadság jogszerű gyakorlásához

2019 ◽  
Vol 18 (3-4) ◽  
pp. 25
Author(s):  
László Vári
Keyword(s):  
Free Speech ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Case Law ◽  
European Law ◽  
Fake News ◽  
European Court ◽  
The Press ◽  
The Everyday ◽  
New Challenges

Az online kommunikációs tér kínálta lehetőségekkel, illetve annak egyre terjedő használatával felértékelődött a vélemény és a kifejezés szabadságának jelentősége, a mindennapok szóhasználatával pedig a szólás- és sajtószabadság szerepe. Nemcsak azért, mert a mobil világ kiváló, eddig nem ismert lehetőségeket hordoz magában a szabadságjog gyakorlásához, érvényesüléséhez, hanem mert a digitális korban újabb, eddig ismeretlen vagy kevésbé jelentős problémák is felerősödnek. A félrevezető és álhírek, a profilfelfüggesztés, a kommenttörlés, a rágalmazás, és a gyűlöletbeszéd még sokáig lehetne sorolni azokat a problémákat, melyek egytől egyig a kifejezés szabadságának jogszerűtlen gyakorlatára vezethetők vissza. Mindezek nemcsak egyéni, de társadalmi szinten is komoly veszélyt jelentenek, így befolyásolva a demokratikus társadalmakat és azok fejlődését. Éppen ezért válik jelentőssé az a kérdés, hogy hogyan lehet a szólásszabadság sérelmére visszavezethető problémákat kiküszöbölni, és az említett kihívásokra megoldást találni. A következő oldalakon a nemzetközi és európai jogból, azok magyarázataiból és az európai joggyakorlatból kiolvasható válaszokat gyűjtjük össze, hogy rávilágítsunk a jogsértések okaira, és európai megoldásokat keressünk azok orvoslására. --- Liberty with limitations, a European guide to the rightful exercise of the freedom of expression In the digital age, in line with the opportunities of cyberspace and the increasing use of mobile communication the importance of freedom of expression, the so-called free speech and freedom of the press have become more salient. Not only because they carry new opportunities for the practice and the prevalence of freedom, but because new challenges emerge alongside new opportunities. Misleading and fake news, profile suspensions, deleted comments, defamation, hate speech and many other problems, can all stem from the violation of the freedom of opinion and expression. These violations of freedom carry dangers both at an individual and sociatal level, thus influencing the everyday life of democratic societies and their development. Therefore, the question becomes crucial: how can we fix these problems and provide the best solution to these challenges. In the following we will explore international and European law, their explanations and the case-law of the European Court of Human Rights in order to find European explanations behind the reasons for violations, as well as legal solutions for exercising freedom of expression. Keywords: freedom of expression, international and regional freedom of expression law, European case-law, 3rd party liability, public watchdogs, misleading and fake news, defamation, hate speech, copyright

THE BRITISH UNION OF FASCISTS AND THE OLYMPIA DEBATE

1998 ◽  
Vol 41 (2) ◽  
pp. 529-542 ◽  
Author(s):  
MARTIN PUGH
Keyword(s):  
Free Speech ◽  
National Government ◽  
House Of Commons ◽  
The Press ◽  
The Law ◽  
The Government

The object of this article is to reassess received views about the significance of the 1934 rally at Olympia for the fortunes of the British Union of Fascists. It begins by analysing the debate in the House of Commons which is traditionally seen as reflecting a reaction against BUF methods, and shows the extent to which it actually revealed sympathy amongst National Government members. Then follows a discussion of reactions in the press. The article suggests that far from being purely negative, the effect of Olympia in some parts of the press was to attract more attention, and not necessarily of a hostile nature. Finally it examines the reasons for hesitation on the part of the government in using the law and the police to curtail BUF methods in the aftermath of Olympia. It shows how far Mosley continued to conduct large indoor meetings, partly because he was able to make use of the existing law. The article concludes that the British defence of free speech after 1934 was less firm than is usually supposed and that resistance to fascism by the authorities was of marginal significance.

Wither Legislative Supremacy?

2020 ◽  
pp. 191-214
Author(s):  
Adam B. Cox ◽  
Cristina M. Rodríguez
Keyword(s):  
Decision Making ◽  
Immigration Policy ◽  
Separation Of Powers ◽  
Immigration Law ◽  
Legal Regime ◽  
System P ◽  
Democratic Engagement ◽  
History Of ◽  
The Law ◽  
The Government

This chapter evaluates a central critique of the President’s power to make policy through enforcement, embodied in Justice Anthony Kennedy’s exclamation that President Obama’s relief initiatives would have turned the government “upside down.” This worry that the Executive might transform its authority to enforce the law into a legislative power that belongs to Congress is misplaced. The history of presidential immigration law underscores why. After demonstrating the impossibility of constraining enforcement judgments through a lawyerly search through the immigration code for congressional priorities, the chapter then explains and defends a two-principals model of decision-making, using the terms of contemporary separation of powers theory. The governance in which the Executive engages as a co-principal in the formulation of immigration policy provides a vital complement to the legislature, not only by checking legislative excess and adapting the legal regime in response to the effects of the law on the ground, but also by expanding possibilities for democratic engagement and policymaking within an otherwise sluggish system.

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