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

scholarly journals PENEGAKAN HUKUM PIDANA BAGI PELAKU PENYEBAR KONTEN PORNOGRAFI DI MEDIA SOSIAL DITINJAU DARI UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK

2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Gomgom T.P Siregar ◽  
Indra Purnanto S. Sihite
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Criminal Law ◽  
Electronic Transactions ◽  
The Social ◽  
The Law

The handling of cases of spreading pornographic photos through the social media Facebook is not subject to temporary detention when conducting an investigation because based on the investigator's belief, the perpetrator will not run away, nor will he remove evidence, but what happens is evidence from the perpetrator. Using normative juridical research, which examines the regulations of Law No. 19/2016 on ITE. Criminal law enforcement for perpetrators of spreading pornographic content on social media in terms of the Law on Information and Electronic Transactions Article 45 paragraph 1 of Law No. 19 of 2016 on ITE, the threat of punishment for the perpetrators of dissemination can be sentenced to a maximum imprisonment of 6 years and a maximum fine of Rp. 1,000,000,000 billion.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

scholarly journals Effectiveness Through Crime Investigation Complaint Case Holds In Central Java Police Jurisdiction

2018 ◽  
Vol 1 (2) ◽  
pp. 323
Author(s):  
Yuniar Pradhana Mukti ◽  
Gunarto Gunarto
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Central Java ◽  
Crime Investigation ◽  
National Police ◽  
Police Effectiveness

Problems of criminal law, especially the problem of crime, abuse and all kinds of acts that fall into the category of offense is now becoming one of the crucial problems and quite tricky to overcome. In line with the task of institution Indonesian National Police (INP) in an effort to maintain security and order and enforcement of justice citizens, then the effectiveness of the investigation and the disclosure of a criminal offense it is important to be maximized. The aim is to give meaning to the rule of law in Indonesia that provides fairness, expediency and legal certainty.Keywords: Criminal Law; Police; Effectiveness; Law Enforcement

Corruption and Tax Evasion in Croatia

2014 ◽  
Vol 6 (2) ◽  
pp. 141-165
Author(s):  
Predrag Bejaković
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Tax Evasion ◽  
Political Support ◽  
The Rule Of Law ◽  
East European ◽  
The Social ◽  
The Republic ◽  
The Government ◽  
Run Up

South-East European countries continue to suffer from wide-spread and deeply rooted corruption. This article is concerned with the social and economic sources of corruption and disrespect for the rule of law in the Republic of Croatia (rc), with particular attention being paid to tax evasion. Although the government of the rc has expressed a determination to undertake measures against corruption and tax evasion, it faces criticism that the fight against these social evils is not being given sufficient political support and respect. While it is clear that in the run up to joining the eu the rc has enacted different laws and institutions targeted towards the reduction of corruption; a serious problem remains in the low level of law enforcement. Croatia’s ineffective legal system and a lack of transparency have consequently presented significant challenges to investors. Moreover, the fight against corruption is often hampered by an inefficient public administration and a lack of intra-governmental coordination.

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 Penegakan Hukum terhadap Tindak Pidana Tanpa Hak Menguasai Senjata Tajam dalam Aksi Unjuk Rasa Penolakan RUU KUHP

2021 ◽  
Vol 4 (2) ◽  
pp. 1075-1080
Author(s):  
Imanuel Sembiring ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Policy ◽  
Preventive Measure ◽  
Criminal Code ◽  
District Court ◽  
Penal Policy ◽  
The Rule Of Law ◽  
The Right

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.

scholarly journals The “Enemization” of Criminal Law? An Inquiry into the Sociology of a Legal Doctrine and its Political and Moral Underpinnings

2019 ◽  
Vol 13 (4) ◽  
pp. 447-463
Author(s):  
Dominique Linhardt ◽  
Cédric Moreau de Bellaing
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Knowledge Production ◽  
Sociology Of Knowledge ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
The Past ◽  
The Social ◽  
Knowledge Perspective ◽  
Critical Resource

Abstract The fight against terrorism has undergone major changes over the past thirty years. These changes have often been interpreted as a manifestation of “exceptionalism,” a trend that should be criticized for undermining the rule of law. We agree with this diagnosis but want to take a further step by acknowledging that this critical relationship to developments in counterterrorism is an integral part of the social processes to be studied. To this end, our approach places knowledge production at the heart of the scientific study of the fight against terrorism. We aim to understand how the so-called enemy criminal law—a legal dogmatic undertaking that has been used in various settings to reflect on the issue of counterterrorism—has gradually evolved from an objectivist analysis to a critical resource, without its axiomatics having fundamentally changed. With the help of what, in France, is called the “sociologie des épreuves,” we show that this transformation has been achieved through the confrontation of the doctrine with different sociopolitical contexts. We aim to document and help explain this unique trajectory from a sociology of knowledge perspective.

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 LEGAL ASPECTS OF JUSTICE IN CRIMINAL LAW ENFORCEMENT

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Carolina Da Cruz
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Legal Aspects ◽  
Legal Process ◽  
Human Welfare ◽  
True Nature ◽  
The Rule Of Law ◽  
The People ◽  
Law And Justice

Criminal Law enforcement is an effort to realize legal ideas and concepts oriented to legal certainty as a noble ideal that must be applied by the state. The implementation of justice in criminal law enforcement in Indonesia can be said to be far from the goals to be realized by the rule of law. Enforcement of law and justice in the context of a fair legal process is a guarantee of the rule of law based on the constitution that must be able to realize and be felt by the people seeking justice as a reality. The law that is implemented and enforced must be a law that contains the values of justice, therefore, the true nature of law enforcement lies in the activity of harmonizing the relationships of values that are interpreted in the rules that are stable and manifest and act as a series of translation of the stage value the end, to create, preserve, and maintain the peace of association of life. In essence, the establishment of law and justice is a form of human welfare physically and mentally, socially, and morally.

scholarly journals Is “Public Interest” a Conceptual Category of Contemporary Polish Procedural Criminal Law?

2020 ◽  
pp. 93-104
Author(s):  
Hanna Paluszkiewicz
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Public Interest ◽  
Criminal Procedure ◽  
Conceptual Category ◽  
The Rule Of Law ◽  
The Social ◽  
The Subject ◽  
State Prosecutors

This study aims at presenting conceptual category named “public interest” under the Polish procedural criminal law. The concept of “public interest”, which is the subject of this analysis, is treated as an indefinite term, functioning as a general clause, whose the task of which is to render a legal text more “flexible” by referring to a set of values outside of the system. The term “public interest” is no longer used in the provisions of the Code of Criminal Procedure. The legislator still uses many other general clauses, including the “social interest” clause. The analysis of cases in which this clause is used shows that, in fact, these two conceptual categories may not be equated, should not be used interchangeably, and are not synonymous. Although the term “public interest” is no longer a statutory term under the Code of Criminal Procedure, given the fact that it expresses values such as respect for the law and the rule of law, it should be assumed that by proper shaping of the criminal trial model and ensuring that entities performing the role of public interest advocates participate in it, these values are – at least potentially – protected. State prosecutors, in their capacity of public interest advocates and in order to properly discharge their duty to uphold the rule of law, should maintain organizational independence and procedural impartiality.

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