Pornography

Author(s):  
Susan Mendus

There are three main questions about pornography. (1) How is pornography to be defined? Some definitions include the contention that it is morally wrong, while others define it neutrally in terms of its content and function. (2) Why is it wrong? Some accounts see the moral wrong of pornography in its tendency to corrupt individuals or to have detrimental effects on the morality of society; other accounts declare pornography to be objectionable only in so far as it causes physical harm to those involved in its production, or offence to unwilling observers. (3) Should pornography be restricted by law? Controversy here centres around whether the law should be used to discourage immorality, and whether the importance of free speech and individual autonomy are such as to rule out legislating against pornography. Here, the pornography debate raises very general questions about law and about autonomy in liberal societies.

2012 ◽  
Vol 53 (1) ◽  
pp. 47-61
Author(s):  
Dariusz Konrad Sikorski

Summary After 1946, ie. after embracing Christianity, Roman Brandstaetter would often point to the Biblical Jonah as a role model for both his life and his artistic endeavour. In the interwar period, when he was a columnist of Nowy Głos, a New York Polish-Jewish periodical, he used the penname Romanus. The ‘Roman’ Jew appears to have treated his columns as a form of an artistic and civic ‘investigation’ into scandalous cases of breaking the law, destruction of cultural values and violation of social norms. Although it his was hardly ‘a new voice’ with the potential to change the course of history, he did become an intransigent defender of free speech. Brought up on the Bible and the best traditions of Polish literature and culture, Brandstaetter, the self-appointed disciple of Adam Mickiewicz, could not but stand up to the challenge of anti-Semitic aggression.


Author(s):  
Fawzieh Salem Mubarak Busboos

Family reform and judicial discretion of the judge to resolve family disputes are one of the most important ways to protect the continuity and cohesion of the family، Islam has given the family a central place in society and has given it great care in terms of its foundation on the requirements of religion as well as in terms of its continuity on a solid foundation of intimacy and compassion. Islam as a realistic religion didn't rule out exposing this family for a series of conflicts that threaten its stability. Therefore، Islam urged to reform between the spouses whenever there is a disagreement between them. Islam gave the judge a judicial discretion in resolving family disputes. Jordanian Personal Status Law didn't deviate from what is prescribed in Islamic jurisprudence، where the judge was given a judicial discretion in resolving family disputes، A judicial discretion is the freedom that left by the law to a judge either expressly or implicitly، This is in order to choose the most appropriate and the closest solution among other solutions. We have concluded that one of the most important factors for the success of the judge in reducing family disputes is providing appropriate conditions for effort and reform attempts.


2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 9
Author(s):  
Arief Rahman Siregar ◽  
Gunarto Gunarto

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.


2014 ◽  
Vol 1 (2) ◽  
Author(s):  
Said Firdaus

Aceh Indonesian Broadcasting Commision is an independent institution and has authority according to the law to manage the running of broadcasting in Aceh. In performing it tasks and function, KPID has been assisted by a secretariat where the personnels are outsourcing staff. To evaluate the performance of staff, KPID carried out performance evaluation system.Performance evaluation system at KPID is in form of individual evaluation where a superior directly evaluate behaviour and performance of his/her subordinates. For behaviour evaluation, the results of evaluation is in form of good, middle, and less good behaviour. While for performance, the results is in form of the achievement of job volume. The results would then be base for the decision of the institution.According to evaluation been done and compared with the theory, it can be concluded that in the staff job performance evaluation within KPID, the system used has been complied with the regulation. It can be seen from the administration of staff job performance evaluation at KPID where the method used was the same as the theory. 


Art Attacks ◽  
2018 ◽  
pp. 58-88
Author(s):  
Malvika Maheshwari

Chapter 2 of this first section turns to independent India’s concerns with law as a broader problem and solution to this issue of violence, and questions whether legal-institutional logics might have produced not less but more offence-taking. The idea here is not simply to ‘critique’ vigilant, and even, as many would argue, necessary laws and regulatory bodies, or to suggest that they are the cause of the escalation of violence against artists. The widespread and dramatic increase in criminalized competitive and communal electoral politics, the onslaught of globalized media since the economic liberalization of the 1990s, the rise and radicalization of Hindu nationalism since the mid-1980s, the politically creative and deepening bargaining capacity of hitherto disadvantaged groups—all have played a part in the definitive increase in the anxieties around free speech and the attacks against artists. However, if the violence of offence-taking steadily came to not so much dislocate but relocate itself in the courts, the courts themselves remain a critical element among many others that contributed to the precariousness of free speech, with the law emerging as a medium of harassment.


2020 ◽  
pp. 1-20
Author(s):  
Zoe Adams

This introductory chapter explains the motivation behind the book. It argues that it is unhelpful to talk about what labour law should be doing, and how, without a deeper understanding both of what law is, its ontology, and the nature of the society to which it is specific. The chapter introduces key themes and ideas, and outlines, briefly, the chapters to follow. It introduces the reader to social ontology, and the particular approach to social ontology inspiring the book. It contrasts two competing conceptions of the law–market and law–society relationship, and explains how these conceptions influence assumptions about the nature, and function, of labour law, and of the concept of the wage.


2020 ◽  
pp. 320-411
Author(s):  
Jonathan Herring

This chapter examines the legal and ethical aspects of contraception, abortion, and pregnancy. Topics discussed include the use and function of contraception; the availability of contraception; teenage pregnancy rates; tort liability and contraception; ethical issues concerning contraception; the law on abortion; the legal status of the foetus; abortion ethics; and controversial abortions. A major current issue is the extent to which, if at all, the criminal law should be involved in the law of abortion. The chapter also considers arguments on legal interventions for pregnant women; for example, imprisoning a drug-using mother to ensure that her unborn child does not suffer from the consequences of her drug use.


2019 ◽  
pp. 307-316
Author(s):  
Kirsty Horsey ◽  
Erika Rackley

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.


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