scholarly journals Dealing With the Body Shaming Phenomenon in Cyberspace: Prevention and Challenges in Law Enforcement

2022 ◽  
Vol 3 (1) ◽  
pp. 12-20
Author(s):  
Dewi Bunga

Body shaming is one of the verbal crimes that exist in cyberspace. According to the Clarity Clinic, body shaming is the act of humiliating someone based on their body shape by mocking them. Launching the official website of the Association of Anorexia Nervosa and Associated Disorders, body shaming is any act or practice of insulting other people's body shape or size, weight, hairstyle, dress and appearance. In this study, two problems will be discussed, namely 1) why body shaming act needs attention in criminal law policies and 2) how criminal law policies deal with body shaming. This research is a normative juridical research that examines legal norms regarding body shaming in Indonesia. Legal materials consist of primary and secondary legal materials collected through literature study. The analysis was carried out qualitatively. Body parts are used as objects to drop a person's image. Body shaming is a form of bullying or bullying. Practices like this can leave severe emotional trauma and disrupt the victim's mental health. The trauma experienced by the victim can even occur in the long term. This form of bullying can be carried out by the closest people such as parents, relatives, friends, strangers, to negative comments on social or conventional media. Body shaming act in cyberspace is a challenge in criminal law policy in Indonesia, both in the context of prevention and in law enforcement policies against perpetrators. Digital literacy is a very important pillar to understand that mocking someone's body shape is a crime.

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi

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.


2020 ◽  
Vol 10 (1) ◽  
pp. 54-72
Author(s):  
Saeful Bahar Bahar

This article highlights the controversy of revised act of corruption commission (UU KPK) and of the Book of Criminal Law (KUHP) which had heated up. By using legal gap theory, this writing uncovers the legal gap between the contents of revised KUHP and living laws. Consequently, people in the grassroots level seem more enthusiastic about the issue, for example, the fines because livestock entering other people yards than weakening KPK issues that drive a wave of demonstrations at the level of well-educated people. Many studies in the sphere of sociology of law that have conducted gave much attentions to the living law or norm in the mods of society. However there is not much of them which gave attention to the legal gap phenomena, it is the incompatibility between living law and formal one. Whereas, such an approach tend to be considered late if it we aim to put the sociology of law as one discipline of social science which is useful in strengthening the law enforcement. In the hilt of the matter, there is an issue of the legal gap which should have been expressed from the beginning, mainly as to the compatibility between formal and informal law when legislation was going on. By utilizing literature study, the research found that; firstly, the resistance against revised KUHP is the logical consequence of legal gap phenomena that has potential legal conflict. Secondly, there are four major manners could be done to resolve the gap; repression, counseling, reformation and restorative justice.


Author(s):  
Evgeny S. Dubonosov ◽  
Natalia V. Bugaevskaya ◽  
Tat’iana S. Volchetskaia ◽  
Valery N. Vlasenko

The purpose of this study is multidisciplinary research of the amendments to anti-corruption criminal-legal norms connected with crimes of corruption. By the example of statistics, judiciary and work practices of operational division in the regions of Siberia and the Central Russia norm application in questions of small-sized bribery are discussed together with unsystematic nature of its introduction to criminal law undermining justice principle. This study analyses criminal law cases connected with criminalization of corruption actions in the domain of purchases of goods, works, and services for supplying of state or municipal necessities. This article supports the idea of necessity of struggle with provocation of the bribe or bribery, including operational units realized by employees. Differences of operational experiment conducted for registration of corruption action, and provocation of the bribe or bribery are indicated


2020 ◽  
Vol 287 (1927) ◽  
pp. 20200477
Author(s):  
Callum G. Donohue ◽  
Jan M. Hemmi ◽  
Jennifer L. Kelley

A three-dimensional body shape is problematic for camouflage because overhead lighting produces a luminance gradient across the body's surface. Countershading, a form of patterning where animals are darkest on their uppermost surface, is thought to counteract this luminance gradient and enhance concealment, but the mechanisms of protection remain unclear. Surprisingly, no study has examined how countershading alters prey contrast, or investigated how the presence of a dorsoventral luminance gradient affects detection under controlled viewing conditions. It has also been suggested that the direction of the dorsoventral luminance gradient (darkest or lightest on top) may interfere with predators' abilities to resolve prey's three-dimensional shape, yet this intriguing idea has never been tested. We used live fish predators (western rainbowfish, Melanotaenia australis ) and computer-generated prey images to compare the detectability of uniformly pigmented (i.e. non-countershaded) prey with that of optimally countershaded prey of varying contrasts against the background. Optimally countershaded prey were difficult for predators to detect, and the probability and speed of detection depended on prey luminance contrast with the background. In comparison, non-countershaded prey were always highly detectable, even though their average luminance closely matched the luminance of the background. Our findings suggest that uniformly pigmented three-dimensional prey are highly conspicuous to predators because overhead lighting increases luminance contrast between different body parts or between the body and the background. We found no evidence for the notion that countershading interferes with predator perception of three-dimensional form.


to-ra ◽  
2016 ◽  
Vol 2 (2) ◽  
pp. 385
Author(s):  
Radisman Saragih

Sexual abuse is a heinous act and barbarous, especially when sexual harassment occurs in a child under age whose minds are still innocent and do not know about as a result of the disaster that happened. Factors sexual abuse of children under age due to young children innocent and powerless, particularly when dealing with adults, especially parents, brother, uncle, grandfather, teacher or neighbor; the low morality and mentality of the perpetrators; experience of small actors who have been victims of sexual abuse during childhood so as to seek satisfaction performed on small children. That in order to prevent the crime of sexual abuse of children under the public is parents running the communication and emotional attachment to the child; parents give understanding to the children about their bodies and things that should not be done or dirabah by others of the body parts; the existence of coordination among law enforcement agencies on criminal acts of sexual abuse against minors and if convicted the perpetrators given severe sanctions, and if necessary an additional form of punishment gelding to sour people who commit criminal acts of sexual abuse and at the same be a threat to people who intend to do the same criminal offense


2020 ◽  
Vol 9 (4) ◽  
pp. 245
Author(s):  
Muttiah Razki Judenta ◽  
Susmiarti Susmiarti

This study aims to describe and analyze the structure of the dance movement of Lurah Kincia dance in Situjuah Batua village, Situjuah Limo Nagari district, 50 Kota regency. This study belongs to a qualitative research using analytical descriptive method. The data used in this study were primary and secondary data. The main instrument used was the researcher itself and was assisted by supporting instruments such as writing instruments, cameras, and flash drives. The data were collected through literature study, observation, interview, and documentation. The data analysis was conducted by collecting the data, describing the data, analyzing the data, and making conclusions. The results showthat the movement structure of Lurah Kincia dance has basic elements related to the attitude and movement of the body parts starting from the head, body, hands, and feet. From the relationship system between those elements, it produces motive forms in the form of turn taking, and are related to each other like a chain.The hierarchical grammatical relationship system contained in Lurah Kincia Dance consists of 37 motifs, 6 phrases, 4 sentences, and 1 cluster. Lurah Kincia dance belongs to a syntagmatic relationship system. It is a system whose relationship is like a chain and cannot be separated or exchanged between one another.Keywords: Motion Structure, Lurah Kincia Dance, Lurah Kincia Dance Workshops


2019 ◽  
Vol 9 (3) ◽  
pp. 400 ◽  
Author(s):  
Zaiqiang Wu ◽  
Wei Jiang ◽  
Hao Luo ◽  
Lin Cheng

Statistical body shape models are widely used in 3D pose estimation due to their low-dimensional parameters representation. However, it is difficult to avoid self-intersection between body parts accurately. Motivated by this fact, we proposed a novel self-intersection penalty term for statistical body shape models applied in 3D pose estimation. To avoid the trouble of computing self-intersection for complex surfaces like the body meshes, the gradient of our proposed self-intersection penalty term is manually derived from the perspective of geometry. First, the self-intersection penalty term is defined as the volume of the self-intersection region. To calculate the partial derivatives with respect to the coordinates of the vertices, we employed detection rays to divide vertices of statistical body shape models into different groups depending on whether the vertex is in the region of self-intersection. Second, the partial derivatives could be easily derived by the normal vectors of neighboring triangles of the vertices. Finally, this penalty term could be applied in gradient-based optimization algorithms to remove the self-intersection of triangular meshes without using any approximation. Qualitative and quantitative evaluations were conducted to demonstrate the effectiveness and generality of our proposed method compared with previous approaches. The experimental results show that our proposed penalty term can avoid self-intersection to exclude unreasonable predictions and improves the accuracy of 3D pose estimation indirectly. Further more, the proposed method could be employed universally in triangular mesh based 3D reconstruction.


Author(s):  
Narwanto Narwanto ◽  

This thesis addressed the issue of election criminal law enforcement in the era of simultaneous general election in 2019. Based on data released by The General Election Supervisory Agency (Bawaslu) there were 2,724 reports and findings of alleged violations of election crimes, which continued with the investigation of 582 cases, closed at the investigation stage there were 132 cases, then closed at prosecuting 41 cases, and ajudicated by the court in 319 cases. Meanwhile, based on the Indonesian Legal Roundtable (ILR) data from the whole cases in electoral crime, 170 cases or 53% were sentenced to conditional or probation. The method of this research is used normative legal research methods (normative juridical). Data research compiled based on suited laws and regulations through statutory approach, case approach, historical approach, comparative approach, and conceptual approach. Furthermore, normatively the data is analyzed based on applicable regulations as positive legal norms by interpreting and constructing statements contained in documents and applicable laws. The results of this study are to reveal and analyze the law enforcement applied in handling election crimes that occurred in simultaneous general elections in 2019. Analyzing the formulation of criminal law in tackling more effective general election crimes for the future through the formulation definite regulations, fair, not multi-interpreted and attend to all parties in equal rights of each individual before the law in order to establish a general election which honest and fair as well as legitimate


Author(s):  
Oleg G. Soloviev ◽  
Yulia O. Goncharova

The article examines the means and techniques of legislative technique as the main primary components of the construction of legal norms, the authors explore the controversial aspects of determining the range of key technical and legal instruments. The authors note the negative aspects in the process of using the tools and techniques of legislative technique in the regulation of criminal law prohibitions. The main technical and legal problems in modern criminal law-making are the unjustified casuistification of dispositions of normative prescriptions, the bulkiness of criminal law prohibitions. In some cases, the volume (capacity) of individual dispositions exceeds 150 words. Such normative decisions significantly complicate the perception of elements of a crime, complicate the assessment and comparison of the committed act with a specific criminal norm. These circumstances negatively affect the qualification process and do not meet the needs of law enforcement practice. Certain gaps are observed in the construction of blank dispositions, in a situation where the legislator uses significant prescriptions borrowed from normative acts of other branches of law in the description of encroachments. The paper also notes, that the rules of legislative technique do not relate to basic structural elements, since they are auxiliary (secondary) components of the legislative process and are already associated with the use of tools and techniques in the course of practical normative design, formation of specific legal prescriptions.


2021 ◽  
Vol 75 (2) ◽  
pp. 67-73
Author(s):  
Mykola Komissarov ◽  
◽  
Natalia Komissarova ◽  

In this article questions about the expediency of using semantically accurate and clear terms in norm-setting that as correctly as possible denote acts, things, or persons because of the illegal actions or corpus delicti which are described in the relevant article of the Ukrainian Criminal Code are considered. On the example of several articles of current Ukrainian Criminal Code approaches of improving regulatory acts by using successful legal and common terms are being proposed. Criteria that could be a foundation when creating and improving legislation in general and criminal in particular being considered. Being proposed particular, more accurate, terms for replacement of the current, but not appropriate terms. Emphasis is placed on that each legal act should be write down very clear for ordinary people to increase the efficiency of positive criminal liability institution. Being determined main types of misuse of terms, which includes the use of terms without considering their content load by lawmakers; lawmakers' use of terms taking into account pre-determined actions that are not reflected in the body of the law but are marked by an unfortunate term, or use specific terms where their use is inappropriate. Taking everything above into account and considering the prevalence of legal terminology outside the professional community, questions related to the accuracy, intelligibility, simplicity, clarity of legal language are emphasized, in particular terminology of criminal law. Works of the most popular scientists whether in the field of legal terms or in the field of criminal law are analyzed. It is argued that the clarity of the legal norm, criminal law, in particular, will avoid arbitrariness and abuse by law enforcement agencies and more effectively implement the concept of positive criminal liability in society.


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