LIMITATION OF THE RIGHT TO FREEDOM OF SPEECH ON THE INDONESIAN CONSTITUTIONAL COURT CONSIDERATION

Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to analyze the Constitutional Court decision towards the polarity of the right to freedom of speech and the public order. This study uses normative research with the statutory, analytical and comparative approach. Therefore, the results show the importance of limitation in implementing the freedom of speech to protect the constitutional right of society as stated in the 1945 Constitution. Despite the already decided judicial review by the Court, there is still an urgency to revise The ITE law in order to clarify certain rules related to hate speech in social media.

POSSIBILITY TO CORRECT THE FREEDOM OF SPEECH IN INDONESIAN LAW: COMPARISON BETWEEN SINGAPORE LAW AND INDONESIAN LAW ON BROADCASTING

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. This principle is one of the Human Rights principles that are necessary for the progress of humanity itself. But its existence has always triggered a dispute because of the abuse of the right. The abuse of the rights consists of Hate Speech and Hoaxes. This research is normative legal research that uses a comparative approach and conceptual approach. And also, this research will compare the Freedom of Speech and Broadcasting laws in Indonesia and Singapore, especially law in the broadcasting sector. Theoretically, the benefits of this research are to answer the problem of correcting Freedom of Speech, especially in broadcasting law. Practically, it is helpful for society to know much more about hate speech and hoaxes also the possibility to correct the broadcasting law in Indonesia based on the same regulation in Singapore.

OFFENCES PRINCIPLES AND A LIMITATION FOR DISINFORMATION VIA THE INTERNET IN INDONESIA

Actors utilize the internet to spread disinformation. The content might be irritated the public but does not cause direct distribution to public order. Article 14 and Article 15 of Law No. 1 of 1946 on Criminal Law Regulation prohibit the publication of disinformation that causes the distribution to public order. However, the implementation of the legislation shows that the panel of judges punish the actor who publishes disinformation without considering the impact of that disinformation on society. Therefore, the purpose of this research is to criticize the limitation of disinformation distribution through the internet under offenses principles. The principles are used to analyze the relevancy and limitation of criminalization in article 14 and article 15. By using document research with the statute, case, and conceptual approaches, it is concluded that the intervention of criminal law may be justified to protect public order, but the intervention shall be limited which strict requirements.

THE INTERNATIONAL CRIMINAL COURT AS A VERITABLE TOOL FOR THE PROTECTION OF THE RIGHTS OF ETHNIC MINORITIES: EXAMINING THE ICC’S DECISIONS REGARDING THE PEOPLE OF ROHINGYA

Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges’ posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute’s intention, especially when ethnic minority groups are involved.

THE REASON TO AMANDMENT OF ARTICLE 27 PARAGRAPH (1), ARTICLE 28 PARAGRAPH (1) AND (2) OF THE ITE LAW THAT ARE CONSIDERED TO HAVE MULTIPLE INTERPRETATION OF THE ITE LAW IN THE TIME OF THE COVID-19 PANDEMIC FOR LEGAL CERTAINTY

Indonesian Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 19 of 2016 (ITE Law) provides benefits for the community and the business world on justice, legal certainty, and legal protection for activities in cyberspace using electronic media. However, there is an assumption that several articles in the ITE Law have multiple interpretations so that it is potentially to criminalize someone and make law enforcers have different perceptions. The formulation of the problem that the author raises are, first, what is the urgency of changing articles that are considered to have multiple interpretations in the ITE Law during the Covid-19 pandemic? Second, what is the ideal legal product to deal with articles that are considered to have multiple interpretations? The method used is a normative juridical method, the authors use secondary data and analyzed qualitatively. The results of the first research shows that the interpretation of the ITE Law alone is not sufficient and must be revised to support the amendment of the ITE Law. The second research result is that an appropriate legal product is a legally binding legal product for law enforcement officials in conducting investigations, prosecutions, and judicial process, namely Supreme Court Regulations and Attorney General Circulars.

THE IMPACT OF PANDEMIC ON LEGAL SYSTEM: IMPACT ON ARBITRATION LAW

One of the impacts of the outbreak of COVID-19 is the state legal system. Legal system in a broad sense consists of legislation, the state’s legal personnel (executive) and the judicial system. A part of the judicial system is a private settlement of dispute by arbitration. Arbitration is subject to the arbitration law. The COVID-19 has forced the closure of the arbitration proceedings. This is a problem for arbitration. This article tried to analyse the possible solution to the closure of the proceedings. This article used the normative method by analysing the existing arbitration law and arbitration rules. This article argued, although arbitration may not be able to be commenced amid pandemic, that future arbitration law (and amendment of existing arbitration law) should foresee feasible events with a smaller ”pandemic”, i.e., epidemic and other force-majeure related events. This article recommended firstly, the introduction of provision(s), which recognizes virtual arbitration. Secondly, changes of some procedural issues in the arbitration proceedi ngs.

THE CHANGING LEGAL INFRASTRUCTURE POST COVID-19 AND HOW TO RESPOND IT

”The COVID-19 pandemic creates political, economic, social, and cultural shifts that change the global landscape. Legal infrastructure should be prepared and well-adapted to respond to it, to further anticipate these massive shifts. The changing in international community behavior requires some adjustment and fine-tuning in the legal department. In this regard, the need of the hour is to ensure that legal infrastructure is well-adapted to the changing global landscape, and in turn, will support global efforts to stop the pandemic and prevent economic collapse. How well countries navigate through these challenges or capture opportunities and strengthen international cooperation will eventually determine success in defeating this common enemy. Thus, the global community must stand under one same norm: cooperation. This research is considered as a legal research focusing on examining existing rules and regulations, as well as a legal futuristic research in nature in trying to find which legal instrument should be developed in the future.”

THE CHANGES IN CRIMINAL TRIAL PROCEEDINGS DURING COVID-19: CHALLENGES AND PROBLEMS

COVID-19 pandemic forced the Supreme Court of the Republic of Indonesia to make several adjustments to the courts system of all in Indonesia, one of which was the adjustment of criminal procedural law in criminal trial proceedings. Some regulations were made related to the criminal trial proceedings in Indonesia to adjust to government policies that limit physical interaction between people. However, those regulations made by the Supreme Court also comes with challenges and problems in its implementation. This research was made using the normative legal research method, in purpose to find the changes made in the criminal trial proceedings in Indonesia due to the COVID-19 pandemic and also the challenges and problems encountered in its implementation. Through this research, several things that should be addressed for the change in the criminal trial proceedings amid the COVID-19 pandemic in Indonesia will not only accommodate the principle of expediency, but also the principles of justice and legal certainty .

THE IMPACT OF COVID-19 ON INTELLECTUAL PROPERTY LEGAL SYSTEM RELATED TO PUBLIC HEALTH IN CONNECTION WITH TRIPS FLEXIBILITIES IN INDONESIA

In early 2020, countries in the world was shocked by a new virus called Coronavirus Disease 2019 (COVID-19) including Indonesia. The COVID-19 pandemic gives impact to the legal system, including intellectual property (IP). Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities on public health in developing countries: Transition Periods, Compulsory License, Government Use, Parallel Imports, Exceptions to Patent Rights, Exemptions from Patentability, Limits on Data Protection, and Implementation of the Paragraph 6 of the Doha Declaration. Research problems: (1) what are the conditions for implementing the flexibilities of TRIPS in facing COVID-19 pandemic in Indonesia and (2) what are the issues that should be anticipated for future IP legal system relating to public health as a lesson from this COVID-19 Pandemic. Government Use is most effective to be used for encounter COVID-19 Pandemic, and voluntary license is recommended tobe promoted for future approach. The study is using a qualitative literature study.

NATIONAL LAW DEVELOPMENT IN NEW NORMAL ERA

According to legal perspective, the Government’s plan to implement New Normal desires to restore economic life and public health as a manifestation of the fulfillment of citizens’ rights. From the description above, this paper will discuss several things, namely how the readiness of national Law to welcome the new normal era; how the constitutional legal system in the new era is normal; how is the urgency of structuring national regulations in the new normal era; and, how the influence of the new normal era for legal politics and public legal awareness. By using the normative juridical method, it can be concluded that the status of COVID-19 pandemic in Law is marked by the issuance of various legislative products to provide legal certainty of the Government’s policy to overcome COVID-19 and implement New Normal policy. The practice of state administration is increasingly being carried out in the executive, legislative, and judiciary environments by utilizing digital networks through application facilities that provide virtual me eting services.