Pub Date : 2023-09-10DOI: 10.15294/imrev.v2i2.69472
Ajib Mudakirin Absor
Human Rights are inherent rights possessed by dignified human beings, bestowed upon them by God Almighty. These rights ensure the fundamental entitlements that humans naturally possess and cannot be separated from them. In life, individuals possess personal data that is inherent to their identities and should be safeguarded as their privacy. The Constitution of the Republic of Indonesia in 1945 established this principle, assigning the responsibility to the state to protect and enforce laws against violations and misuse of personal data. The ever-growing information and communication technology, driving the country towards digital transformation in various sectors, presents a complex challenge that necessitates comprehensive regulations and strict enforcement of laws concerning personal data protection. This study aims to examine the formulation of new regulations and their alignment with internationally applied rules and guidelines. The research methodology employed is juridical normative with a conceptual approach, aiming to elucidate the essence of personal data protection in Indonesia as a realization of human rights protection. It highlights the necessity of a dedicated authority or agency responsible for safeguarding and enforcing personal data protection in light of its numerous implications. The significance of Personal Data Protection arises from the advancement of increasingly sophisticated digitalization processes, necessitating specialized regulations to uphold citizens' human rights in the digital transformation era.
{"title":"Juridical Analysis of Human Rights Protection in the Era of Digital Transformation: Perspective of Laws and Regulations","authors":"Ajib Mudakirin Absor","doi":"10.15294/imrev.v2i2.69472","DOIUrl":"https://doi.org/10.15294/imrev.v2i2.69472","url":null,"abstract":"
 
 Human Rights are inherent rights possessed by dignified human beings, bestowed upon them by God Almighty. These rights ensure the fundamental entitlements that humans naturally possess and cannot be separated from them. In life, individuals possess personal data that is inherent to their identities and should be safeguarded as their privacy. The Constitution of the Republic of Indonesia in 1945 established this principle, assigning the responsibility to the state to protect and enforce laws against violations and misuse of personal data. The ever-growing information and communication technology, driving the country towards digital transformation in various sectors, presents a complex challenge that necessitates comprehensive regulations and strict enforcement of laws concerning personal data protection. This study aims to examine the formulation of new regulations and their alignment with internationally applied rules and guidelines. The research methodology employed is juridical normative with a conceptual approach, aiming to elucidate the essence of personal data protection in Indonesia as a realization of human rights protection. It highlights the necessity of a dedicated authority or agency responsible for safeguarding and enforcing personal data protection in light of its numerous implications. The significance of Personal Data Protection arises from the advancement of increasingly sophisticated digitalization processes, necessitating specialized regulations to uphold citizens' human rights in the digital transformation era.
","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136073152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.15294/imrev.v2i2.68229
Ginar Listya Faradina
The right to information is a guaranteed right in laws and regulations for every citizen. The promulgation of the Public Information Disclosure Act is a new era to ensure the fulfillment of the right to information. Within the framework of carrying out public information disclosure, of course we are faced with various public information disputes, namely disputes that arise between users of public information and public bodies. Along with the increasing demands and needs of the public in the constitutional legal system, various judicial institutions have been specifically formed and specifically mandated by the state legislation through to examine and decide disputes other than those that are the domain of the existing judiciary or are referred to as quasi-judicial or quasi-judicial institutions, one of which is the Information Commission. This writing examines the authority of the Information Commission as a quasi-judicial institution in resolving public information disputes through a non-litigation process. Which emphasized that one of the mandates of the UU KIP is the establishment of an Information Commission which has the authority to resolve public information disputes in a non-litigation manner, namely in the form of mediation and non-litigation adjudication. The information commission has special powers that are absolute, absolute, and cannot be transferred or given to other institutional bodies. The two main tasks of the position of the information commission are finalizing and establishing general policies related to public information services for public bodies.
{"title":"Authority of the Information Commission as a Quasi Judicial Institution in Resolving Public Information Disputes","authors":"Ginar Listya Faradina","doi":"10.15294/imrev.v2i2.68229","DOIUrl":"https://doi.org/10.15294/imrev.v2i2.68229","url":null,"abstract":"The right to information is a guaranteed right in laws and regulations for every citizen. The promulgation of the Public Information Disclosure Act is a new era to ensure the fulfillment of the right to information. Within the framework of carrying out public information disclosure, of course we are faced with various public information disputes, namely disputes that arise between users of public information and public bodies. Along with the increasing demands and needs of the public in the constitutional legal system, various judicial institutions have been specifically formed and specifically mandated by the state legislation through to examine and decide disputes other than those that are the domain of the existing judiciary or are referred to as quasi-judicial or quasi-judicial institutions, one of which is the Information Commission. This writing examines the authority of the Information Commission as a quasi-judicial institution in resolving public information disputes through a non-litigation process. Which emphasized that one of the mandates of the UU KIP is the establishment of an Information Commission which has the authority to resolve public information disputes in a non-litigation manner, namely in the form of mediation and non-litigation adjudication. The information commission has special powers that are absolute, absolute, and cannot be transferred or given to other institutional bodies. The two main tasks of the position of the information commission are finalizing and establishing general policies related to public information services for public bodies.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.15294/imrev.v2i2.69254
Feiruz Rachmita Alamsyah, Bara Setiadi Putra
The legal profession plays a crucial role in upholding justice and maintaining public order. It is the responsibility of legal professionals, including the police, to carry out their duties with integrity and high ethical standards. The code of ethics for the legal profession sets out the expected standards of behavior for its members. However, in practice, police officers often violate these ethical guidelines. In this paper, the author employs the normative legal research method, which examines legal rules from a vertical or horizontal perspective. The normative legal research method utilized in this paper adopts a normative juridical approach, focusing on the relevant laws and regulations. To address violations of the code of ethics by the police, the Professional and Security Division of the Indonesian National Police (referred to as Propam Polri) has established social media platforms for citizens to report complaints. As discussed earlier, citizens are required to submit a documented report when filing complaints. Effective complaint handling mechanisms are vital in addressing violations of the legal profession's code of ethics on social media. It is important to have clear internal policies, secure channels for lodging complaints, independent investigations, appropriate sanctions, and procedures for improvement and ongoing monitoring. By implementing such mechanisms, legal practitioners can uphold the integrity and ethical standards of their profession in their use of social media. Furthermore, appropriate consequences can be applied for any violations of the code of ethics that occur.
{"title":"Social Media as an Effective Solution to Dealing with Violations of the Professional Code of Ethics: An Overview of Violations of the Police Code of Ethics","authors":"Feiruz Rachmita Alamsyah, Bara Setiadi Putra","doi":"10.15294/imrev.v2i2.69254","DOIUrl":"https://doi.org/10.15294/imrev.v2i2.69254","url":null,"abstract":"The legal profession plays a crucial role in upholding justice and maintaining public order. It is the responsibility of legal professionals, including the police, to carry out their duties with integrity and high ethical standards. The code of ethics for the legal profession sets out the expected standards of behavior for its members. However, in practice, police officers often violate these ethical guidelines. In this paper, the author employs the normative legal research method, which examines legal rules from a vertical or horizontal perspective. The normative legal research method utilized in this paper adopts a normative juridical approach, focusing on the relevant laws and regulations. To address violations of the code of ethics by the police, the Professional and Security Division of the Indonesian National Police (referred to as Propam Polri) has established social media platforms for citizens to report complaints. As discussed earlier, citizens are required to submit a documented report when filing complaints. Effective complaint handling mechanisms are vital in addressing violations of the legal profession's code of ethics on social media. It is important to have clear internal policies, secure channels for lodging complaints, independent investigations, appropriate sanctions, and procedures for improvement and ongoing monitoring. By implementing such mechanisms, legal practitioners can uphold the integrity and ethical standards of their profession in their use of social media. Furthermore, appropriate consequences can be applied for any violations of the code of ethics that occur.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313308","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.15294/imrev.v2i2.69469
Fathul Hamdani, Ana Fauzia, Rezka Mardhiyana, Lalu Aria Nata Kusuma
According to Roscoe Pound, law is viewed as a tool for social engineering. However, the situation in Indonesia reveals that the law has not effectively fulfilled its role as a tool for social engineering and development, as envisioned by Mochtar Kusumaatmadja. This is evident in various law enforcement cases in Indonesia, where the process tends to be sluggish and only gains attention after it becomes viral in the mass media. This study aims to explore the underlying factors behind the influence of mass media on law enforcement in Indonesia and investigate whether both the media and the law can function as tools for social engineering simultaneously. The article adopts a normative legal research methodology, utilizing statutory, conceptual, and case-based approaches. The research findings demonstrate that while the mass media has a positive impact, there are still areas for improvement within the Indonesian legal system, particularly concerning the suboptimal performance of law enforcement officials and state authorities. Despite the potential for mutual support between the media and the law, the current scenario highlights the need for the media to serve as an information disseminator, supervisor, social control, and shaper of public opinion, while the coercive nature of the law can exert pressure on law enforcers and government officials to fulfill their duties and responsibilities.
{"title":"Media Vs. Law: Which Acts as a Tool of Social Engineering?","authors":"Fathul Hamdani, Ana Fauzia, Rezka Mardhiyana, Lalu Aria Nata Kusuma","doi":"10.15294/imrev.v2i2.69469","DOIUrl":"https://doi.org/10.15294/imrev.v2i2.69469","url":null,"abstract":"According to Roscoe Pound, law is viewed as a tool for social engineering. However, the situation in Indonesia reveals that the law has not effectively fulfilled its role as a tool for social engineering and development, as envisioned by Mochtar Kusumaatmadja. This is evident in various law enforcement cases in Indonesia, where the process tends to be sluggish and only gains attention after it becomes viral in the mass media. This study aims to explore the underlying factors behind the influence of mass media on law enforcement in Indonesia and investigate whether both the media and the law can function as tools for social engineering simultaneously. The article adopts a normative legal research methodology, utilizing statutory, conceptual, and case-based approaches. The research findings demonstrate that while the mass media has a positive impact, there are still areas for improvement within the Indonesian legal system, particularly concerning the suboptimal performance of law enforcement officials and state authorities. Despite the potential for mutual support between the media and the law, the current scenario highlights the need for the media to serve as an information disseminator, supervisor, social control, and shaper of public opinion, while the coercive nature of the law can exert pressure on law enforcers and government officials to fulfill their duties and responsibilities.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-31DOI: 10.15294/imrev.v2i2.68068
Probo Pribadi SM
The rise of digitalization has transformed the media landscape, providing individuals with convenient, rapid, practical, and cost-effective access to diverse information and news. However, concerns have been raised about the tendency of digital media to prioritize sensationalism over factual reporting, driven by the pursuit of high ratings and clicks, often neglecting core journalistic principles. This scientific article aims to explore the concept of digital media, trace its evolution, and evaluate its role in promoting democracy. The research methodology primarily relies on an extensive literature review, incorporating a range of sources such as books, journals, articles, and relevant websites to gather comprehensive insights. The findings underscore the significant impact of digital media in shaping and reinforcing democratic systems. In the digital age, digital media empowers the public by facilitating active participation in political discussions and decision-making processes, thereby enhancing transparency and accountability within political systems.
{"title":"The Role of Media Digital in Building Democracy in Indonesia","authors":"Probo Pribadi SM","doi":"10.15294/imrev.v2i2.68068","DOIUrl":"https://doi.org/10.15294/imrev.v2i2.68068","url":null,"abstract":"The rise of digitalization has transformed the media landscape, providing individuals with convenient, rapid, practical, and cost-effective access to diverse information and news. However, concerns have been raised about the tendency of digital media to prioritize sensationalism over factual reporting, driven by the pursuit of high ratings and clicks, often neglecting core journalistic principles. This scientific article aims to explore the concept of digital media, trace its evolution, and evaluate its role in promoting democracy. The research methodology primarily relies on an extensive literature review, incorporating a range of sources such as books, journals, articles, and relevant websites to gather comprehensive insights. The findings underscore the significant impact of digital media in shaping and reinforcing democratic systems. In the digital age, digital media empowers the public by facilitating active participation in political discussions and decision-making processes, thereby enhancing transparency and accountability within political systems.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135313592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.15294/imrev.v2i1.65724
Atha Difa Saputri
Football is a sport that is liked by many people. The game of football has fans with the name of each fan written on it. The method of writing in this research is descriptive qualitative research that aims to describe, and summarize various conditions, various situations, or various phenomena of social reality that exist in the community that is the object of research, and seeks to draw these realities to the surface as characteristics, character, nature, a model, sign, or description of a particular condition, situation, or phenomenon.The presence of supporters makes football matches more memorable and dynamic. Fan support for their favorite team often leads to over-the-top attitude. Fanaticism causes friction between different supporters. This friction led to the birth of violence among supporters. Even killed hundreds of people and injured hundreds of people. In this article, we will discuss the chronology of the Kanjuruhan incident, the parties responsible for this incident, and some of the solutions offered. As a result of this article, the Kanjuruhan incident killed 131 people and injured hundreds of others. There must be someone responsible for this heartbreaking incident and so far only six suspects have been named. Therefore, a solution is needed to prevent this incident from happening again. The solutions offered are increased literacy that must be carried out by several parties, the addition of a security team, the parties must comply with all the rules on the playing field. For victims who suffered serious injuries, all treatment has been borne by the government, and for victims who died, several parties provided compensation by the victim's family as a form of condolence.
{"title":"Kanjuruhan Football Match Chaos: Media and Law Enforcement in Indonesia","authors":"Atha Difa Saputri","doi":"10.15294/imrev.v2i1.65724","DOIUrl":"https://doi.org/10.15294/imrev.v2i1.65724","url":null,"abstract":"Football is a sport that is liked by many people. The game of football has fans with the name of each fan written on it. The method of writing in this research is descriptive qualitative research that aims to describe, and summarize various conditions, various situations, or various phenomena of social reality that exist in the community that is the object of research, and seeks to draw these realities to the surface as characteristics, character, nature, a model, sign, or description of a particular condition, situation, or phenomenon.The presence of supporters makes football matches more memorable and dynamic. Fan support for their favorite team often leads to over-the-top attitude. Fanaticism causes friction between different supporters. This friction led to the birth of violence among supporters. Even killed hundreds of people and injured hundreds of people. In this article, we will discuss the chronology of the Kanjuruhan incident, the parties responsible for this incident, and some of the solutions offered. As a result of this article, the Kanjuruhan incident killed 131 people and injured hundreds of others. There must be someone responsible for this heartbreaking incident and so far only six suspects have been named. Therefore, a solution is needed to prevent this incident from happening again. The solutions offered are increased literacy that must be carried out by several parties, the addition of a security team, the parties must comply with all the rules on the playing field. For victims who suffered serious injuries, all treatment has been borne by the government, and for victims who died, several parties provided compensation by the victim's family as a form of condolence.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.15294/imrev.v2i1.65350
Muhammad Fahmi Ramadani, Amarru Muftie Holish
Legal aid is the provision of legal aid services to those who can afford achievements or to give voluntarily to the poor. The provision of Legal Aid is an advocate profession. The provision of legal assistance provides a sense of peace of mind to the recipients of legal assistance. The purpose of this paper is to determine the function and authority of the Indonesian Legal Aid Foundation as a provider of Legal Aid and the problems faced by the Indonesian Legal Aid Foundation in accompanying victims of omnibus law demonstrations. This study aims to analyze the role of YLBHI-LBH Semarang in providing protection for victims. In addition, this study also analyzes the rights of citizens in expressing and expressing opinions in the context of freedom of opinion and the press in Indonesia. This study found that in terms of victim protection, especially demonstrations by legal aid agencies, there were many obstacles, especially repression from law enforcement officials. In addition, journalists and the press, including the legal aid press, are also often under pressure, ranging from threats, persecution, to damaging the press media on the ground. In fact, freedom of the press and victim protection are guaranteed in Indonesian law.
{"title":"The Role of YLBHI-LBH Semarang in Providing Legal Aid to Victims of the Omnibus Law Demonstration: A Discourse of Freedom of Expression and Press in Indonesia","authors":"Muhammad Fahmi Ramadani, Amarru Muftie Holish","doi":"10.15294/imrev.v2i1.65350","DOIUrl":"https://doi.org/10.15294/imrev.v2i1.65350","url":null,"abstract":"Legal aid is the provision of legal aid services to those who can afford achievements or to give voluntarily to the poor. The provision of Legal Aid is an advocate profession. The provision of legal assistance provides a sense of peace of mind to the recipients of legal assistance. The purpose of this paper is to determine the function and authority of the Indonesian Legal Aid Foundation as a provider of Legal Aid and the problems faced by the Indonesian Legal Aid Foundation in accompanying victims of omnibus law demonstrations. This study aims to analyze the role of YLBHI-LBH Semarang in providing protection for victims. In addition, this study also analyzes the rights of citizens in expressing and expressing opinions in the context of freedom of opinion and the press in Indonesia. This study found that in terms of victim protection, especially demonstrations by legal aid agencies, there were many obstacles, especially repression from law enforcement officials. In addition, journalists and the press, including the legal aid press, are also often under pressure, ranging from threats, persecution, to damaging the press media on the ground. In fact, freedom of the press and victim protection are guaranteed in Indonesian law.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.15294/imrev.v2i1.65860
Tiram Sheenaranti Suci, Muhammad Firman Al Ghani
Indonesia is a state of law where the law is present aims to create a safe, orderly, and and prosperous atmosphere in the life of society and the state. However, on the other hand, there is still a widespread occurrence of moral crimes that cause a lot of suffering for their victims. One of the crime cases that received a lot of attention is the rape case that occurred in the Tahfidz Madani Bandung Boarding School, in the case the perpetrator committed the crime of rape against 12 santriwati until some of the victims experienced pregnancy. This study uses juridical-normative method with an approach to the case (case approach), this study aims to determine the rights of victims of rape in criminal law and analyze the form of legal protection for victims of rape that occurred in the Islamic boarding school Tahfidz Madani Bandung. This study will discuss related cases that occur through the perspective of victimology. The results of the discussion obtained by this study are: (1). through the perspective of victimology used, this study results that the existence of certain factors that encourage the occurrence of crime against the victim, but it is also found the existence of psychic suffering experienced by the victim as a result of the crime he experienced; (2). The decision that has been handed down by the Bandung high court against this case is to improve the decision of the Bandung state court and provide some protection to the victim for the actions of the perpetrator. The conclusion of this study is women as victims of rape, especially if the victim of rape is a minor will experience a variety of severe suffering. Bandung High Court Decision Number 86 / Pid.Sus / 2022 / PT.BDG in addition to imposing the death penalty against the perpetrator also imposes restitution to the perpetrator confiscating all assets belonging to the defendant
{"title":"Rape Cases in Islamic Boarding Schools: How are Victims Protected and Law Enforced?","authors":"Tiram Sheenaranti Suci, Muhammad Firman Al Ghani","doi":"10.15294/imrev.v2i1.65860","DOIUrl":"https://doi.org/10.15294/imrev.v2i1.65860","url":null,"abstract":"Indonesia is a state of law where the law is present aims to create a safe, orderly, and and prosperous atmosphere in the life of society and the state. However, on the other hand, there is still a widespread occurrence of moral crimes that cause a lot of suffering for their victims. One of the crime cases that received a lot of attention is the rape case that occurred in the Tahfidz Madani Bandung Boarding School, in the case the perpetrator committed the crime of rape against 12 santriwati until some of the victims experienced pregnancy. This study uses juridical-normative method with an approach to the case (case approach), this study aims to determine the rights of victims of rape in criminal law and analyze the form of legal protection for victims of rape that occurred in the Islamic boarding school Tahfidz Madani Bandung. This study will discuss related cases that occur through the perspective of victimology. The results of the discussion obtained by this study are: (1). through the perspective of victimology used, this study results that the existence of certain factors that encourage the occurrence of crime against the victim, but it is also found the existence of psychic suffering experienced by the victim as a result of the crime he experienced; (2). The decision that has been handed down by the Bandung high court against this case is to improve the decision of the Bandung state court and provide some protection to the victim for the actions of the perpetrator. The conclusion of this study is women as victims of rape, especially if the victim of rape is a minor will experience a variety of severe suffering. Bandung High Court Decision Number 86 / Pid.Sus / 2022 / PT.BDG in addition to imposing the death penalty against the perpetrator also imposes restitution to the perpetrator confiscating all assets belonging to the defendant","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"195 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.15294/imrev.v2i1.66562
Bearlly Deo Syahputra
This article was written so that investors could examine the obligations of the central government, territorial legislatures, financial backers, and the general public as a result of mining exercises during natural disasters. To recognize ecological justice, aggregate awareness must be demonstrated and acknowledged. Additionally, a lack of ecological issues can lead to multi-aspect emergencies like an increase in financial disparities and a decline in environmental quality. Ecological security is mandated by the 1945 Republic of Indonesia Constitution in Article 33 Paragraph 4, which takes into account carrying capacity standards and natural knowledge that is proportional to the people's economy. The methodology of this paper is qualitative. It deals with the legal problems that are happening right now. Green businesses have not yet been fully recognized by specific regulations. As a result, achieving a sense of fairness and legal certainty as a legitimate and desirable development will encourage the region to switch to control, long-term investments as a means of addressing the environmental crisis. It is everyone's responsibility to lessen the negative effects of mining investments in Indonesia, particularly on the environment.
{"title":"Integrated Responsibility Due to Mining Activities to Environmental Crisis: Capturing Pers Opinion in Environmental Issues","authors":"Bearlly Deo Syahputra","doi":"10.15294/imrev.v2i1.66562","DOIUrl":"https://doi.org/10.15294/imrev.v2i1.66562","url":null,"abstract":"This article was written so that investors could examine the obligations of the central government, territorial legislatures, financial backers, and the general public as a result of mining exercises during natural disasters. To recognize ecological justice, aggregate awareness must be demonstrated and acknowledged. Additionally, a lack of ecological issues can lead to multi-aspect emergencies like an increase in financial disparities and a decline in environmental quality. Ecological security is mandated by the 1945 Republic of Indonesia Constitution in Article 33 Paragraph 4, which takes into account carrying capacity standards and natural knowledge that is proportional to the people's economy. The methodology of this paper is qualitative. It deals with the legal problems that are happening right now. Green businesses have not yet been fully recognized by specific regulations. As a result, achieving a sense of fairness and legal certainty as a legitimate and desirable development will encourage the region to switch to control, long-term investments as a means of addressing the environmental crisis. It is everyone's responsibility to lessen the negative effects of mining investments in Indonesia, particularly on the environment.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439811","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-31DOI: 10.15294/imrev.v2i1.67053
Wandi Arifin
Law enforcement by the police often raises public attention, one of which is the various cases of wrongful arrest by the police. In fact, many related studies have shown that cases of wrongful arrests have the potential to violate various human rights. This study aims to analyze the legal protection for victims of wrongful arrests in the Badia Raja Situmorang case. This study uses a normative juridical approach, with the support of victimization criminology studies. This study finds and confirms that in relation to cases of wrongful arrest, various legal rules can be used, starting from the Human Rights Law, the Child Protection Law, the Criminal Procedure Law, to the Witness and Victim Protection Act. At the investigation stage in the Badia case, the victim experienced physical violence, resulting in a violation of the investigation procedures carried out.
警察的执法经常引起公众的关注，其中之一就是警察错误逮捕的各种案件。事实上，许多有关的研究表明，非法逮捕案件有可能侵犯各种人权。本研究旨在分析Badia Raja Situmorang案中错误逮捕受害者的法律保护。本研究采用规范的司法方法，并辅以受害犯罪学研究。这项研究发现并证实，关于错误逮捕的案件，可以使用各种法律规则，从《人权法》、《儿童保护法》、《刑事诉讼法》到《证人和受害者保护法》。在Badia案的调查阶段，受害人遭受了身体暴力，导致调查程序遭到违反。
{"title":"Legal Protection for Victims of Wrongful Arrest and Persecution by Investigators (Case Study of Badia Raja Situmorang)","authors":"Wandi Arifin","doi":"10.15294/imrev.v2i1.67053","DOIUrl":"https://doi.org/10.15294/imrev.v2i1.67053","url":null,"abstract":"Law enforcement by the police often raises public attention, one of which is the various cases of wrongful arrest by the police. In fact, many related studies have shown that cases of wrongful arrests have the potential to violate various human rights. This study aims to analyze the legal protection for victims of wrongful arrests in the Badia Raja Situmorang case. This study uses a normative juridical approach, with the support of victimization criminology studies. This study finds and confirms that in relation to cases of wrongful arrest, various legal rules can be used, starting from the Human Rights Law, the Child Protection Law, the Criminal Procedure Law, to the Witness and Victim Protection Act. At the investigation stage in the Badia case, the victim experienced physical violence, resulting in a violation of the investigation procedures carried out.","PeriodicalId":377989,"journal":{"name":"Indonesia Media Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135439814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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