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Journal : Veritas et Justitia

EKSISTENSI HAK ATAS MATERI PORNOGRAFI BERDASARKAN NORMA KESUSILAAN Christianto, Hwian
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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Abstract

AbstractThe elucidation of Art. 4 Act No. 44, 2008 implicitly protects a person’s right to possess pornographic materials for his own use. This article argues that this reading opens up a number of moral problems.  For one thing what is the limit of legal and illegal porn, a question which cannot be separated from our understanding of what is considered indecent behaviour. In addition, the porn industry, the source of pornographic materials, is considered immoral or against religious precepts in itself.  The right to posses pornographic materials will be discussed from this perspective. Keywords: right to own porn material, moral norm, special/general right, adat law, human right
Revenge porn sebagai Kejahatan Kesusilaan Khusus: perspektif Sobural Christianto, Hwian
Veritas et Justitia Vol 3, No 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2682

Abstract

Revenge porn is a new growing modus operandi of crime in society. Law enforcement still considers porn revenge as a pornographic crime in general as it is an activity of disseminating information that violates decency. Approach used by law enforcement in assessing revenge porn is still limited to  formal juridical approach without considering the characteristics of porn revenge that substantive justice is not fulfilled. As part of a full understanding of porn revenge, a Criminological understanding of the Sobural approach is made. Two issues to be studied are (1) what is the significance of using the Sobural approach? And  (2) Is revenge porn a decency crime based on the Sobural approach? Empirical  juridical research method is used in this study by basing on a primer in the form of legislation supported by criminal law theory related to revenge porn. Exposure from primary data is associated with secondary data in the form of Judge Judgment to see understanding of defeating of revenge porn by a judge.  The results of the study show that criminological understanding of porn revenge provides a very significant different approach in criminal law. Revenge porn is judged by the context of the community in which the perpetrators and acts of revenge porn are performed. Sobural (Social, Cultural and Structural) approach affirms contextual assessment of porn revenge based on social values, cultural values and structural factors of society. The approach of these three elements has a close correlation with the moral norms as the measure of defamation of crime of pornography as a decency crime. The integration of the Sobural approach to the understanding of moral norms in assessing porn revenge will provide an opportunity for the enforcement of living laws in society.
EKSISTENSI HAK ATAS MATERI PORNOGRAFI BERDASARKAN NORMA KESUSILAAN Christianto, Hwian
Veritas et Justitia Vol 1, No 1 (2015)
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.1417

Abstract

AbstractThe elucidation of Art. 4 Act No. 44, 2008 implicitly protects a person’s right to possess pornographic materials for his own use. This article argues that this reading opens up a number of moral problems.  For one thing what is the limit of legal and illegal porn, a question which cannot be separated from our understanding of what is considered indecent behaviour. In addition, the porn industry, the source of pornographic materials, is considered immoral or against religious precepts in itself.  The right to posses pornographic materials will be discussed from this perspective. Keywords: right to own porn material, moral norm, special/general right, adat law, human right
MEKANISME PENEGAKAN HUKUM PERKARA PIDANA PORNOGRAFI MELALUI INTERNET Christianto, Hwian
Veritas et Justitia Vol 3, No 1 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.2527

Abstract

Internet child pornography is criminalized in three different regulations, i.e. the Criminal Procedural Act (no. 8/1981), Electronic/Digital Information and Transaction Act (Act no. 11/2008) and Pornography Act (Act no. 44/2008).  As a result, law enforcers has to choose between these three different rulings and this may create uncertainty in which ruling from which act should prevail.  The author compares the above acts and reveals the comparative advantage of these three different acts in dealing with child pornography. The main finding here is that each act should be considered supplementary to each other and in combination should be enforced in such a way as to yield justice and legal certainty.