Jurnal Hukum dan Pembangunan
Vol. 45, No. 3

MEMBANGUN PARAMETER INTERSUBJEKTIF PORNOGRAFI DENGAN PERSPEKTIF POSTMODERNISME (STUDI KASUS PUTUSAN NOMOR 39/PID.SUS/2014/PN.WSB)

Sitompul, Josua (Unknown)



Article Info

Publish Date
30 Sep 2015

Abstract

One of fundamental idea established in postmodern concept is advoacy of diversity and freedom without determined by mainstreams. Postmodernism, though started from art and literature, has developed into various disciplines, include law. Discussions of the idea within legal discourses, at one side, have tried to link the mainstreams and the minorities in harmony, but at the other side, law demands to be exercised uniformly. This article discuss postmodern perspective in understanding pornography within the context of Law 44/2008 on Pornography; this law remains retain problems regarding the concept of pornography that law enforcement officers, particularly judges, have to solve. The question that the article seek to answer is how the concept of postmodernism can help judges to establish parameter that is rational and intersubjective to determine pornography content. One case regarding pornography related to metal music is raised as an example.

Copyrights © 2015






Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...