Kebebasan Berpendapat: Tinjauan Filosofis Pasal 22 Deklarasi Kairo tentang HakAsasi Manusia dalam Islam

Rahman, Abd

doi:10.30983/alhurriyah.v3i1.531

Cited by 2 publications

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“…a. Individual This stage is related to personal goals such as individual complaints or complaints (Abd Rahman, 2018). This function has the same goal, namely changing the policies issued by policy makers.…”

Section: Results and Discussion Online Petitionmentioning

confidence: 99%

The Position of Online Petitions in The Indonesian Legal Order

Muslim,

Hasibuan,

Suhariyanto

et al. 2024

ajbkk

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This research is a qualitative research with a descriptive approach, namely describing the position of Online Petitions in the legal order in Indonesia and also describing its position in the legal order in European countries. The data used in this research is secondary data that researchers obtained from scientific articles, books, statutory regulations, magazines and credible websites that are commonly used and become references in each research. The data used was analyzed using descriptive and comparative legal analysis techniques, namely first describing the position of online petitions in Indonesian legal matters and then comparing them with various European countries. The result in this research show that that the regulation of online petitions in Indonesia is not very detailed and roams freely. This means that online petitions that have been filled in in large numbers exceeding the threshold in countries such as the UK and the United States which must be answered by the government, do not have to be answered in Indonesia. Online petitions are a form of product of freedom of expression from democracy. On the one hand, researchers believe that more specific arrangements for handling online petitions such as the United States and England also need to be implemented in Indonesia. However, on the other hand, this is not really necessary due to the responsive nature of the Indonesian government in answering the big questions on the minds of the public. Apart from that, these big questions are more often discussed through various talk shows, whether via digital television, print media, Instagram, YouTube and other platforms. For these various reasons, researchers believe that further regulation regarding online petitions is not really necessary in Indonesia. In fact, researchers are of the opinion that making a case go viral on social media without packaging it in the form of a petition is more effective than organizing the online petition itself.

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Section: Results and Discussion Online Petitionmentioning

confidence: 99%

The Position of Online Petitions in The Indonesian Legal Order

Muslim,

Hasibuan,

Suhariyanto

et al. 2024

ajbkk

View full text Add to dashboard Cite

show abstract

“…Jan Remmelink, Hukum Pidana: Komentar atas Pasal-Pasal Terpenting Dari KUHP Belanda dan Padanannya Dalam KUHP Indoenesia, 2003.22Djoko Prakoso, Tindak Pidana Makar Manurut KUHP, (Jakarta: Ghalia Indonesia, 1985). 65…”

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Kemerdekaan Menyampaikan Pendapat Dimuka Umum Sebagai Makar Menurut Kuhp

Fauzie

2019

ALHURRIYAH

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KUHP (Penal Code Of Indonesia) is a positive Indonesian criminal law regulation which in its history, came from the Wetboek van Strafrecht voor Nederlandsch Indie (WvSNI) which contains about the crimes against the security of the state as regulated in the sub first chapter of the KUHP itself. Van Toelichting’s Memorie mentioned that treason is a translation of the Aanslag, which, if paired into English, can be interpreted as an attempt or attack. According to 87th Article of the Criminal Code, if treason has commenced according to Article 53th of the Criminal Code (Trial), on the other hand, there is a The1945 Constitution which is a Grundnorm that guarantees the freedom to express opinions that publicly as in 28th E Article, 3rd paragraph. And also, regulated explicitly in 39th Law Number, the year 1999 about expressing opinions in public, so if referring to treason as an experiment as Article 53 of the Criminal Code, it would prevent anyone from criticizing by communicating and issuing opinions. If the notice was addressed to the government by saying the current government is not good and must be replaced, the presence of the 87th Article about the Criminal Code certainly experiments intention. And the crimes against state security are also referred to as political offenses, to determine the suspects in this political offense, an in-depth study must be carried out, so this is the reason why the writing is carried out. The typology of the research used is the normative juridical (doctrinal) library method. So in this study, we can see whether it is appropriate if the criminal offense of this treason can be applied as the 87th Article about Criminal Code without interpreting the betrayal as an aanslag or attempt or an attack connected to the existence of Guarantees in Delivering Opinions.

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Kebebasan Berpendapat: Tinjauan Filosofis Pasal 22 Deklarasi Kairo tentang HakAsasi Manusia dalam Islam

Cited by 2 publications

References 0 publications

The Position of Online Petitions in The Indonesian Legal Order

The Position of Online Petitions in The Indonesian Legal Order

Kemerdekaan Menyampaikan Pendapat Dimuka Umum Sebagai Makar Menurut Kuhp

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