INSULT AGAINST PUBLIC OFFICIALS IN SOCIAL MEDIA: THE ETHICAL AND LEGAL DEBATE OVER THE RIGHT TO FREEDOM OF EXPRESSION IN INDONESIA

Size: px
Start display at page:

Download "INSULT AGAINST PUBLIC OFFICIALS IN SOCIAL MEDIA: THE ETHICAL AND LEGAL DEBATE OVER THE RIGHT TO FREEDOM OF EXPRESSION IN INDONESIA"

Transcription

1 International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 5, May 2018, pp , Article ID: IJCIET_09_05_118 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed INSULT AGAINST PUBLIC OFFICIALS IN SOCIAL MEDIA: THE ETHICAL AND LEGAL DEBATE OVER THE RIGHT TO FREEDOM OF EXPRESSION IN INDONESIA Adi Hardiyanto Wicaksono and Faisal Arif Universitas Diponegoro, Faculty of Law, Semarang, Indonesia ABSTRACT The presence of social media enhances public participation in the use of the right to freedom of expression which is the mandate of Article 28(e) Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia. On another side, the public criticism and dissatisfaction towards public officials in performing their functions can be conveyed directly and often expressed through social media. This paper aims to explore the criminal provisions related to insult to public officials in social media, ethical debate in law enforcement for insult against public officials through social media, national accommodation on the recognition of the right to freedom of expression, and the direct election to fulfill some public official positions. This paper focus on the Law No. 11 of 2008 concerning Information and Electronic Transactions, one of which is an intentional act and without the right to distribute and / or transmit and / or make accessible electronic information which has defamation and / or defamation charge. This article is often used by victims to ensnare offenders through social media. The offense of abuse through social media is the offense of complaint, which in order to be followed up by law enforcement, it is required that any person complain about the act. Keywords: criminal act, abuse against public officials, social media, ethics, freedom of speech Cite this Article: Adi Hardiyanto Wicaksono and Faisal Arif, Insult Against Public Officials in Social Media: The Ethical and Legal Debate Over the Right to Freedom of Expression in Indonesia, International Journal of Civil Engineering and Technology, 9(5), 2018, pp INTRODUCTION Technological developments have an effect on the way people interact (Budiharseno, 2017; Nugroho et al., 2017). The process of buying and selling that was once done conventionally by meeting between the seller and the buyer has now changed to meet in the gameplay, as well as the way someone expressed his opinion (Wahyuni & Ginting, 2017). They no longer editor@iaeme.com

2 Insult Against Public Officials in Social Media: The Ethical and Legal Debate Over the Right to Freedom of Expression in Indonesia have to meet in person. By utilizing technology, one can easily express his or her opinion of a thing in the new social space of social media. The presence of social media enhances public participation in the use of the right to freedom of expression which is the mandate of Article 28(e) Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia. However, sometimes the utilization of such rights is exercised without consideration of the disadvantages that may arise in persons other. As a result, chaos in term of the impact can be felt in society that is not only in the virtual world, but also in the real world. The real law must be in line with the development that occurs in society. If the law lags too far, then not only will the law be irrelevant, but also the law cannot be applied in society, whereas the main function of the existence of law is to regulate society so that there is no chaos. In this regard, the Government of Indonesia has made changes related to regulations on the use of technology in disseminating information, namely the enactment of Law No. 11 of 2008 on Information and Electronic Transactions. The presence of this law is a lex specialist of the Criminal Code which means for certain cases that comply with the elements of this rule, then the Criminal Code can be ruled out. Law No. 11 of 2008 on Information and Electronic Transactions regulated some criminal provisions (Lubis & Maulana, 2010). One of them is an insult to someone in the social media. The victim of defamation is not granted a restriction, so that everyone can be qualified as a victim when attacked by the forbidden act. One that can be a victim is public officials. Public Officials in Law No. 14 of 2008 on the Openness of Public Information is defined as the person appointed and given the task to occupy certain positions or positions in public bodies. The said public bodies are executive, legislative, judicative, and other bodies whose functions and duties relate to the administration of the state, which part or all of its funds are sourced from the State Revenue and Expenditure Budget and/or Regional Revenue and Expenditure Budget, community contributions and / or overseas. Public officials in performing their functions, there is the possibility of dissatisfaction with the performance of the community. Such dissatisfaction can be conveyed directly, but it is often expressed through social mediagiven its ease and impact. Debate arises when the dissatisfaction is expressed in words that attack against the self from the official. In view of its function, the public official must be prepared to obtain such scorn or criticism, but given his rights as a citizen, public official is entitled to legal protection for the dignity of the attacked. This paper aims to explore the criminal provisions related to insult to public officials in social media, ethical debate in law enforcement for insult against public officials through social media, national accommodation on the recognition of the right to freedom of expression, and the direct election to fulfill some public official positions. 2. CRIMINAL PROVISIONS RELATED TO INSULT TO PUBLIC OFFICIALS IN SOCIAL MEDIA Conventional criminal liability-considering the Criminal Code-can only be done by a person (naturlijk persoon), but related to a crime related to technology misuse, the subject of criminal law is expanding not only people but also legal entities. Penalization arrangements in the Criminal Code relate to the subject, often requiring the inner intent of the offender. Associated with the inner intentions, then that can have only human. In addition, it is also seen from the type of criminal who was dropped which can only be done by humans (Arief, 2014). In Article 1 number 21 Act No. 11 of 2008 on Information and Electronic Transactions shall be stipulated that the subject of criminal law covers Indonesian citizens and foreign citizens as well as legal entities. With the expansion of such criminal law subjects, accountability for criminal acts has become enormous and has met the needs of developments in society editor@iaeme.com

3 Adi Hardiyanto Wicaksono and Faisal Arif In relation to the place of incident, it is stipulated that which can be snared not only acts committed in the jurisdiction of Indonesia, but also acts committed outside the jurisdiction of Indonesia of origin meet two requirements namely: a. Having legal consequences in the jurisdiction of Indonesia and / or outside the jurisdiction of Indonesia; and b. Adverse the national interests. Both of the above-mentioned requirements are cumulative, both of which must be met and not just one. If one of the two requirements is not met, then the act cannot be accounted for by using Indonesian law. In relation to the locus delicti, it can be analyzed that it is related to criminal misuse of technology, its arrangement uses several principles namely territorial principle, active national principle and passive national principle (Moeljatno, 2009). The territorial principle emphasizes the place of action. Anyone who does so, an Indonesian citizen or a foreign national, is not a consideration. This principle is commonly used by most countries. The second principle is the national principle active or often equated with personal principles. It focuses on people who commit criminal acts. The place of the offense on this principle is positioned as not important. This principle is quite difficult to apply because it relates to the sovereignty of the country where the crime occurred. To execute an incident in accordance with this principle, an extradition treaty is usually committed against a criminal offender. The third principle, the passive national principle focuses on the place of losses on criminal acts committed. Although such acts are committed outside the jurisdiction of a country, but if the act is detrimental to a particular country, then that particular country may take action against the offender. In relation to criminal misuse of technology, its locus delicti is more difficult to determine than with ordinary crimes (contained in the Criminal Code). However, these difficulties can be tricked by determining the place where the act resulted in a loss. Seeing such a case, it is necessary to have a progressive law enforcement officers related to the determination of place of crime for the realization of regularity as one of the functions of criminal law. Prohibited acts regulated in Law No. 11 of 2008 concerning Information and Electronic Transactions, one of which is an intentional act and without the right to distribute and / or transmit and / or make accessible electronic information which has defamation and / or defamation charge. This article is often used by victims to ensnare offenders through social media. The offense of abuse through social media is the offense of complaint, which in order to be followed up by law enforcement, it is required that any person complain about the act. The person who complained must be the person who suffered a loss for what the perpetrator has done. Unauthorized persons cannot be claimants. Problems arise when the insulted are public officials, especially those elected through the democratic system. Reporting actions that harm him can sometimes harm the image that is in him so that the electability decreased. There is no special treatment for public officials related to his humiliation. The treatment provided by law is similar to the treatment given to citizens in general. Crime that can be imposed if a person commits a prohibited act as mentioned above shall be sentenced to imprisonment for a maximum of 6 (six) years and / or a maximum fine of Rp. 1,000,000,000 (one billion rupiah). If the act is committed by a corporation / legal entity, it is criminally charged with two or three thirds. The problem that arises is if the action is done by the corporation. Given the existing criminal type, the corporation cannot be closed or dissolved by the government editor@iaeme.com

4 Insult Against Public Officials in Social Media: The Ethical and Legal Debate Over the Right to Freedom of Expression in Indonesia 3. ETHICAL DEBATE IN LAW ENFORCEMENT FOR INSULT AGAINST PUBLIC OFFICIALS THROUGH SOCIAL MEDIA As a public official, one must be prepared to accept all the rational and irrational scorn of society. However, as a citizen, public officials also deserve legal protection just like any other citizen. They-public officials-who are insulted through social media means, are entitled to complain of criminal offenses to which they are victims. They are also entitled to the complaints they report to law enforcement officers for follow-up. The humiliation of a person in social media can have the effect of mimicking public opinion to think the same as the offender. The effect will not only be felt by public officials, but also by family members of the public officials. Losses suffered by public officials are not just a public scorn for him, but also a scorn on his family members. It can have a poor psychological impact, especially on the children of public officials, which should not happen. On the other hand, criticism of the performance of public officials is required as checks and balances (see also, for official immunity, Rosenbloom, 1980; Epstein, 1978; Woolhandler, 1986). If criticism of public officials is silenced, then it has claimed the right of citizens to speak up especially if the performance of public officials is very bad. If criticism is silenced by using insulting articles through social media, then public officials are likely to be authoritarian and anti-critical that should be avoided in a democratic country. The problems that occur in relation to the insult article through social media, especially to public officials are what is the boundary between humiliation and criticism (see also Chase, 1889; Thompson, 1980). Legislation does not set such limits, so that the article can be said to be a multi-interpretation article that is the article that can ensnare anyone, regardless of what is mentioned right or slander. If the limit of contempt is untruthfulness of what is uploaded in social media, then the public official who is the victim must prove that what has been uploaded is not true. However, this does not happen in court practice, which may mean that regardless of whether the upload has a truth value or not, the offender can be criminalized. Ethical problems arise seen from the reporting side by public officials for the humiliation he experienced, whether the acts committed by public officials are true or not. Given the position held by him, then it is not a good thing to do. This is related to the function of public officials serving the citizens. The services provided by him certainly will not satisfy each party. Related to this matter, public officials should be accepted with sincerity over all criticism directed at him. However, what perpetrators do is not justifiable either from the side of law or ethics. If the defamation is intended to give criticism to the performance of public officials, then the criticism should be directed to the means directly provided. If a public official in the mind of the offender has committed a disgraceful act which is regulated in legislation, then the offender should report the matter to the authorities. Judging from the above mentioned descriptions, it can be concluded that several matters relate to the cause of a person's humiliation of a public official in social media: a. The lack of adequate facilities related to the check and balance function of the public on the performance of public officials; b. Where the means for channeling criticism exist, the criticism has not been followed up or followed up but without transparency to the public; and c. The absence of clear limits on criticism and contempt in legislation. The community itself has not fully understood the rights associated with others that must be maintained in an upload on social media. Society is indifferent to the harm experienced by others. Which is contrary to the noble values-which he says-is owned by the Indonesians editor@iaeme.com

5 Adi Hardiyanto Wicaksono and Faisal Arif In relation to law enforcement positions, what should be done is to follow up on any complaints made by public officials. Law enforcement officials have an obligation to treat a person equally before the law. On the ethical issue of public officials who complain, it is not the area of law enforcement to take care of it, because law and ethics exist in different dimensions. 4. HAS INDONESIA REALLY ACKNOWLEDGED THE RIGHT TO FREEDOM OF SPEECH? As a democratic country, the 1945 Constitution of the State of the Republic of Indonesia has accommodated the recognition of the right to freedom of expression. Everyone has the right to express his opinion in public. Restrictions on this right have also been regulated in the form of rights that exist in others. In the present era, the right has really been felt by society. Indonesia had an emergency over the right to freedom of expression during the Soeharto era. At that time, all press agencies are required to report content that will be published before they are published. If any content is disapproved by the authorities, then the content cannot be published. If the press commits a reckless act, then it can be criminalized and the agency is revoked. In that era, government critics were not given space. Critics of the rulers are even subjected to torture in ways outside the law. Those who criticize too harshly are omitted and never again known to their bodies, or at least killed in ways previously planned. Some of the biggest cases that critics have experienced in the New Order era is the death of Buru Island Case , mysterious shootings , Tanjung Priok , Talangsari , Military Operations Area in Aceh ( ). Indonesia has changed. Indonesia has given space to all opinions. Nevertheless, Indonesia has not forgotten to set such limits of freedom for the sake of creating order in society. As a country, the regulation of the right to freedom of expression has been completed. 5. ELECTIONS: INCREASE ELECTABILITY BY DESTROYING COMPETITORS Some positions of public officials are obtained through a democratic system that is a direct election by the community (Reilly, 2018). Those who get the most support can reach the position. Positions as President, Governor, Regent, Mayor, and the members of House of Representatives are contested by candidates through general election. Prior to the general election, candidates conducted a campaign which was conducted with the aim of obtaining sympathy from the community. The campaign was conducted, even before the determination of the candidate. Prospective public official s campaign by voicing their vision and mission if they are elected later. Conducting political agreements with the voters can then serve as a measure of whether candidates when elected have implemented the policy in accordance with the promise or not. If it is not in accordance with the promise, then it is a reasonable reason for voters to criticize. In addition to voicing its vision and mission, candidates often criticize its competitors. These criticisms are ranging from mission vision to criticism related to personal issues. Criticism of the candidate is not only done by another candidate, but also done by successful teams and even sympathizers of competitors. Social media becomes a means to lead public opinion to choose or not to vote for a person in an election. Seeing this, successful teams, sympathizers and candidates use social media as a means to gain support. The humiliation of public officials in social media-especially those who want to resume the general election-is done with the aim of imposing the electability of the public official. Such humiliation is in fact done in the form of defamation of the public official relating to editor@iaeme.com

6 Insult Against Public Officials in Social Media: The Ethical and Legal Debate Over the Right to Freedom of Expression in Indonesia performance as well as personal matters. Disdain for performance is commonplace to accept, only on the condition that it is a fact and not a slander. With regard to personal matters, it is not really appropriated to be uploaded in social media because the seizure of the vote in this way is an ethical violation to gain a position of public servant. 6. CONCLUSION Public officials have two roles in the life of the state, namely as citizens who have the right to be treated equally before the law and a public servant who must receive any criticism from members of the community. His humiliation through social media is worth following up, but criticism of him for his performance, should not be complained. The absence of restrictions between criticism and contempt in insulting articles through social media, a condition with the interests of officials to carry out silencing criticism. The community itself has not been able to exercise its rights wisely. REFERENCES [1] Arief, Barda Nawawi Pelengkap Hukum Pidana I (Complementary to Criminal Law). Semarang: Pustaka Magister. [2] Budiharseno, R. S. (2017). Factors Affecting Online Buying Behavior on G-Market Site among International Students in Busan: A Qualitative Research. Arthatama: Journal of Business Management and Accounting, 1(1), 1-5. [3] Chase, G. (1889). Criticism of Public Officers and Candidates for Office. Am. L. Rev., 23, 346. [4] Epstein, R. A. (1978). Private-Law Models for Official Immunity. Law and Contemporary Problems, 42(1), [5] Kung, Hans, Global Ethic, Law, and Politics. The Global Ethic and Law: Intersections and Interactions. Nomos Verlagsgessellschaft mbh & Co, KG, [6] Lubis, M., & Maulana, F. A. (2010, December). Information and electronic transaction law effectiveness (UU-ITE) in Indonesia. In Information and Communication Technology for the Muslim World (ICT4M), 2010 International Conference on (pp. C-13). IEEE. [7] Moeljatno Asas-Asas Hukum Pidana (Principles of Criminal Law). Jakarta: Rineka Cipta. [8] Nugroho, A. H., Bakar, A., & Ali, A. (2017). Analysis of technology acceptance model: case study of Traveloka. Arthatama: Journal of Business Management and Accounting, 1(1). [9] Reilly, Shauna, Direct Democracy: A Double-Edged Sword. (Boulder: Lynne Rienner, 2018). [10] Rosenbloom, D. H. (1980). Public administrators' official immunity and the Supreme Court: Developments during the 1970s. Public Administration Review, [11] Sudarto Hukum Pidana I (Criminal Law). Semarang: Yayasan Sudarto. [12] Thompson, D. F. (1980). Moral responsibility of public officials: The problem of many hands. American Political Science Review, 74(4), [13] Wahyuni, S., & Ginting, M. (2017). The impact of product quality, price, and distribution on purchasing decision on the astra motor products in Jakarta. Arthatama: Journal of Business Management and Accounting, 1(1), 18. [14] Woolhandler, A. (1986). Patterns of Official Immunity and Accountability. Case W. Res. L. Rev., 37, 396. [15] Dr. Meenakshi Tomar, Dr. Krishan K Pandey and Dr. Devendra K Punia, Customer Engagement on Social Media: Understanding the Functional Perspectives of Social Media editor@iaeme.com

7 Adi Hardiyanto Wicaksono and Faisal Arif towards Customer Engagement. International Journal of Marketing and Human Resource Management, 7(3), 2016, pp [16] Dr. Priya Grover and Rama Krishna Mandan, Analysing Role of Social Media in Consumer Decision Making for Purchase of Auto brands In India. International Journal of Management, 8(1), 2017, pp [17] Esther Hepziba. R and Dr. Florence John, an Exploratory Study on the Influence of Social Media Marketing Strategies on Customer Engagement. International Journal of Marketing and Human Resource Management, 8(3), 2017, pp [18] Unnati Patel and Dr. Govind B Dave, An Empirical Study of Advertisements of Products on Social Media Platforms, Analysing The Sectoral Predictability of Risk and Return In India. International Journal of Management, 7(4), 2016, pp editor@iaeme.com

RECONSTRUCTION OF SETTING JUDICIAL REVIEW OF LEGAL MATERIAL BY INDONESIA SUPREME COURT

RECONSTRUCTION OF SETTING JUDICIAL REVIEW OF LEGAL MATERIAL BY INDONESIA SUPREME COURT International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 2, February 2018, pp. 727 732, Article ID: IJCIET_09_02_069 Available online at http://http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=2

More information

LIMITATIONS OF FREEDOM OF SPEECH IN A DEMOCRATIC GOVERNMENT: A CONTEMPORARY ANALYSIS IN INDONESIA CASE

LIMITATIONS OF FREEDOM OF SPEECH IN A DEMOCRATIC GOVERNMENT: A CONTEMPORARY ANALYSIS IN INDONESIA CASE International Journal of Mechanical Engineering and Technology (IJMET) Volume 9, Issue 8, August 2018, pp. 868 874, Article ID: IJMET_09_08_093 Available online at http://www.iaeme.com/ijmet/issues.asp?jtype=ijmet&vtype=9&itype=8

More information

LEGAL IMPACTS OF THE EXISTENCE OF REFUGEES AND ASYLUM SEEKERS IN INDONESIA

LEGAL IMPACTS OF THE EXISTENCE OF REFUGEES AND ASYLUM SEEKERS IN INDONESIA International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 5, May 2018, pp. 1051 1058, Article ID: IJCIET_09_05_117 Available online at http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=5

More information

Remission for the corruptor (Between the human right and the spririt for eradication corruption)

Remission for the corruptor (Between the human right and the spririt for eradication corruption) Journal of Advanced Research in Social Sciences and Humanities Volume 2, Issue 6 (358-362) DOI: https://dx.doi.org/10.26500/jarssh-02-2017-0603 Remission for the corruptor (Between the human right and

More information

LEGAL POLICY IN PROTECTION FOR INDONESIAN SEAFARERS

LEGAL POLICY IN PROTECTION FOR INDONESIAN SEAFARERS International Journal of Civil Engineering and Technology (IJCIET) Volume 10, Issue 1, January 2019, pp.444 450, Article ID: IJCIET_10_01_041 Available online at http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=10&itype=1

More information

National Report Japan

National Report Japan National Report Takeshi MATSUDA, Megumi OCHI, Tadashi IWASAKI (B) Jurisdictional issues (1)(a) How does your country locate the place of the commission of a crime in cyberspace? Article 1 of the ese Penal

More information

BASIC RIGHTS TO EXPRESS OPINION IMPLICATION THE CRIME OUTRAGEOUSLY

BASIC RIGHTS TO EXPRESS OPINION IMPLICATION THE CRIME OUTRAGEOUSLY BASIC RIGHTS TO EXPRESS OPINION IMPLICATION THE CRIME OUTRAGEOUSLY Eny Suastuti Trunojoyo University of Madura enysuastuti@yahoo.co.id ABSTRACT Criminal contempt criminal provisions intended to protect

More information

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code) IOP Conference Series: Materials Science and Engineering PAPER OPEN ACCESS Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code) To cite

More information

ACT OF THE REPUBLIC OF INDONESIA NUMBER 21 YEAR 2000 CONCERNING TRADE UNIONS

ACT OF THE REPUBLIC OF INDONESIA NUMBER 21 YEAR 2000 CONCERNING TRADE UNIONS ACT OF THE REPUBLIC OF INDONESIA NUMBER 21 YEAR 2000 CONCERNING TRADE UNIONS WITH THE GRACE OF GOD THE ALMIGHTY, THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. That freedom of association

More information

ACT OF THE REPUBLIC OF INDONESIA NUMBER 14 OF 2008 ON PUBLIC INFORMATION OPENNESS BY THE MERCY OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA,

ACT OF THE REPUBLIC OF INDONESIA NUMBER 14 OF 2008 ON PUBLIC INFORMATION OPENNESS BY THE MERCY OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA, ACT OF THE REPUBLIC OF INDONESIA NUMBER 14 OF 2008 ON PUBLIC INFORMATION OPENNESS BY THE MERCY OF ALMIGHTY GOD PRESIDENT OF THE REPUBLIC OF INDONESIA, Whereas: a. information is a basic individual need

More information

Separate Filing (Splitsing) In Criminal Case Management

Separate Filing (Splitsing) In Criminal Case Management Jurnal Daulat Hukum Volume 1 No. 2 June 2018 ISSN: 2614-560X (Hidayat Abdulah) 1. Introduction Hidayat Abdulah 1 Abstract. In the implementation of the criminal case handling a lot of things that can be

More information

LEGAL STUDY ON THE CRIMINAL LIABILITY OFFENDERS OF THE ENVIRONMENT

LEGAL STUDY ON THE CRIMINAL LIABILITY OFFENDERS OF THE ENVIRONMENT International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 12, December 2018, pp. 1082 1093, Article ID: IJCIET_09_12_112 Available online at http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=12

More information

Criminal Sanctions Against Publisher of Empty Giro in Polda Jateng Jurisdictions

Criminal Sanctions Against Publisher of Empty Giro in Polda Jateng Jurisdictions Jurnal Daulat Hukum Volume 1 No. 2 June 2018 ISSN: 2614-560X Criminal Sanctions Against Publisher of Empty Giro... (Ridha Ari Setyono) Criminal Sanctions Against Publisher of Empty Giro in Polda Jateng

More information

? Crimes Related to Private

? Crimes Related to Private Promulgated on March 21, 2011, Effective on July 1, 2011? Crimes Related to Private Documents This guideline applies to adult offenders (nineteen years of age or older) who committed any offenses of Forgery

More information

TORTIOUS LIABILITY OF CONSTRUCTION FAILURES: AN ANALYSIS OF LAW ON CONSTRUCTION SERVICES IN INDONESIA

TORTIOUS LIABILITY OF CONSTRUCTION FAILURES: AN ANALYSIS OF LAW ON CONSTRUCTION SERVICES IN INDONESIA International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 4, April 2018, pp. 883 890, Article ID: IJCIET_09_04_099 Available online at http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=4

More information

REVIEW OF IMPLEMENTATION OF CRIMINAL JURIDICAL CRIME AGAINST THEFT WITH VIOLENCE. Achmad Sulchan, Afrida Adzfar TR

REVIEW OF IMPLEMENTATION OF CRIMINAL JURIDICAL CRIME AGAINST THEFT WITH VIOLENCE. Achmad Sulchan, Afrida Adzfar TR CRIME AGAINST THEFT WITH VIOLENCE Faculty of Law UNISSULA ach.sulchan@unissula.ac.id Abstract In the implementation of law enforcement does not always correspond with what is written in the legislation.

More information

Law No. 26 Year Establishing the Ad Hoc Human Rights Court

Law No. 26 Year Establishing the Ad Hoc Human Rights Court Law No. 26 Year 2000 - Establishing the Ad Hoc Human Rights Court REPUBLIC OF INDONESIA ACT 26 OF 2000 CONCERNING HUMAN RIGHTS COURTS WITH THE MERCY OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

More information

Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia

Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia Volume 1 Issue 1, September 2016: pp. 051-059. Copyright 2016 PALAU. Faculty of Law, Pattimura University, Ambon, Maluku, Indonesia. p-issn: 2527-7308 e-issn: 2527-7316. Open Access At : http://fhukum.unpatti.ac.id/jurnal/index.php?journal=palau

More information

DRAFT NATIONAL LAW OF THE REPUBLIC OF INDONESIA NUMBER 40, YEAR OF 1999 PRESS BY THE GRACE OF GOD THE PRESIDENT OF REPUBLIC OF INDONESIA

DRAFT NATIONAL LAW OF THE REPUBLIC OF INDONESIA NUMBER 40, YEAR OF 1999 PRESS BY THE GRACE OF GOD THE PRESIDENT OF REPUBLIC OF INDONESIA 1 DRAFT NATIONAL LAW OF THE REPUBLIC OF INDONESIA NUMBER 40, YEAR OF 1999 ON PRESS BY THE GRACE OF GOD THE PRESIDENT OF REPUBLIC OF INDONESIA Considers : a. that the freedom of the press is one of the

More information

LAW OF THE REPUBLIC OF INDONESIA NO. 9 YEAR OF 2008 ON THE USE OF CHEMICAL MATERIALS AND THE PROHIBITION OF CHEMICAL MATERIALS AS CHEMICAL WEAPONS

LAW OF THE REPUBLIC OF INDONESIA NO. 9 YEAR OF 2008 ON THE USE OF CHEMICAL MATERIALS AND THE PROHIBITION OF CHEMICAL MATERIALS AS CHEMICAL WEAPONS Unofficial Translation LAW OF THE REPUBLIC OF INDONESIA NO. 9 YEAR OF 2008 ON THE USE OF CHEMICAL MATERIALS AND THE PROHIBITION OF CHEMICAL MATERIALS AS CHEMICAL WEAPONS WITH THE BLESSINGS OF GOD THE ALMIGHTY

More information

Penal Mediation in the Theory and Practice in Indonesia

Penal Mediation in the Theory and Practice in Indonesia Penal Mediation in the Theory and Practice in Indonesia Dr. Urbanisasi Senior Lecturer, Faculty of Law, Tarumanagara University, Jakarta, Indonesia Abstract Mediation is the process of problem-solving

More information

For a Universal Declaration of Democracy

For a Universal Declaration of Democracy For a Universal Declaration of Democracy ERUDITIO, Volume I, Issue 3, September 2013, 01-10 Abstract For a Universal Declaration of Democracy Chairman, Foundation for a Culture of Peace Fellow, World Academy

More information

Faisal Arif and Galang Prayogo Universitas Diponegoro, Faculty of Law, Semarang, Indonesia

Faisal Arif and Galang Prayogo Universitas Diponegoro, Faculty of Law, Semarang, Indonesia International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 4, April 2018, pp. 871 882, Article ID: IJCIET_09_04_098 Available online at http://www.iaeme.com/ijciet/issues.asp?jtype=ijciet&vtype=9&itype=4

More information

Determination of a suspect for the candidate of region in election in Indonesia

Determination of a suspect for the candidate of region in election in Indonesia International Journal of Development and Sustainability ISSN: 2186-8662 www.isdsnet.com/ijds Volume 7 Number 10 (2018): Pages 2476-2485 ISDS Article ID: IJDS18091901 Determination of a suspect for the

More information

MACN Collective Action Brief

MACN Collective Action Brief REPORT NOVEMBER 2016 MACN Collective Action Brief Indonesia Indonesia Collective Action Brief 1 About This Brief This brief provides a summary of the first phase of the Collective Action project launched

More information

Article Online Version For online version, check: https://journal.unnes.ac.id/sju/index.php/iccle

Article Online Version For online version, check: https://journal.unnes.ac.id/sju/index.php/iccle International Conference on Clinical Legal Education, is an International Proceedings and equivalent with scientific journal, published annually by Faculty of Law, Universitas Negeri Semarang, Indonesia.

More information

CORPORATE CRIMINAL RESPONSIBILITY AGAINST ENVIRONMENTAL CRIME

CORPORATE CRIMINAL RESPONSIBILITY AGAINST ENVIRONMENTAL CRIME CORPORATE CRIMINAL RESPONSIBILITY AGAINST ENVIRONMENTAL CRIME Septa Candra Sigid Suseno ABSTRACT This paper discusses corporate law enforcement that carries out environmental crime. Although criminal law

More information

ANNEX I.23 LAW OF THE REPUBLIC OF INDONESIA NUMBER 31, YEAR 1999 REGARDING ERADICATION OF CRIMINAL ACTS OF CORRUPTION

ANNEX I.23 LAW OF THE REPUBLIC OF INDONESIA NUMBER 31, YEAR 1999 REGARDING ERADICATION OF CRIMINAL ACTS OF CORRUPTION ANNEX I.23 LAW OF THE REPUBLIC OF INDONESIA NUMBER 31, YEAR 1999 REGARDING ERADICATION OF CRIMINAL ACTS OF CORRUPTION 1 LAW OF THE REPUBLIC OF INDONESIA NUMBER 31, YEAR 1999 REGARDING ERADICATION OF CRIMINAL

More information

Guarding Constitution of Indonesia through the Court. Wasis Susetio Universitas Indonusa Esa Unggul Indonesia

Guarding Constitution of Indonesia through the Court. Wasis Susetio Universitas Indonusa Esa Unggul Indonesia Guarding Constitution of Indonesia through the Court Wasis Susetio Universitas Indonusa Esa Unggul Indonesia I. Introduction Since third amendment of Undang-Undang Dasar 1945 (The Republic of Indonesia

More information

For a Universal Declaration of Democracy. A. Rationale

For a Universal Declaration of Democracy. A. Rationale Rev. FFFF/ EN For a Universal Declaration of Democracy A. Rationale I. Democracy disregarded 1. The Charter of the UN, which was adopted on behalf of the «Peoples of the United Nations», reaffirms the

More information

Indonesia Amnesty International submission to the UN Universal Periodic Review 13 th session of the UPR Working Group, May-June 2012

Indonesia Amnesty International submission to the UN Universal Periodic Review 13 th session of the UPR Working Group, May-June 2012 Indonesia Amnesty International submission to the UN Universal Periodic Review 13 th session of the UPR Working Group, May-June 2012 Follow up to the previous review At the time of its first UPR in April

More information

SOSIOLOGICAL JURISPRUDENCE

SOSIOLOGICAL JURISPRUDENCE SOSIOLOGICAL JURISPRUDENCE International Journal of Sociological Jurisprudence Volume 1; Issue 2; 2018, Page: 103-112 ISSN 2615-8809 E ISSN 2615-8795 https://ejournal.warmadewa.ac.id/index.php/sjj Policy

More information

LAW OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2014 CONCERNING VILLAGE BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA

LAW OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2014 CONCERNING VILLAGE BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA COPY LAW OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2014 CONCERNING VILLAGE BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that Village has the rights of origin

More information

Unlicensed Mining as an Alternative Policy: Valuable Experiences in Southeast Sulawesi and East Java

Unlicensed Mining as an Alternative Policy: Valuable Experiences in Southeast Sulawesi and East Java ES Web of Conferences 68, 006 (08) st SRICOENV 08 Unlicensed Mining as an Alternative Policy: Valuable Experiences in Southeast Sulawesi and East Java Ahmad Sudiro, Ahmad Redi,Ade Adhari,and Mardiana Rachman

More information

International Journal of Education and Research Vol. 2 No. 8 August 2014

International Journal of Education and Research Vol. 2 No. 8 August 2014 International Journal of Education and Research Vol. 2 No. 8 August 2014 THE CONSTRUCTION OF PENAL MEDIATION MODEL IN HANDLING FAMILY NEGLECT CASES IN THE FUTURE I Ketut Sudira Abstract Case neglect of

More information

LAW ON THE COURT OF BOSNIA AND HERZEGOVINA

LAW ON THE COURT OF BOSNIA AND HERZEGOVINA Strasbourg, 6 December 2000 Restricted CDL (2000) 106 Eng.Only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) LAW ON THE COURT OF BOSNIA AND HERZEGOVINA 2 GENERAL

More information

CLINICAL LEGAL EDUCATION IN INDONESIA AND PROTECTION OF CONSTITUTIONAL RIGHTS

CLINICAL LEGAL EDUCATION IN INDONESIA AND PROTECTION OF CONSTITUTIONAL RIGHTS CLINICAL LEGAL EDUCATION IN INDONESIA AND PROTECTION OF CONSTITUTIONAL RIGHTS Nallom Kurniawan 1 *, Luthfi Widagdo Eddyono 2 1 M.H., S.H., Indonesian Constitutional Court, INDONESIA, nalom.mkri@gmail.com

More information

Indonesia-Korea MLA Treaty

Indonesia-Korea MLA Treaty The Asian Development Bank and the Organisation for Economic Co-operation and Development do not guarantee the accuracy of this document and accept no responsibility whatsoever for any consequences of

More information

Yurizal 1, Jonaedi Efendi 2 INDONESIA. ABSTRACT

Yurizal 1, Jonaedi Efendi 2 INDONESIA. ABSTRACT THE REFORMULATION OF INDONESIAN NATIONAL POLICE FORCE AND POLICE SERVANT INVESTIGATOR (PPNS) AUTHORITIES IN INVESTIGATING THE CRIME OF ENVIRONMENT POLLUTION AND/OR DAMAGING Yurizal 1, Jonaedi Efendi 2

More information

PARLIAMENT WATCH BANGLADESH SEPTEMBER DECEMBER 2010

PARLIAMENT WATCH BANGLADESH SEPTEMBER DECEMBER 2010 PARLIAMENT WATCH BANGLADESH SEPTEMBER DECEMBER 2010 1 A Report on the Proceedings of the Ninth Parliament of Bangladesh (Sixth and Seventh Session) September - December 2010 Irfath Ara Iva SAHR Bangladesh

More information

Corporate responsibility for environmental crime in Indonesia

Corporate responsibility for environmental crime in Indonesia Vol. 9(1), pp. 1-8, June 2017 DOI:10.5897/JLCR2014.0196 Article Number: D428B6165071 ISSN 2006-9804 Copyright 2017 Author(s) retain the copyright of this article http://www.academicjournals.org/jlcr Journal

More information

It has the honour to enclose herewith the observations of the Government of Peru on the questionnaire.

It has the honour to enclose herewith the observations of the Government of Peru on the questionnaire. 1 Translated from Spanish Permanent Mission of Peru to the United Nations 7-1-SG/062 The Permanent Mission of Peru to the United Nations presents its compliments to the United Nations Secretariat, Office

More information

Questionnaire on the use of legislation, including criminal legislation, to regulate the activities and work of human rights defenders

Questionnaire on the use of legislation, including criminal legislation, to regulate the activities and work of human rights defenders Questionnaire on the use of legislation, including criminal legislation, to regulate the activities and work of human rights defenders Submitted by KONTRAS (The Commission for the Disappeared and Victims

More information

ACT GOVERNING DIRECT SALES AND DIRECT MARKETING (RELEASE 3) B.E. 2560

ACT GOVERNING DIRECT SALES AND DIRECT MARKETING (RELEASE 3) B.E. 2560 ACT GOVERNING DIRECT SALES AND DIRECT MARKETING (RELEASE 3) B.E. 2560 ---------------- IN THE NAME OF HIS MAJESTY THE KING MAHA VAJIRALONGKORN BODINDRADEBAYAVARANGKUN Proclaimed on May 14, 2017 Being the

More information

LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2010 CONCERNING CULTURAL CONSERVATION BY THE MERCY OF THE ONE SUPREME GOD

LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2010 CONCERNING CULTURAL CONSERVATION BY THE MERCY OF THE ONE SUPREME GOD LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF 2010 CONCERNING CULTURAL CONSERVATION BY THE MERCY OF THE ONE SUPREME GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that the cultural conservation

More information

European Neighbourhood Instrument Twinning project No. EuropeAid/137673/DD/ACT/UA. Draft Law of Ukraine on

European Neighbourhood Instrument Twinning project No. EuropeAid/137673/DD/ACT/UA. Draft Law of Ukraine on ANNEX 2 European Neighbourhood Instrument Twinning project No. EuropeAid/137673/DD/ACT/UA Draft Law of Ukraine on IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT Draft Law The Law on the Implementation

More information

REALITY BEHIND BARS. A Brief Report on Documentation of Human Rights Violations of Drug Suspects at the Investigation Stage in Jakarta

REALITY BEHIND BARS. A Brief Report on Documentation of Human Rights Violations of Drug Suspects at the Investigation Stage in Jakarta REALITY BEHIND BARS A Brief Report on Documentation of Human Rights Violations of Drug Suspects at the Investigation Stage in Jakarta July 2012 A Brief Report on Documentation of Human Rights Violations

More information

CHAPTER III APPLICATION FOR REGISTRATION OF INDUSTRIAL DESIGN

CHAPTER III APPLICATION FOR REGISTRATION OF INDUSTRIAL DESIGN INDONESIA Design Law No. 31 as ratified on December 20, 2000 ENTRY INTO FORCE: June 14, 2001 TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS Article 1 CHAPTER II SCOPE OF INDUSTRIAL DESIGNS Part One Industrial

More information

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF LEGAL AFFAIRS Plaintiff, vs. CASE NO. REGISTERED AGENT

More information

Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia

Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia Weak Child Protection Law in Act Combating Crime of Trafficking in Person in Indonesia Rosita * Firdaus Abu Bakar Taufik Student of Doctoral Program of Law, Faculty of Law, Jambi University Abstract After

More information

Rights to restitution for child victim of criminal act under government regulation number 43 year 2017

Rights to restitution for child victim of criminal act under government regulation number 43 year 2017 Rights to restitution for child victim of criminal act under government regulation number 43 year 2017 Azmiati Zuliah * and Madiasa Ablisar Doctoral Program in Law, Universitas Sumatera Utara, Medan, Sumatera

More information

Criminal Responsibility Analysis In Reporting Of Indicated Defamation Delict By Pers

Criminal Responsibility Analysis In Reporting Of Indicated Defamation Delict By Pers Quest Journals Journal of Research in Business and Management Volume 6 ~ Issue 3 (2018) pp: 10-14 ISSN(Online) : 2347-3002 www.questjournals.org Research Paper Criminal Responsibility Analysis In Reporting

More information

Journal of Law, Policy and Globalization ISSN (Paper) ISSN (Online) Vol.24, 2014

Journal of Law, Policy and Globalization ISSN (Paper) ISSN (Online) Vol.24, 2014 Penal Individualization Principles of Specific-Minimum Criminal System within Corrupt Criminal Offense In Indonesia Lalu Parman 1, Koesno Adi 2, Rodliyah 3, Pria Djatmika 4 Abstract This study focuses

More information

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA A BILL 0- IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 0 0 To amend the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 0 to add and amend definitions,

More information

Study of Social Capital of KONI Community in the Sports Development in Central Java Indonesia

Study of Social Capital of KONI Community in the Sports Development in Central Java Indonesia Journal of Sports Science 4 (2016) 111-118 doi: 10.17265/2332-7839/2016.02.008 D DAVID PUBLISHING Study of Social Capital of KONI Community in the Sports Development in Central Java Indonesia Tri Rustiadi

More information

Police Role In The Process Of Penal Mediation

Police Role In The Process Of Penal Mediation Jurnal Daulat Hukum Volume 1 Issue 3 September 2018 ISSN: 2614-560X (Agus Triatmoko) 1. Introduction Agus Triatmoko 1 and Anis Mashdurohatun 2 Abstract. Penal mediation settlement of criminal cases into

More information

The Principle of Humanization of the Criminal Policy in Russia in the Context of International Standards

The Principle of Humanization of the Criminal Policy in Russia in the Context of International Standards The Principle of Humanization of the Criminal Policy in Russia in the Context of International Standards Andrey V. Makarov Doctor of Law, Professor, Transbaikal State University; jus-chita@yandex.ru Sergey

More information

KPK Authority Review in the Impact of Corruption Eradication

KPK Authority Review in the Impact of Corruption Eradication IOSR Journal Of Humanities And Social Science (IOSR-JHSS) Volume 22, Issue 8, Ver. I (August. 2017) PP 88-92 e-issn: 2279-0837, p-issn: 2279-0845. www.iosrjournals.org KPK Authority Review in the Impact

More information

5. PRACTICAL PROBLEMS. 5.1 Being in court. 5.2 The Evidence - is it admissible in court? 5.3 Taking samples - evidential problems

5. PRACTICAL PROBLEMS. 5.1 Being in court. 5.2 The Evidence - is it admissible in court? 5.3 Taking samples - evidential problems 5. PRACTICAL PROBLEMS 5.1 Being in court If a water chemist is involved in court proceedings he or she should be careful not to commit perjury by knowingly swearing a false statement concerning the disputed

More information

Corporate Administration Detection and Prevention of Fraud and Abuse CP3030

Corporate Administration Detection and Prevention of Fraud and Abuse CP3030 Corporate Administration Detection and Prevention of Fraud and Abuse CP3030 Original Effective Date: May 1, 2007 Revision Date: April 5, 2017 Review Date: April 5, 2017 Page 1 of 3 Sponsor Name & Title:

More information

ACT ON THE PUNISHMENT OF CRIMES WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

ACT ON THE PUNISHMENT OF CRIMES WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT ACT ON THE PUNISHMENT OF CRIMES WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT Act on the Punishment of Crimes within the Jurisdiction of the International Criminal Court Enacted on December

More information

Regional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.

Regional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine. Anti-Corruption Network for Transition Economies OECD Directorate for Financial, Fiscal and Enterprise Affairs 2, rue André Pascal F-75775 Paris Cedex 16 (France) phone: (+33-1) 45249106, fax: (+33-1)

More information

UU RI No. 20/2001. AMENDMENT TO LAW NO. 31/1999 ON CORRUPTION ERADICATION

UU RI No. 20/2001. AMENDMENT TO LAW NO. 31/1999 ON CORRUPTION ERADICATION P1'\E:S1C)EN!'W:PLOUK' INOO!'E..5IA UU RI No. 20/2001. AMENDMENT TO LAW NO. 31/1999 ON CORRUPTION ERADICATION Considering: WITH THE BLESSINGS OF THE ONE GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

More information

Indonesia Submission to the UN Universal Periodic Review

Indonesia Submission to the UN Universal Periodic Review Indonesia Submission to the UN Universal Periodic Review First session of the UPR Working Group, 7-8 April 2008 In this submission, Amnesty International provides information under sections B, C and D

More information

WITH THE MERCY OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

WITH THE MERCY OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA, ANNEX I.16 THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 20 YEAR 2001 CONCERNING AMENDMENT OF LAW NUMBER 31 YEAR 1999 CONCERNING ERADICATION OF THE CRIME OF CORRUPTION 1 THE LAW OF THE REPUBLIC OF INDONESIA

More information

Sedition (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Sedition Act 1948.

Sedition (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Sedition Act 1948. Sedition (Amendment) 1 A BILL i n t i t u l e d An Act to amend the Sedition Act 1948. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited as

More information

Offender Management Act 2007

Offender Management Act 2007 Offender Management Act 2007 CHAPTER 21 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 7 50 Offender Management Act 2007 CHAPTER 21 CONTENTS

More information

Problems with Group Decision Making

Problems with Group Decision Making Problems with Group Decision Making There are two ways of evaluating political systems. 1. Consequentialist ethics evaluate actions, policies, or institutions in regard to the outcomes they produce. 2.

More information

Court Suppression and Non-publication Orders Act 2010 No 106

Court Suppression and Non-publication Orders Act 2010 No 106 New South Wales Court Suppression and Non-publication Orders Act 2010 No 106 Contents Part 1 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Inherent jurisdiction and powers of courts

More information

This document is downloaded from DR-NTU, Nanyang Technological University Library, Singapore.

This document is downloaded from DR-NTU, Nanyang Technological University Library, Singapore. This document is downloaded from DR-NTU, Nanyang Technological University Library, Singapore. Title Indonesia's new anti-terrorism regulations Author(s) Sebastian, Leonard C Citation Sebastian, L. C. (2002).

More information

THE NEW PENAL CODE. EUROPEAN UNION REQUIREMENT OR NECESSITY FOR ROMANIA?

THE NEW PENAL CODE. EUROPEAN UNION REQUIREMENT OR NECESSITY FOR ROMANIA? AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro ISSN 1843-570X, E-ISSN 2067-7677 No. 3 (2013), pp. 14-18 THE NEW PENAL CODE. EUROPEAN UNION REQUIREMENT OR NECESSITY

More information

IN THE MATTER OF I.M.M.J. (ILF-West Bank Ramallah 5261/2013) (Attorney Nour Bustami)

IN THE MATTER OF I.M.M.J. (ILF-West Bank Ramallah 5261/2013) (Attorney Nour Bustami) ILF West Bank The International Legal Foundation West Bank CASE NOTES Spring and Summer 2014 *** This edition of the ILF-West Bank Case Notes covers the development of ILF-West Bank s motions practice

More information

THE ESSENCE OF PRIMUM REMEDIUM PRINCIPLE IN THE ENFORCEMENT OF ENVIRONMENTAL CRIMINAL LAW

THE ESSENCE OF PRIMUM REMEDIUM PRINCIPLE IN THE ENFORCEMENT OF ENVIRONMENTAL CRIMINAL LAW THE ESSENCE OF PRIMUM REMEDIUM PRINCIPLE IN THE ENFORCEMENT OF ENVIRONMENTAL CRIMINAL LAW Dr. Rahmida Erliyani, S.H., M.H. Lecturer of Environmental Law in Master Programme, Lambung Mangkurat University,

More information

ELECTION OFFENCES ACT

ELECTION OFFENCES ACT LAWS OF KENYA ELECTION OFFENCES ACT NO. 37 OF 2016 Revised Edition 2017 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2017] No.

More information

- And the Penal Code promulgated by Law No. (16) of 1960, as amended,

- And the Penal Code promulgated by Law No. (16) of 1960, as amended, Law No. 61 of 2015 Concerning the Regulation and installation Surveillance cameras and security - After reviewing the Constitution, - And the Penal Code promulgated by Law No. (16) of 1960, as amended,

More information

FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE

FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE FREEDOM OF SPEECH IN INDONESIAN PRESS: INTERNATIONAL HUMAN RIGHTS PERSPECTIVE Clara Staples Law Schools, Faculty of Laws, Humanities and Arts University of Wollongong Email: cs471@uowmail.edu.au Abstract

More information

Department of Legislative Services

Department of Legislative Services Department of Legislative Services Maryland General Assembly 2000 Session HB 279 FISCAL NOTE House Bill 279 Judiciary (The Speaker, et al.) (Administration) Responsible Gun Safety Act of 2000 This Administration

More information

LAW NO. 30/2000 CONCERNING ON TRADE SECRET BY THE GRACE OF ALMIGHTY GOD, THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

LAW NO. 30/2000 CONCERNING ON TRADE SECRET BY THE GRACE OF ALMIGHTY GOD, THE PRESIDENT OF THE REPUBLIC OF INDONESIA, UNOFFICIAL TRANSLATION LAW NO. 30/2000 CONCERNING ON TRADE SECRET BY THE GRACE OF ALMIGHTY GOD, THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering : a. that in order to promote industries which are

More information

Offences against Property in Chinese Criminal Law and Pakistan Penal Code: A Brief Comparison between Natures of Punishment

Offences against Property in Chinese Criminal Law and Pakistan Penal Code: A Brief Comparison between Natures of Punishment Journal of Law and Criminal Justice June 2016, Vol. 4, No. 1, pp. 107-111 ISSN: 2374-2674(Print), 2374-2682(Online) Copyright The Author(s). 2015. All Rights Reserved. Published by American Research Institute

More information

Morocco. Comments on Proposed Media Law Reforms. June Centre for Law and Democracy democracy.org

Morocco. Comments on Proposed Media Law Reforms. June Centre for Law and Democracy democracy.org Morocco Comments on Proposed Media Law Reforms June 2013 Centre for Law and Democracy info@law- democracy.org +1 902 431-3688 www.law-democracy.org Introduction The right to freedom of expression is a

More information

CRIMINAL DEFAMATION AN AID TO PROTECT ONE S DIGNITY

CRIMINAL DEFAMATION AN AID TO PROTECT ONE S DIGNITY CRIMINAL DEFAMATION AN AID TO PROTECT ONE S DIGNITY Chirag Mangal 1 & Snehil Singhvi 2 INTRODUCTION There is a whole new stir in the country s environment regarding defamation. There is a continuous debate

More information

Criminal Procedure Further Amendment (Evidence) Act 2005 No 25

Criminal Procedure Further Amendment (Evidence) Act 2005 No 25 New South Wales Criminal Procedure Further Amendment (Evidence) Act 2005 No 25 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Criminal Procedure Act 1986 No 209 2 4 Amendment of other Acts

More information

Legal Protection Against Children Being Victims Of Crimes Prosecution Stage In Kudus

Legal Protection Against Children Being Victims Of Crimes Prosecution Stage In Kudus Jurnal Daulat Hukum Volume 1. No. 2 June 2018 ISSN: 2614-560X Legal Protection Against Children Being Victims Of... (Dedy Nurjatmiko) Legal Protection Against Children Being Victims Of Crimes Prosecution

More information

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2016

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2016 1 AS INTRODUCED IN LOK SABHA Bill No. 190 of 2016 THE INDIAN PENAL CODE (AMENDMENT) BILL, 2016 By SHRI BAIJAYANT PANDA, M.P. 5 10 A BILL further to amend the Indian Penal Code, 1860. BE it enacted by Parliament

More information

Subscription 57 (1/ ) 31 December 2005 LAW ON COMPETITION

Subscription 57 (1/ ) 31 December 2005 LAW ON COMPETITION NATIONAL ASSEMBLY No. 27-2004-QH11 SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness LAW ON COMPETITION Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended

More information

Combating Corruption in a Decentralized Indonesia EXECUTIVE SUMMARY

Combating Corruption in a Decentralized Indonesia EXECUTIVE SUMMARY EXECUTIVE SUMMARY Decentralization and corruption in Indonesia. A year after regional autonomy entered into force in 2001, a wave of corruption cases swept across Indonesia s newly empowered regional parliaments.

More information

APPENDIX APPENDIX A CODE OF ETHICS SUMMARY OF LAWS.

APPENDIX APPENDIX A CODE OF ETHICS SUMMARY OF LAWS. APPENDIX A. CODE OF ETHICS SUMMARY OF LAWS. APPENDIX A CODE OF ETHICS SUMMARY OF LAWS. A-1 1. Campaign finance. All candidates for the chief administrative office (mayor), any candidates who spend more

More information

UNOFFICIAL TRANSLATION INDONESIAN COUNTERTERRORISM BILL

UNOFFICIAL TRANSLATION INDONESIAN COUNTERTERRORISM BILL UNOFFICIAL TRANSLATION INDONESIAN COUNTERTERRORISM BILL REVISIONS ON LAW NUMBER 15/2003 ON THE TRANSFORMATION OF THE IMPLEMENTATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 1/2002 ON THE ERADICATION

More information

Criminal Justice Today An Introductory Text for the 21 st Century

Criminal Justice Today An Introductory Text for the 21 st Century Criminal Justice Today An Introductory Text for the 21 st Century CHAPTER 13 Prisons and Jails Early Punishments Early punishments frequently corporal punishment Fit doctrine of lex talionis Flogging Mutilation

More information

Report of the Working Group on the Universal Periodic Review * Islamic Republic of Iran

Report of the Working Group on the Universal Periodic Review * Islamic Republic of Iran United Nations General Assembly Distr.: General 3 June 2010 A/HRC/14/12/Add.1 Original: English Human Rights Council Fourteenth session Agenda item 6 Universal Periodic Review Report of the Working Group

More information

Cover Page. The handle holds various files of this Leiden University dissertation.

Cover Page. The handle   holds various files of this Leiden University dissertation. Cover Page The handle http://hdl.handle.net/1887/30106 holds various files of this Leiden University dissertation. Author: Wiratraman, Herlambang Perdana Title: Press freedom, law and politics in Indonesia

More information

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 99-CF Appeal from the Superior Court of the District of Columbia

DISTRICT OF COLUMBIA COURT OF APPEALS. No. 99-CF Appeal from the Superior Court of the District of Columbia Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections

More information

Christian Aid Ireland s submission on civil society space 31 March 2017

Christian Aid Ireland s submission on civil society space 31 March 2017 Christian Aid Ireland s submission on civil society space 31 March 2017 Christian Aid Ireland recognises the leading role Ireland played during its membership of the UN Human Rights Council 2013-2015 and

More information

California Whistleblower Protection Act Amendments

California Whistleblower Protection Act Amendments California Whistleblower Protection Act Amendments Professor J. Clark Kelso Director, Capital Center for Government Law & Policy University of the Pacific McGeorge School of Law October, 000 Problems With

More information

The Criminal Code of Georgia General Part

The Criminal Code of Georgia General Part The Criminal Code of Georgia General Part Part One Criminal Law Act Chapter I Criminal Legislation of Georgia Article 1. Criminal Law Legislation of Georgia and Its Purpose 1. Criminal Code of Georgia

More information

Economy Profile 2017 Moldova

Economy Profile 2017 Moldova Economy Profile 2017 2 2017 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights

More information

THE CONTRIBUTION OF EDUCATIONAL INSTITUTIONS IN ASSISTING THE YOUTHS TO ENHANCE THEIR ENGLISH IN FACING ASEAN ECONOMIC COMMUNITY

THE CONTRIBUTION OF EDUCATIONAL INSTITUTIONS IN ASSISTING THE YOUTHS TO ENHANCE THEIR ENGLISH IN FACING ASEAN ECONOMIC COMMUNITY THE CONTRIBUTION OF EDUCATIONAL INSTITUTIONS IN ASSISTING THE YOUTHS TO ENHANCE THEIR ENGLISH IN FACING ASEAN ECONOMIC COMMUNITY Franssisca Xaveria Universitas Sanata Dharma franssiscaxaveria@gmail.com

More information

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDICIAL JSMP REPORT DRAFT LAW 29/I/ 3A FREEDOM OF ASSEMBLY AND DEMONSTRATION

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDICIAL JSMP REPORT DRAFT LAW 29/I/ 3A FREEDOM OF ASSEMBLY AND DEMONSTRATION JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDICIAL JSMP REPORT DRAFT LAW 29/I/ 3A FREEDOM OF ASSEMBLY AND DEMONSTRATION Dili, Timor Leste October 2004 The Judicial System

More information

The armed group calling itself Islamic State (IS) has reportedly claimed responsibility. 2

The armed group calling itself Islamic State (IS) has reportedly claimed responsibility. 2 AI Index: ASA 21/ 8472/2018 Mr. Muhammad Syafii Chairperson of the Special Committee on the Revision of the Anti-Terrorism Law of the House of Representatives of the Republic of Indonesia House of People

More information

2. Law no. 5 of 1984 regarding Industry (State Gazette of 1964 no. 22, Supplementary State Gazette no. 3274);

2. Law no. 5 of 1984 regarding Industry (State Gazette of 1964 no. 22, Supplementary State Gazette no. 3274); LAW OF THE REPUBLIC OF INDONESIA NUMBER 31 YEAR 2000 REGARDING INDUSTRIAL DESIGNS WITH THE MERCY OF GOD ALMIGHTY, PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: a. that to advance the industry which

More information