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All Journal Ethnography: Journal of Design, Social Sciences and Humanistic Studies Punggawa Law Review
Andi Nurulizzah Putri
Universitas Hasanuddin
Religion Arts Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Putusan Mahkamah Konstitusi Nomor 50/PUU-VI/2008 Terhadap Kebebasan Berekspresi di Sulawesi Selatan Cheryn Ceria Desta A; Andi Nurulizzah Putri; Rerindita Sekar Seruni; Ahmad Reyhand Adriansyah Dwi Putra; Andi Batari Syiffa B. Asapa
ETHNOGRAPHY: Journal of Design, Social Sciences and Humanistic Studies Vol. 3 No. 1 (2026): ETHNOGRAPHY: Journal of Design, Social Sciences and Humanistic Studies (In-Pres
Publisher : Lembaga Intelektual Muda Maluku

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54373/ethno.v3i1.215

Abstract

This research aims to analyze the implications of Constitutional Court Decision No. 50/PUU-VI/2008 on freedom of expression, particularly in its implementation in South Sulawesi. The research method used is normative legal research with statutory, case, and conceptual approaches to the Constitutional Court decision, relevant legislation, and law enforcement practices in the region. The findings show that the Constitutional Court decision has provided important normative clarification regarding the limits of freedom of expression within a democratic rule of law state. However, its implementation in South Sulawesi remains suboptimal, as indicated by approximately 37 alleged cases of restrictions on freedom of expression during the 2020–2024 period, with 62 percent of these cases processed under the Electronic Information and Transactions Law and defamation provisions. This condition reflects a gap between constitutional norms and law enforcement practices in the field. This study concludes that although Constitutional Court Decision No. 50/PUU-VI/2008 has strong normative authority in guaranteeing freedom of expression, its implementation effectiveness still faces challenges at the regional level. Strengthening legal understanding among law enforcement officials and harmonizing legal interpretation are necessary to ensure consistent protection of constitutional rights.
The Ship Master's Legal Responsibility for Navigational Safety under Law Number 17 of 2008 on Shipping Andi Nurulizzah Putri; Rerindita Sekar Seruni; Zul Fadly Ikram Basri
Punggawa Law Review Vol. 1 No. 4 (2026): Punggawa Law Review: September - October
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/plr.v1i4.150

Abstract

Maritime transport is central to Indonesia's logistics system, but shipboard operations expose passengers, crews, cargo, and the marine environment to substantial safety risks. This article examines the ship master's legal responsibility for navigational safety under Law Number 17 of 2008 on Shipping, as amended, and identifies the forms of liability that may arise when safety duties are breached. It applies normative legal research using statutory and conceptual approaches. Primary legal materials include the Shipping Law, the Indonesian Civil Code, and relevant international maritime instruments, particularly SOLAS and STCW, while secondary materials comprise maritime-law scholarship and earlier studies. The analysis finds that the ship master's authority is inseparable from a personal duty to verify seaworthiness, adequate crewing, navigational and communication equipment, safety appliances, cargo conditions, weather information, and operational readiness before departure and throughout the voyage. A breach may generate administrative sanctions, civil liability, or criminal responsibility, depending on the violated norm, the existence of fault, causation, and the resulting harm. These regimes may operate concurrently, although personal liability must be distinguished from the responsibilities of the shipowner or shipping company. Effective enforcement therefore requires a fact-sensitive attribution of fault rather than an automatic assignment of every maritime casualty to the ship master
Co-Authors Ahmad Reyhand Adriansyah Dwi Putra Andi Batari Syiffa B. Asapa Cheryn Ceria Desta A Rerindita Sekar Seruni Zul Fadly Ikram Basri