Muhammad Rustamaji
Universitas Sebelas Maret Surakarta

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THE CRIME OF HATE SPEECH THROUGH THE INTERNET (REVIEW OF ARTICLE 28 SECTION (2) OF THE INFORMATION AND ELECTRONIC TRANSACTION LAW) Nabila Yulianda Inkeputri; Muhammad Rustamaji
Media Keadilan: Jurnal Ilmu Hukum Vol 12, No 2 (2021): OKTOBER
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jmk.v12i2.6370

Abstract

The problems contained in scientific papers are about what are the indicators or limits of hate speech in the ITE Law and how to apply or implement Article 28 of the ITE law on hate speech. This study uses a juridical-normative approach. From this research, it is found that Article 28 of the ITE Law does not explain in detail the indicators of hate speech itself. If grouped, the scope of crime (Hate Speech) is classified as a crime against honor. The next indicator that is included in hate speech is regarding understanding related to hatred and the last one is about elements between groups. In addition to its implementation which opens up space for multiple interpretations and subjectivity, the criminal threats contained in this article which are regulated in Article 45A paragraph (2) of this ITE Law also have problems regarding the application of criminal sanctions in this article are considered to be over the line and not in accordance with the characteristics of the law . this law as an administrative law.
Mewaspadai jebakan reifikasi dalam wajah industrialisasi niretika lingkungan dan kebakaran hutan Bambang Santoso; Muhammad Rustamaji
PROGRESIF: Jurnal Hukum Vol 13 No 2 (2019): PROGRESIF:Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (257.941 KB) | DOI: 10.33019/progresif.v13i2.1439

Abstract

Human being and living quality of their global community very depends on environmental condition. Then, various policies, regulation managements, law enforcement and technical supervision are conducted in attempts of biological environment conservation. However, a single market of such the global industrialization style gives a complex homework in ecological sector. On the Markplus Conference 2015, Hermawan Kartajaya reminded that the global industrialization, like the single market initiated by the AEC is potentially more dangerous than the AFTA (ASEAN Free Trade Area) and CAFTA (China-ASEAN Free Trade Agreement). He stated that if AFTA and CAFTA are concerned only with flow of goods, but MEA covers free flow of goods, people, services and money (capital and investment). Purpose of the writing is actually to show challenges that should be addressed when MEA establishes a single ASEAN market, especially be related to forest fire’s phenomenon. Results of the study showed that forest fire and the single ASEAN market has, consciously or not, created a new myth called rationality of commodity efficiency. Horkheimer and Adorno in their ' enlightenment dialectic' explained that efficiency, in economic, is a principle of market surpassing all kinds of feudal and religious restrictions. Thus, rationality is equated with efficiency. When efficiency is applied in dynamics of capitalist economy, then the entire field of human life is considered a commodity. Consequently, reification is in effect, namely when everything is a commodity so people is no longer enjoying but consuming and consuming without building any social relationships in a real sense. At such nadir, ecological damage is inevitable or it is even considered a reasonable price worth paying. The Law which is essentially an ethical conversation of human beings to produce justice is easily forgotten because of greed. However, all such excesses of reification can be avoided when the law is still pursued progressively, so the law must arrive at radicalism in order to demolish assumptions of law. Thus, it can be concluded that forest should not only be explored for its resources solely according to the reification trap of global industrialization market, but it must be preserved for future human posterity because of considering the deep ecology.