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Halili Halili
State University of Yogyakarta
Humanities Law, Crime, Criminology & Criminal Justice Other

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The Constitutionality of the Electronic Information and Transaction Law: Towards Overcoming SARA Conflict on Social Media Ismail Hasani; Halili Halili
Jurnal Konstitusi Vol 18, No 4 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (556.64 KB) | DOI: 10.31078/jk1846

Abstract

The subsistence of the Electronic Transaction and Information Law control and manage the illicit offenses related to the multiplication of concerns that hold Ethnicity, Religion, Race, and Intergroup (SARA) . Following the idea of law developed by practicality as a way of social regeneration. It is a legal normative investigation utilizing theoretical concurrence and laws. This research is a logical description by using qualitative information examination. The study revealed that content that contains SARA issues is referred to as a hatred statement, which can be construed as an act of communication, carried out by groups or individuals in the form of aggravation and endangered to throw the scandalous actor to prison for utmost six years and a fine of 1.000.000.000 rupiahs. Additionally, the accomplishment of the permissible authority of the Electronic Transaction and Information Law can be classified as non-implementation of the law authenticity establishment as shown from the culture that was not able to go after the rules made by law. It means that this law did not yet have a legal effect. This investigation advocates that society needs to behave by following the officially permitted rules, explained in the Electronic Transaction and Information Law.
Human Rights and Constitutionality Issues of Blasphemy Law in Indonesia Ismail Hasani; Halili Halili
Jurnal Konstitusi Vol 19, No 2 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.384 KB) | DOI: 10.31078/jk1927

Abstract

This article analyzes human rights and constitutionality issues in the Indonesian Blasphemy Law. It contributes urgently to constitutional studies since constitutionalism requires respect for human rights and democracy obliges to uphold the supremacy of the constitution. This article was written as the results of research through the desk-study using descriptive-qualitative approach. Data were collected through document study and Internal Focus Group Discussion. Indonesia's blasphemy laws inherently violate human rights and are prone to politicization which places religious minorities in vulnerability, while the main legal provisions that criminalize blasphemy have been tested for their constitutionality dimensions by the Constitutional Court. However, the constitutionality issue remains, partly because the Constitutional Court affirmed a religious constitution whereas the Republic of Indonesia is a Pancasila based state. In addition, the Constitutional Court ignores human rights, particularly the right to freedom of religion/belief as guaranteed by the constitution.
The Constitutionality of the Electronic Information and Transaction Law: Towards Overcoming SARA Conflict on Social Media Ismail Hasani; Halili Halili
Jurnal Konstitusi Vol. 18 No. 4 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (556.64 KB) | DOI: 10.31078/jk1846

Abstract

The subsistence of the Electronic Transaction and Information Law control and manage the illicit offenses related to the multiplication of concerns that hold Ethnicity, Religion, Race, and Intergroup (SARA) . Following the idea of law developed by practicality as a way of social regeneration. It is a legal normative investigation utilizing theoretical concurrence and laws. This research is a logical description by using qualitative information examination. The study revealed that content that contains SARA issues is referred to as a hatred statement, which can be construed as an act of communication, carried out by groups or individuals in the form of aggravation and endangered to throw the scandalous actor to prison for utmost six years and a fine of 1.000.000.000 rupiahs. Additionally, the accomplishment of the permissible authority of the Electronic Transaction and Information Law can be classified as non-implementation of the law authenticity establishment as shown from the culture that was not able to go after the rules made by law. It means that this law did not yet have a legal effect. This investigation advocates that society needs to behave by following the officially permitted rules, explained in the Electronic Transaction and Information Law.
Human Rights and Constitutionality Issues of Blasphemy Law in Indonesia Ismail Hasani; Halili Halili
Jurnal Konstitusi Vol. 19 No. 2 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1927

Abstract

This article analyzes human rights and constitutionality issues in the Indonesian Blasphemy Law. It contributes urgently to constitutional studies since constitutionalism requires respect for human rights and democracy obliges to uphold the supremacy of the constitution. This article was written as the results of research through the desk-study using descriptive-qualitative approach. Data were collected through document study and Internal Focus Group Discussion. Indonesia's blasphemy laws inherently violate human rights and are prone to politicization which places religious minorities in vulnerability, while the main legal provisions that criminalize blasphemy have been tested for their constitutionality dimensions by the Constitutional Court. However, the constitutionality issue remains, partly because the Constitutional Court affirmed a religious constitution whereas the Republic of Indonesia is a Pancasila based state. In addition, the Constitutional Court ignores human rights, particularly the right to freedom of religion/belief as guaranteed by the constitution.
Co-Authors Ismail Hasani