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Pornography and Sexual Crimes towards Children in Indonesia: A Judicial Approach Sulistyo, Faizin; Manap, Nazura Abdul
Brawijaya Law Journal Vol 5, No 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Pornography and sexual crimes against children are two forms of crime in Indonesia. Both of these crimes in various cases have a linkage with each other, whether one of which is a crime or pornography becomes a criminogenic factor for the onset of sexual crimes against children. The review in this article attempts to look at the approach used by judges in deciding cases of sexual crimes against children that correlate with pornographic crimes. This research employs normative juridical research using legislation and case approach.The results of the review found that, in sum, there are two model of approach used by the Court in deciding criminal cases, especially pornography related to sexual crimes, which include the approach in understanding and assesing cases; and theories of punishment approach. While the rfirst model of approach emphasizes on the understanding the impact of the action, the secodn model look more at the retaliation, prevention, combination and contemporary approach. It is further argued that those two models are not necessarily used separately. The combination of the two models can also be employed, such as in the case of Tanjung Pati District Court's Ruling no. 58 /Pid.B/ 2011 /PN.Tjp. In fact, in the case, the judges combine several approaches in deciding cases and punishing defendants. It is submitted that the objective of a judge is crucial since the objectivity resulted in a fairer verdict for the victim, the community or the perpetrator himself.

ALIGNMENT OF MALAYSIA AND ASEAN AGREEMENTS ON ICT LAWS: A REVIEW Manap, Nazura Abdul
Brawijaya Law Journal Vol 2, No 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

The mega Multimedia Super Corridor (MSC) project launched in 1996 is a strong endorsement of the Malaysian governmentâ€™s commitment towards developing the ICT industry in Malaysia. To attract world-class technology companies and prepare the local ICT industry, the government has offered MSC Malaysia Status to companies developing or using multimedia technologies in producing and enhancing their products and services and locating in any of the 26 Cybercities and Cyber centres in Malaysia. MSC status confers incentives, rights and privileges under the MSC Malaysia Bill of Guarantees. This ICT initiative also underlies Malaysiaâ€™s commitment to lead the region in protecting intellectual property and adherence to cyber laws. As a member of E-ASEAN this assurance aligns with the e-ASEAN initiative â€œâ€¦to adopt electronic commerce regulatory and legislative frameworks that create trust and confidence for consumers and facilitate the transformation of businesses towards the development of e-ASEANâ€. This paper identifies and analyses the extent of the Malaysian governmentâ€™s compliance with e-ASEAN principles particularly in the legal and regulatory aspects.

Pornography and Sexual Crimes towards Children in Indonesia: A Judicial Approach Sulistyo, Faizin; Manap, Nazura Abdul
Brawijaya Law Journal Vol. 5 No. 2 (2018): The Role of State in Contemporary Legal Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2018.005.02.09

Pornography and sexual crimes against children are two forms of crime in Indonesia. Both of these crimes in various cases have a linkage with each other, whether one of which is a crime or pornography becomes a criminogenic factor for the onset of sexual crimes against children. The review in this article attempts to look at the approach used by judges in deciding cases of sexual crimes against children that correlate with pornographic crimes. This research employs normative juridical research using legislation and case approach.The results of the review found that, in sum, there are two model of approach used by the Court in deciding criminal cases, especially pornography related to sexual crimes, which include the approach in understanding and assesing cases; and theories of punishment approach. While the rfirst model of approach emphasizes on the understanding the impact of the action, the secodn model look more at the retaliation, prevention, combination and contemporary approach. It is further argued that those two models are not necessarily used separately. The combination of the two models can also be employed, such as in the case of Tanjung Pati District Court's Ruling no. 58 /Pid.B/ 2011 /PN.Tjp. In fact, in the case, the judges combine several approaches in deciding cases and punishing defendants. It is submitted that the objective of a judge is crucial since the objectivity resulted in a fairer verdict for the victim, the community or the perpetrator himself.

Legal Framework for Authenticity of Blockchain Electronic Evidence in China: Under a Comparative Law Perspective Chen, Siqi; Rajamanickam, Ramalinggam; Manap, Nazura Abdul
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5638

This article analyses the attitudes of various courts towards blockchain electronic evidence and the inconsistent conclusions on its authenticity in China’s judicial practice. The purpose of this article is to explore the rules for determining the authenticity of blockchain electronic evidence that are suitable for China’s reality. This article adopts a qualitative approach to analyse the rules for determining the authenticity of blockchain electronic evidence in China, and identifies the problems faced when reviewing the authenticity of blockchain electronic evidence in Chinese judicial practice. Finally, by comparing and learning from the U.S. rules for determining the authenticity of blockchain electronic evidence, this article puts forward proposals for establishing the best evidence rule and the hearsay rule for blockchain electronic evidence, refining the rules for judicial presumptions as well as explicitly reviewing the authenticity of the electronic evidence prior to uploading it to the blockchain.

ALIGNMENT OF MALAYSIA AND ASEAN AGREEMENTS ON ICT LAWS: A REVIEW Manap, Nazura Abdul
Brawijaya Law Journal Vol. 2 No. 1 (S) (2015): Contemporary Issues in South-East Asia Countries
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2015.002.01.01

The mega Multimedia Super Corridor (MSC) project launched in 1996 is a strong endorsement of the Malaysian government's commitment towards developing the ICT industry in Malaysia. To attract world-class technology companies and prepare the local ICT industry, the government has offered MSC Malaysia Status to companies developing or using multimedia technologies in producing and enhancing their products and services and locating in any of the 26 Cybercities and Cyber centres in Malaysia. MSC status confers incentives, rights and privileges under the MSC Malaysia Bill of Guarantees. This ICT initiative also underlies Malaysia's commitment to lead the region in protecting intellectual property and adherence to cyber laws. As a member of E-ASEAN this assurance aligns with the e-ASEAN initiative to adopt electronic commerce regulatory and legislative frameworks that create trust and confidence for consumers and facilitate the transformation of businesses towards the development of e-ASEAN. This paper identifies and analyses the extent of the Malaysian government's compliance with e-ASEAN principles particularly in the legal and regulatory aspects.

Legal Framework for Authenticity of Blockchain Electronic Evidence in China: Under a Comparative Law Perspective Chen, Siqi; Rajamanickam, Ramalinggam; Manap, Nazura Abdul
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5638

This article analyses the attitudes of various courts towards blockchain electronic evidence and the inconsistent conclusions on its authenticity in China’s judicial practice. The purpose of this article is to explore the rules for determining the authenticity of blockchain electronic evidence that are suitable for China’s reality. This article adopts a qualitative approach to analyse the rules for determining the authenticity of blockchain electronic evidence in China, and identifies the problems faced when reviewing the authenticity of blockchain electronic evidence in Chinese judicial practice. Finally, by comparing and learning from the U.S. rules for determining the authenticity of blockchain electronic evidence, this article puts forward proposals for establishing the best evidence rule and the hearsay rule for blockchain electronic evidence, refining the rules for judicial presumptions as well as explicitly reviewing the authenticity of the electronic evidence prior to uploading it to the blockchain.

Legitimacy of Smart Contracts from the Perspective of Islamic Law: A Case Study of Blockchain Transactions Atiyah, Ghassan Adhab; Manap, Nazura Abdul; Ibrahim, Ahmed Ismael; Rahman, Abdur
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8726

Blockchain smart contracts is a digital program based on the blockchain design that accommodates certain data stored in their internal logic. The decentralized nature of this technology prevents unauthorized access. This technology require the use of cryptocurrencies to be effectively utilized as a medium of exchange. While cryptocurrencies have received wide recognition as an improvement to modern business transactions. However, in the Muslim communities, Muslim scholars have divergent views on the permissibility and prohibition of cryptocurrencies on certain grounds. Islamic law is characterized by outstanding flexibility that enables it to keep pace with the development of time and place, and gives it the validity to interact to address emerging issues that stand in people's way. This study aims to examine blockhain smart contracts, how they work, the religious ruling surrounding its permissibility. As well as the consensus of Muslim Scholars on its usage by Muslim communities. The study adopts qualitative doctrinal, library based or normative judicial research to analyze blockchain smart contracts and their suitability and compatibility with Islamic law. By examining the law from the perspective of social reality, the researchers qualitatively analyzed the concept of Smart contracts within the boundaries of law and its application under Islamic law. Delving into deductive reasoning and conclusions based on consensus of scholars. This study found that blockchain smart contracts falls within the permissibility principle, The Maliki school sale on credit and negotiations under the ijtihadi perspective. This research suggests the need for further study to shed light on this new type of contract to support its acceptability among Muslim communities.

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