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Criminal Liability for Defamatory Press Reports Based on the Principles of Justice and Legal Certaint Sagita Purnomo; Abdul Rahman Maulana Siregar; Ismaidar Ismaidar
JURNAL HUKUM SEHASEN Vol 12 No 2 (2026): Oktober
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.12710

Abstract

This study aims to provide an in-depth analysis of disparities in the enforcement of the law regarding press reporting and the factors underlying them, as well as to conduct a comprehensive examination of the press’s liability for defamatory reporting based on the principles of justice and legal certainty. The research employs a normative legal methodology with a descriptive-analytical approach, examining existing legal phenomena and issues and testing them against applicable legislation and legal norms. The results of this study indicate that disparities in the enforcement of the law regarding press reporting are influenced by the tension between press freedom and the protection of honour, a lack of understanding amongst the public and law enforcement officials regarding press norms, and the existence of socio-political intervention. The press’s accountability, which is based on justice and legal certainty, for defamatory reporting is divided into administrative, civil and criminal liability, with the latter serving as the ultimum remedium. Any criminal legal proceedings against the press must first be pursued through the right of reply mechanism and mediation by the Press Council, in accordance with Constitutional Court (MK) Ruling No. 145/PUU-XXIII/2025.
Criminal Liability of Perpetrators of Money Laundering in Narcotics Cases under the Framework of the United Nations Convention against Corruption (UNCAC) and Law Number 8 of 2010 Teguh Hidayat; Ismaidar Ismaidar; Suci Ramadani
Formosa Journal of Science and Technology Vol. 4 No. 5 (2025): May 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjst.v4i5.83

Abstract

A jurisprudential comparison of the United Nations Convention Against Corruption (UNCAC) and Indonesia's Money Laundering Act, particularly concerning narcotics predicate offenses, shows significant congruence in proscribing concealment and assigning criminal responsibility to individuals and entities. Nevertheless, potential disparities in predicate offense definitions and challenges in international legal assistance and asset repatriation necessitate further harmonisation. Recommendations to enhance Indonesia's framework involve reviewing Indonesia's Money Laundering Act for full UNCAC compatibility, improving mutual legal assistance and extradition, exploring non-conviction based asset forfeiture, assessing penal sanctions, building enforcement capacity, and increasing public and financial sector awareness to effectively suppress money laundering activities.