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Journal : INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES

Criminal Politics (Enforcement) of Criminal Law Based on Pancasila Equity Rasdi, Rasdi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28107

Abstract

Indonesian state based on Pancasila, any rule of law (criminal) and their enforcement should always contains/is inspired by the values of Pancasila. The policy of enforcing criminal law means upholding justice, and the justice for the Indonesian people is equity based on Pancasila. The direction and policies for the development of national law (criminal law) in realizing the ideals of legal development based on justice should always be based on religious values, customs and socio-cultural values of Indonesian society which crystallized in the Pancasila philosophy. Therefore, the essence of criminal law policy is that efforts to achieve social welfare should always be inspired by and based on the basic values of the Pancasila philosophy as Grundnorm / Staatsfundamentalnorm (fundamental norms of the state) of the Indonesian nation. Pancasila is the values, principles, soul and spirit of the Indonesian people. Pancasila is the basic norm (grundnorm), and at the same time the basic values (grundwerten), which are the spirit of Indonesian law. Law is always rooted in "a peculiar form of social life", therefore a legal system is a uniqueness, an institution rooted in the cosmology, values and traditions of the nation concerned.
Safe Harbor Principle, Exclusion of Criminal Liability for Platform Service Providers Wijayanto, Indung; Wulandari, Cahya; Rasdi, Rasdi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 8, No 2 (2023): Indonesia J. Crim. L. Studies (November, 2023)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v8i2.48040

Abstract

In the era of Society 5.0, characterized by the pervasive digitalization of societal functions, platform service providers play a pivotal role. These platforms, however, are frequently exploited by users for unlawful activities. This study investigates the prerequisites for invoking the safe harbor principle, which shields service providers from criminal liability. Employing a qualitative research approach, secondary data was gathered through a comprehensive literature review and subsequently analyzed qualitatively. The safe harbor principle serves as a critical legal mechanism utilized by platform service providers to shield themselves from legal repercussions arising from illicit actions committed by their users. To qualify for this exemption, providers typically must promptly remove unlawful content upon notification and refrain from active involvement in the transmission of such information. However, recent developments indicate that providers may forfeit safe harbor protection if they play a significant role in moderating or curating content on their platforms.  This research underscores the essential conditions that platform service providers must meet to avail themselves of the safe harbor principle, highlighting the nuanced balance between facilitating digital innovation and upholding legal accountability. By clarifying these conditions amidst evolving regulatory landscapes, this study contributes to ongoing discussions on legal frameworks governing digital platforms, offering insights crucial for policymakers, legal practitioners, and stakeholders navigating the intersection of technology, law, and societal governance.
Criminal Politics (Enforcement) of Criminal Law Based on Pancasila Equity Rasdi, Rasdi
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 5, No 2 (2020): Indonesian J. Crim. L. Stud. (November, 2020)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v5i2.28107

Abstract

Indonesian state based on Pancasila, any rule of law (criminal) and their enforcement should always contains/is inspired by the values of Pancasila. The policy of enforcing criminal law means upholding justice, and the justice for the Indonesian people is equity based on Pancasila. The direction and policies for the development of national law (criminal law) in realizing the ideals of legal development based on justice should always be based on religious values, customs and socio-cultural values of Indonesian society which crystallized in the Pancasila philosophy. Therefore, the essence of criminal law policy is that efforts to achieve social welfare should always be inspired by and based on the basic values of the Pancasila philosophy as Grundnorm / Staatsfundamentalnorm (fundamental norms of the state) of the Indonesian nation. Pancasila is the values, principles, soul and spirit of the Indonesian people. Pancasila is the basic norm (grundnorm), and at the same time the basic values (grundwerten), which are the spirit of Indonesian law. Law is always rooted in "a peculiar form of social life", therefore a legal system is a uniqueness, an institution rooted in the cosmology, values and traditions of the nation concerned.