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Perkembangan Hukum Positif Indonesia Dalam Mempengaruhi Kebebasan Berpendapat Masyarakat Cindy Permata; Davina Asya Shafira; Fadiah Tarisa Sabrina; Meira Lalia Ayuningtyas; Rebecca Purba; Sandra Amelia; Mulyadi M
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 5 (2023): Juni
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Indonesia, as a democratic country, guarantees its citizens the privilege of free expression. Allowing freedom of expression does not imply complete freedom, because Indonesia, as a democratic country, has rules in place to ensure peace and the well-being of its citizens. Freedom of expression in social life is expected to have an impact on the country's development and progress by attaching to various existing regulations and taking responsibility for their actions. The research method used is normative juridical, which focuses on studying the formulation of the problem by collecting legal data in the form of laws and research journals that regulate Indonesia's right to free expression. The conclusions show that positive law in Indonesia has evolved in accordance with social transformation, such as the passage of the 1945 Constitution of the Republic of Indonesia Article 28E paragraph (2) and Article 1 paragraph (1) of Law No. 9 of 1998, Law No. 40 of 1999 concerning the Press, and UU no. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, which regulate legal protection for the public.
Problematika Penegakkan HAM Ditinjau Dalam Segi Aspek Kemasyarakatan Pedrico Yoel Batoean Sihite; Ananda Rafli Haritsah; Muhammad Auza Syam; Muhammad Prima Adiguna; Yudea Maruli Seraf; Fajar Muhammad; Mulyadi M
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 5 (2023): Juni
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

There is a lot of misunderstanding that every human right is considered a human right by both law enforcers and society who cannot distinguish between what is called a human right and what is not called a human right. Of the many cases of human rights violations that have occurred in Indonesia, from cases of human rights violations committed by the community against the community to law enforcement officials who have committed human rights violations or even implemented a law enforcement system that violates human rights. Human rights enforcement in Indonesia is still not implemented, due to the rampant acts of human rights violations. The lack of enforcement of human rights is marked by the uneven distribution of existing legal services, especially in remote areas. Human rights enforcement in Indonesia is also limited by policies and laws such as the ITE Law and the Terrorism Law which limit people's ability to express opinions and form associations. The formation of the new draft Criminal Code has a role in minimizing human rights violations, namely the human rights of defendants who are subject to death sentences because in the new draft Criminal Code, the death penalty does not mean that the accused is executed immediately after the verdict, but looks at the next 10 years if the defendant is seen to have a change for the better, so the death penalty defendant is reduced to life imprisonment. This certainly prioritizes human rights above all else, especially the right to the life of the defendant.