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All Journal Jurnal Konstitusi Humaniora Jurnal Yudisial Kosmik Hukum Indonesian Comparative Law Review Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Konstitusi Jurnal Hukum dan Pembangunan
Vidya Prahassacitta
Bina Nusantara University
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Humaniora

 1 
The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy? Prahassacitta, Vidya
Humaniora Vol 7, No 4 (2016): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v7i4.3604

Abstract

The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.
Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi Prahassacitta, Vidya
Humaniora Vol 5, No 1 (2014): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v5i1.3013

Abstract

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 
Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law Prahassacitta, Vidya
Humaniora Vol 8, No 1 (2017): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v8i1.3695

Abstract

Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists? information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia?s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist?s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist? contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.
Penghakiman oleh Pers Nasional: Suatu Kritik atas Kebebasan Pers dalam Pemberitaan Perkara Tindak Pidana Korupsi Vidya Prahassacitta
Humaniora Vol. 5 No. 1 (2014): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v5i1.3013

Abstract

The 1998 reform in Indonesia has changed freedom press in Indonesia. Now press implements libertarian model which puts freedom first instead of responsibility. Previously, press implemented soviet communist model which put responsibility first instead of freedom. Fifteen years later, press in Indonesia has become political tool by the owner of the press company who has high position in political party participating in the 2014 election. This reflects on the disproportional news regarding corruption cases conducted by the government officer or parliament member from the contender party. Such news delivers not only facts but also misleading opinions to the society which creates trial by the press. In fact, presumption of innocent principle is a foundation for press reporting news as stipulated in Law No. 40 Year 1999 concerning Press and Journalistic Code of Conduct. In libertarian press there are always borders but such borders are not effective since the freedom of press in Indonesia is powerful. Article used qualitative and library research with secondary sources of law to gain a solution to this problem. Therefore, Press Board should maximize its function in supervising the implementation of presumption of innocent principle and to raise society awareness regarding the law supremacy. In the end, to fulfill press social responsibility, a press profession court shall be established to keep press independency. 
The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy? Vidya Prahassacitta
Humaniora Vol. 7 No. 4 (2016): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v7i4.3604

Abstract

The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.
Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law Vidya Prahassacitta
Humaniora Vol. 8 No. 1 (2017): Humaniora
Publisher : Bina Nusantara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21512/humaniora.v8i1.3695

Abstract

Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.
Co-Authors Batara Mulia Hasibuan