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All Journal KRTHA BHAYANGKARA The Indonesian Journal of International Clinical Legal Education Indonesian State Law Review (ISLRev)
Joshua Evandeo Irawan
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Law, Crime, Criminology & Criminal Justice

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Tinjauan Yuridis Tentang Kepastian Hukum Kewenangan Perusahaan Dalam Penggeledahan Ponsel Pribadi Karyawan Joshua Evandeo Irawan
KRTHA BHAYANGKARA Vol. 17 No. 1 (2023): KRTHA BHAYANGKARA: APRIL 2023
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v17i1.823

Abstract

The use of sophisticated smartphones in the world of work often causes problems such as those that occur in PT. X, where a worker, Mrs. A, in early 2022, was forced to give her smartphone to be searched on orders from the Director of PT. X, named Mrs. B. The search warrant came as the alleged hate speech expressed by Mrs. A about Mrs. B to fellow workers via Whatsapp text message. The writing of this article aims to answer the big question of whether companies are authorized to check their employees' mobile phones in terms of the positive law in Indonesia, namely the ITE Law. The writing of this article uses the dogmatic normative juridical method by approaching it through statutes approach and conceptual approach. The final result of this article is that Mrs. A's smartphone is the personal property of Mrs. A where all data in the cellphone is private property protected by Article 26 paragraph (1) of the ITE Law jo Article 30 paragraph (1) of the ITE Law while Mrs. B as the Director of PT. X can conduct a search because Mrs. B is not classified as an investigator as explained in Article 43 of the ITE Law
PERLINDUNGAN HUKUM TERHADAP ANAK YANG BEKERJA DALAM USAHA KULINER MENURUT UNDANG – UNDANG KETENAGAKERJAAN JUNCTO UNDANG – UNDANG PERLINDUNGAN ANAK Joshua Evandeo Irawan; Sari Mandiana; Agustin Widjiastuti; Astrid Athina Indradewi; Andrian Nathaniel
Indonesian State Law Review Vol. 4 No. 1 (2021): Indonesian State Law Review, 2021
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v4i1.23071

Abstract

This research paper discusses the Child labor protection law, specifically in culinary business. The Author raises a phenomenon regarding a Child with initials JS who built Tang Kitchen culinary business along with his brother in Surabaya. Research method used is a Normative Juridical method, that processes legal material collected through literature review. This study aims to discover applicable law (legal protection) towards Children working in culinary business, particularly based on Act No. 13 year 2003 concerning Employment, Art No. 23 year 2002 concerning Children Protection and Art No. 35 year 2014 regarding Amendment of Art No. 23 year 2002 concerning Children Protection (Art No. 35 year 2014). The research result shows that JS and his Brother who are still classified as Children, have received a protection from Indonesian applicable law protection based on Article 69 and 71 of Act No. 13 year 2003 regarding Employment. Moreover, JS’ job in Tang Kitchen culinary is not considered as a job that endangers Children as regulated under KEPMENAKERTRANS 235/2003, and has complied with JS’ talents and interests as regulated under KEPMENAKERTRANS 115/2004.
A Legal Review of Roasting Actions by Comedians from the Perspective of Positive Law on Reputation Protection in Indonesia Joshua Evandeo Irawan; Annabella Marcella Geraldine Kandou; Andrew Johnathan Setia; Sari Mandiana
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 3 (2025): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i3.35846

Abstract

This study examines the legal implications of roasting in stand-up comedy from the perspective of Indonesian positive law, particularly in relation to the protection of reputation, dignity, and honor. Roasting, as a comedic technique involving satirical criticism often directed at public figures, raises legal concerns when it potentially infringes upon the personal rights of those being criticized. This research employs a normative-dogmatic legal method using legislative and conceptual approaches to analyze the applicable legal framework, including the Criminal Code (KUHP), the Law on Information and Electronic Transactions (UU ITE), and the Personal Data Protection Law (UU PDP). The analysis is grounded in legal protection theory and the principle of legal utility, emphasizing that while freedom of expression constitutes a fundamental human right, it must be balanced against the rights to privacy and reputation. The findings indicate that defamation under Indonesian law constitutes a complaint-based offense, whereby legal proceedings may only be initiated upon a report by the injured party. Consequently, roasting conducted with the explicit consent of the subject, supported by a prior agreement regarding content and delivery, does not constitute an element of a criminal offense. This study proposes the use of written contracts between comedians and their subjects as a preventive legal mechanism to ensure legal certainty and minimize potential disputes. Ultimately, the study concludes that roasting, when appropriately regulated and based on mutual consent, can coexist with legal norms safeguarding individual dignity, thereby harmonizing freedom of expression with the right to reputation.
Co-Authors Agustin Widjiastuti Andrew Johnathan Setia Andrian Nathaniel Annabella Marcella Geraldine Kandou Astrid Athina Indradewi Sari Mandiana