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All Journal Jurnal Hukum dan Peradilan Jurnal Mengkaji Indonesia
Kokpan, Bariyima Sylvester
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation Kongres, Evi; Kokpan, Bariyima Sylvester
Jurnal Hukum dan Peradilan Vol 13 No 2 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.2.2024.393-420

Abstract

Despite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court's ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation.
Assessing Constitutional Frameworks for Closed Proportional Representation in House of Representatives Elections Simatupang, Vemansyah; Kokpan, Bariyima Sylvester
Jurnal Mengkaji Indonesia Vol. 2 No. 2 (2023): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i2.475

Abstract

Abstract: The electoral system in Indonesia has implemented two politically different systems, one of which is the proportional system. This proportional system is also divided into proportional with an open list and proportional with a closed list. The basic idea of ​​a proportional system is that the composition of seats obtained by a political party in an electoral area will be in balance with the proportion of votes received by the political party concerned in the election. Even in this system, only a few votes are wasted. According to the provisions of Article 168 paragraph (2) of Law No. 7/2017, the electoral system for DPR members is open proportional with a majority vote. This system has a good level of representation because the people are free to determine their representatives who will sit in Parliament directly and can continue to supervise those they choose. Purpose: This research aims to analyze the application of a closed proportional system in the DPR election from the perspective of the 1945 Constitution of the Republic of Indonesia; arrangements regarding the principles of elections in the constitution are regulated in Article 22E of the 1945 Constitution of the Republic of Indonesia. Design/Methodology/Approach: The type of research used in this research is normative legal research, using statute and conceptual approaches. Findings: The results of this research indicate that the application of a closed proportional system is not following the Constitution of the Republic of Indonesia because it will close space for the people to make their own choices directly because in a closed proportional system the determination of who are the candidates for members of the DPR  who will sit in parliament is absolute political party wishes. Originality/Value: Debates about the constitutionality of open proportional and closed proportional systems always fill public spaces, especially before the election. Due to this issue, a fundamental question arises about whether the closed proportional system in the election of DPR members follows the Constitution of the Republic of Indonesia. This issue is the reason for research regarding the general election system for DPR members following the Constitution of the Republic of Indonesia.
Co-Authors Erny Herlin Setyorini, Erny Herlin Evi Kongres Fajar Sugianto Simatupang, Vemansyah Zhang, Sheng