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All Journal Journal of Law, Poliitic and Humanities Journal of Global Legal Review
Harniwati Harniwati
Universitas Dharma Andalas
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hukum Adat di Era Modernisasi Harniwati Harniwati
Journal of Global Legal Review Vol. 2 No. 1 (2024): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v2i1.328

Abstract

The customary law is recognized as a form of law in the life and culture of Indonesian society, regulated in the 1945 Constitution. Customary law is the values ​​that develop in society regarding truth and justice. In terms of legal substance, the 1945 Constitution expressly provides a place and basis for the application of legal norms and legal institutions originating from laws that live and apply in society (living live) where customary law is made part of national law. The confirmation of the Constitution is related to the inclusion of two new articles in the second amendment to the 1945 Constitution, namely article 18 B Paragraph (2) which explains that the state recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with development of society and the principles of the Unitary State of the Republic of Indonesia as regulated in law. Second, Article 28 I Paragraph (3) which contains an explanation regarding the recognition of customary law which states that the cultural identity and rights of traditional communities are respected in line with developments over time and civilization. From the formulation of these two articles, it can be concluded that every Indonesian citizen who lives under state regulations, both citizens and government officials, without exception, is required to uphold the laws that apply in the life and culture of Indonesian society, including criminal law, civil or customary law.
Sanctions Against Perpetrators of Defamation In Law Number 1 of 2023 Concerning Criminal Law Regulations Rahmides Utami; Irsyad Shabri; Harniwati Harniwati; Gustavianof Gustavianof
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3288

Abstract

This study aims to determine the sanctions for perpetrators of criminal defamation in Law Number 1 of 2023 concerning Criminal Law Regulations. The Criminal Code (KUHP) regulates the protection of a person's honor and good name through provisions regarding the crime of defamation. These provisions aim to prevent and prosecute acts that attack an individual's reputation or dignity in society. Through existing criminal provisions, the KUHP provides legal guarantees for everyone to ensure that their honor and good name are protected. The research specification is descriptive analytical, with a normative juridical approach method, namely a legal research method that analyzes the principles, rules, and norms of laws and regulations, agreements, and legal doctrine. The type of data used is secondary data. The results of the study indicate that the crime of defamation is an act that attacks a person's honor or reputation by accusing something that can be known to the wider community, thus causing moral and social harm to the victim. In the Indonesian criminal law system, defamation was previously regulated in Articles 310-321 of the old Criminal Code and was later updated in the new Criminal Code through Law Number 1 of 2023. In the new Criminal Code, these provisions are regulated, among others, in Article 433 and other related articles, covering various forms of insult, slander, false accusations, and false accusations, which carry the threat of criminal sanctions in the form of imprisonment or fines. This regulation demonstrates that Indonesian criminal law continues to protect the honor and good name of individuals as part of personal rights that must be upheld in social life.
Co-Authors Gustavianof Gustavianof Irsyad Shabri Rahmides Utami