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All Journal Journal of Research in Social Science and Humanities Journal of Innovative and Creativity
Hammamtio, Hammamtio
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Politik Hukum dalam Pengaturan Pencemaran Nama Baik di Era Digital: Analisis Putusan MK No. 105/PUU-XXII/2024 Hasanah, Nur Rizkiah; Hammamtio, Hammamtio; Mega, Irena Puspa
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

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Abstract

Chapter in the Electronic Information and Transactions Law, particularly chapter 27A conjunction Chapter 45 paragraph (4) have been highlighted because they are considered open to multiple interpretations, repressive, and open up space for criminalization of freedom of expression, especially when criticism is directed at state institutions or public officials. This raises serious questions about whether the defamation article is in line with the principle of freedom of expression guaranteed by the 1945 Constitution. Defamation in Indonesian legal politics is a policy dynamic that seeks to harmonize the right to personal honor with the constitutional right to expression, so that through the Constitutional Court (MK) Decision No. In decision No. 105/PUU-XXII/2024, the Constitutional Court emphasized that the phrase "other people" in Chapter 27A of the Electronic Information and Transactions Law can only be interpreted as individuals or individuals, so that government agencies, institutions, corporations, or groups cannot be victims of defamation crimes. The Constitutional Court considers that protection of the reputation of public institutions or agencies cannot be equated with protection of individuals, because public institutions or agencies must be open to criticism as part of the social control mechanism in democracy.
Policy Analysis on Sending Misbehaving Students to Military Barracks from the Perspective of Development Law and National Defense Sadiawati, Diani; Nurchalik, Ivan; Siantar, Bernard Sindak Pangihutan Lumban; Sinaga, Exal; Hammamtio, Hammamtio
Journal of Research in Social Science and Humanities Vol 5, No 4 (2025)
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v5i4.489

Abstract

Recently, populist policies have increasingly been adopted by public officials to enhance their political image, including education-related policies issued by the Governor of West Java, which subsequently sparked criticism from various stakeholders. Therefore, this study aims to examine the policy of sending “problematic” students to military barracks through the lens of development law and a responsive, socially just conception of national defense (bela negara). This research employs a normative juridical method using a scientific approach that includes the statute approach and the conceptual approach. The findings of this study indicate that the policy of sending students to military barracks requires thorough legal examination to ensure that its legal objectives are clear and do not violate human rights. This is particularly important as not all members of society agree with such a policy; the aim of national defense is not the militarization of children but the internalization of Pancasila values and moral discipline. Thus, sending students to military barracks does not automatically align with the concept of national defense when the measures implemented are coercive, discriminatory, and unsupported by psychological and pedagogical educational principles. Furthermore, this policy is inconsistent with the characteristics of responsive development law, which prioritizes the protection of vulnerable groups and emphasizes social justice. A comprehensive evaluation of this policy is therefore necessary, taking into account sociological, legal, and human rights perspectives, as well as educational and rehabilitative approaches.
Co-Authors Diani Sadiawati Hasanah, Nur Rizkiah Mega, Irena Puspa Nurchalik, Ivan Siantar, Bernard Sindak Pangihutan Lumban Sinaga, Exal