Claim Missing Document
Check
Articles

Found 2 Documents
Search

Legal Analysis of Enforcement of the Criminal Action of Defamation Through Social Media as Reviewed From the ITE Law and the KUHP: (Case Study of Decision Number: 415/Pid.Sus/2020/PN Tar) Timbo Mangaranap Sirait; Adriansyah Halim
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 24 No. 1 (2026): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v24i1.935

Abstract

The crime of defamation can be divided into two forms: conventional and verbal. Conventional methods are usually implemented through direct statements or written media. This study aims to answer questions related to the Legal Review of Perpetrators of Criminal Acts of Defamation Through Social Media. First, the criminal liability of perpetrators of criminal acts of defamation through social media is based on Decision Number 415/Pid.Sus/2020/PN Tar. This study uses two types of data: primary legal materials and secondary legal materials. Primary legal materials include basic norms, basic rules, laws and regulations, and official documents or records. Secondary legal materials are obtained from literature such as books, legal journals, research results, and various other scientific works. The results of the study indicate, first, that criminal liability for perpetrators of defamation through social media in Decision Number 415/Pid.Sus/2020/PN Tar results in a two-month prison sentence with a six-month probation period, based on evidence and testimony presented at trial. Second, in issuing the verdict, the judge considered the Public Prosecutor's indictment, assessing both aggravating and mitigating factors for the defendant.
Human Rights and International Accountability of States in the Climate Crisis (Reconstruction of the Loss and Damage Principle Following the Latest Developments of the Cop) Wagiman Wagiman; Adriansyah Halim
Jurnal Dialektika: Jurnal Ilmu Sosial Vol. 24 No. 1 (2026): Jurnal Dialektika: Jurnal Ilmu sosial
Publisher : Pengurus Pusat Perkumpulan Ilmuwan Administrasi Negara Indonesia (PIANI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63309/dialektika.v24i1.966

Abstract

The global climate crisis has transformed from an environmental issue into a fundamental human rights issue, directly impacting the rights to life, health, food, water, and a good and healthy environment. These impacts are disproportionately felt by developing countries, including the ASEAN region, despite their relatively small historical contribution to global emissions. In this context, the strengthening of the principle of loss and damage following the latest developments at the Conference of the Parties (COP) marks an effort by the international community to affirm the dimension of state international responsibility for loss and damage caused by climate change. However, this principle still faces conceptual, normative, and implementative problems within the international legal regime. This study aims to analyze the climate crisis as a human rights issue and reconstruct the principle of loss and damage within the framework of state international responsibility, by reviewing the comparative national legal arrangements of ASEAN countries and international law. The research method used is normative juridical with conceptual, legislative, and comparative approaches, through an analysis of international legal instruments, the latest COP policies, and national regulations in the ASEAN region. The results show that the strengthening of loss and damage after the latest COP reflects a paradigm shift in climate law from a voluntary commitment-based approach to a human rights-oriented climate justice approach. However, the absence of binding legal instruments weakens state accountability mechanisms. This research emphasizes the philosophical novelty of integrating human rights as the legitimate basis for state international accountability in the climate crisis. This research recommends strengthening binding international legal norms and harmonizing ASEAN national policies based on climate justice and human rights.