Criminal Liability For Disseminating Electronic Information Containing Violation Of Decency In The Perspective Of Justice
Abstract
Baiq Nuril was charged with distributing recordings of decency-containing telephone conversations, but he was acquitted by the Mataram District Court because he was not proven to have violated the article he was charged with. The Prosecutor's Office then filed an appeal, and the Supreme Court found Baiq Nuril guilty in its decision. The decision sparked a backlash, with many believing that Baiq Nuril was a victim of sexual harassment by his superiors, and that he should be protected rather than punished. As a result of the cassation decision, the public now considers law enforcement in this country for the poor to be extremely unfair. For this reason, this thesis discusses several issues related to the case and decision, which can be formulated by how the Panel of Judges considers in imposition of criminal liability for perpetrators of distributing electronic information that has been charged with violating decency in the decision Number 574 K/Pid.Sus/2018 and the form of criminal responsibility for perpetrators of distributing electronic information that has been charged with violating decency? The study's findings indicate that the Mataram District Court Judges actually blamed Baiq Nuril’s actions on Haji Imam Mudawin during their deliberations. The decision was later reversed and strengthened at the review level by a cassation panel of judges, which stated in one of its considerations that Baiq Nuril’s actions resulted in moral losses to Muslims and their families, as well as Landriati's family. Baiq Nuril’s sentencing is primarily intended to protect the honor of Muslims and Landriati as Indonesian citizens, which includes ensuring justice for those harmed by Baiq Nuril's acts.
Keywords : Criminal Liability, Disseminating, Electronik InformationReferences
There are two (two) aspects of data management, namely everything related to the creation, distribution, manipulation, and management of data and the means used to transfer and process data between devices. See: Rusman, et al, Information and Communication Technology-Based Learning (Jakarta: Raja Grafindo Persada, 2012), p. 87.
M. Arsyad Sanusi, Law and Information Technology (Jakarta: Tim Kemas Buku, 2005), p.3.
Budi Suhariyanto, Information Technology (Cybercrime) Crime (Jakarta: Rajawali Pers, 2014), p. 9.
The sovereignty of each state contains the right and power to determine the national legal rules of an event, including how the state's internal and external problems should be handled. State jurisdiction is also known as state authority in international law. As defined in law, jurisdiction refers to the right or ability of a state to enforce and enforce its constitutional laws and regulations over its citizens, objects and events. See: Huala Adolf, Aspects of the State in International Law (Jakarta: Raja Grafindo Persada, 2002), p. 71.
Online banking is a service provided electronically. There are various types of E-Banking services, including: ATM/debit cards, credit cards, telebanking, phone banking, SMS banking, mobile banking, and internet banking. See: Decky Hendarsyah, “Security of Internet Banking Services in Banking Transactionsâ€, Iqtishaduna: Our Scientific Journal of Economics, Vol. 1 No. 1 (2012): p. 13, https://doi.org/10.46367/iqtishaduna.v1i1.2
The virtual world has been created by advances in information technology. The virtual world has turned the various human activities that occur in the real world—political, economic, social, and cultural—into artificial substitutes, and everything that is possible in the real world can now be achieved through cyberspace. See: Yasraf Amir Piliang, “Information and Digital Society: Information Technology and Social Changeâ€, Journal of Sociotechnology, Ed. 27 Th. 11 (2012): 143-156, p. 145, https://journals.itb.ac.id/index.php/sostek/article/download/1098/704.
A. Hamid S. Attamimi, Legislation: Types, Functions, and Contents (Yogyakarta: Kanisius, 2007), p. 34.
Mochtar Kusumaatmadja and B. Arief Sidharta, Introduction to Legal Studies: A First Introduction to the Scope of Applicability of Legal Studies (Bandung: Alumni, 2000), p. 4.
Theo Huijbers, Philosophy of Law in Historical Trajectory (Yogyakarta: Kanisius, 1995), p. 196.
Pan Mohamad Faiz, “John Rawls Theory of Justiceâ€, Journal of the Constitution, Vol. 6 No. 1 (April 2009), p.135.
Koeswadji, The Development of Various Crimes in the Context of Developing Criminal Law (Bandung: Citra Aditya Bhakti, 1995), p. 12.
Didik M. Arif Mansur and Elisatris Gultom, The Urgency of Crime Victim Protection, Between Norms and Reality (Jakarta: Raja Grafindo Persada, 2007), p. 45.
Jimly Asshiddiqie, Introduction to State Administration Volume 2 (Jakarta: Mahkamah Konstitusi, 2006), p. 45-46.
Darwan Prints, Criminal Procedure Code: An Introduction (Jakarta: Djambatan, 1989), p. 106.
Bambang Waluyo, Evidence System in Indonesian Courts (Jakarta: Sinar Grafika, 1992), p. 6.
Djoko Prakoso, Evidence and Power of Evidence in the Criminal Process (Yogyakarta: Liberty, 1988), p. 43.
Andi Hamzah, Indonesian Criminal Procedure Code (Jakarta: Sinar Grafika, 2001), p. 252.
Djoko Prakoso, Evidence and Power of Evidence in the Criminal Process, Loc.Cit.
Bambang Waluyo, Evidence System in Indonesian Courts, p. 28.
Martiman Prodjohamidjojo, Evidence Systems and Evidence Tools (Jakarta: Ghalia Indonesia, 1983), p. 15.
M. Yahya Harahap, Discussion of Problems and Application of the Criminal Procedure Code (Court Trial Examination, Appeal, Cassation, and Review) (Jakarta: Sinar Grafika, 2002), p. 301.
Lilik Mulyadi, Judge's Decision in the Criminal Procedure Code (Bandung: Citra Aditya Bakti, 2007), p. 158- 159.
Riduan Syahrani, Summary of the Essence of Legal Studies (Bandung: Citra Aditya Bakti, 1999), p. 44.
Otje Salman and Anton F. Susanto, Legal Theory: Remembering, Collecting, and Re-Opening (Bandung: Refika Aditama, 2005), p. 79-80.
See: Satjipto Rahardjo, Layers in Legal Studies (Malang: Bayumedia Publishing, 2009), p. 6. See also: Soetandyo Wignjosoebroto, Law in Society: Developments and Problems (Malang: Bayumedia Publishing, 2008), pp. 120-121.
Pontang Moerad, Formation of Law through Court Decisions in Criminal Cases (Bandung: Alumni, 2005), p.117.
Adi Sulistiyono, "Developing a Non-litigation Dispute Resolution Paradigm in the Framework of Utilizing Alternative Business Dispute Resolution", Dissertation, Doctoral Program in Law, Diponegoro University, 2002, p. 20. 31 Achmad Ali, Revealing the Veil of the Law: A Study of Philosophy and Sociology (Jakarta: Sinar Grafika, 2002), p. 104.
By using the provisions of the legislation, judges examine and consider cases before making a decision. During the trial, a judge pronounces a decision at the end of the process to resolve the conflict between the two parties. See: Sudikno Mertokusumo, Indonesian Civil Procedure Code (Yogyakarta: Liberty, 1998), p. 167.
The laws are designed to be clear, so that an explanation of each law always appears in the Supplement to the State Gazette. It often happens that although the intent and name is an explanation, the explanation does not provide clarity, because it is only explained "clearly enough" even though the text of the law is not clear. Perhaps the legislators intended to give judges more freedom by giving them more power. See: Sudikno Mertokusumo and A. Pitlo, Chapters on Legal Inventions (Bandung: Citra Aditya Bakti, 1993), p. 12.
Lilik Mulyadi, "Legal Efforts Performed by Crime Victims Assessed from the Perspective of the Criminal Justice System in the Decision of the Supreme Court of the Republic of Indonesia", Journal of Law and Justice, Vol. 1 No. 1 (2012): p. 3.
Muladi and Barda Nawawi Arief, Anthology of Criminal Law (Bandung: Alumni, 1992), p. 78.
Lilik Mulyadi, "Legal Efforts Performed by Crime Victimsâ€, p. 4.
John Rawls, A Theory of Justice, Revised Edition (Massachusetts: Harvard University Press, 1999), p. 6.