Petrus Richard Sianturi | Universitas Gadjah Mada (Yogyakarta) (original) (raw)
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Conference Presentations by Petrus Richard Sianturi
Proceeding, 2020
The technology has built innovations in various areas were at the same time has also made any mis... more The technology has built innovations in various areas were at the same time has also made any misappropriation that could possibly happen. The misappropriation may lead to the breach of law such as the spreading of hate speech, whether intentionally or not. Indonesia is one of the countries which is facing this recent development fact, specifically in facing the hate speech spreading. There is no doubt that hate speech in Indonesia has spread massively. It is logically acceptable as the Indonesia penetration of internet users is positively correlated with many forms of hate speech dissemination. The problem is that Indonesia's existing hate speech law lacks to define what acts that could possibly and potentially infringe others' human rights. These research findings stated that the problem of having a firm regulation in responding the hate speech crime had made a chaotic condition in legal enforcement which failed to balance the law itself with the protection of freedom of speech. By its nature, through the descriptive-analytic method, this research argues that the definition of hate speech must be clear and narrow: one can be charged with doing hate speech, if his/her act has incited to violence and the violence has occurred, in the other side, this is a condition, when hate speech has harmed one's dignity. That incitement to violence would be the evidentiary tool to enforce the law. It will also balance human rights protection and freedom of speech. Moreover, it can keep the society free from any threats of violence based on race, religion, sex, etc. It will also be a sign that the development of science and technology will benefit society and does not otherwise.
Papers by Petrus Richard Sianturi
Kejahatan korupsi masih terjadi sangat masif di Indonesia. Mengingat sifat dan karakter destrukti... more Kejahatan korupsi masih terjadi sangat masif di Indonesia. Mengingat sifat dan karakter destruktifnya yang sangat besar, kasus-kasus korupsi telah menimbulkan kerugian terhadap keuangan negara yang berdampak langsung pada kehidupan sosial-ekonomi masyarakat secara keseluruhan. Dilihat dari sudut pandang hukum pidana, korupsi adalah bentuk kejahatan atau tindak pidana yang memerlukan penindakan yang luar biasa ( extraordinary legal approach ). Terkait dengan penindakan yang luar biasa itu, dalam penegakan hukum terhadap kasus korupsi telah berkembang aturan pembalikan beban pembuktian agar pemulihan kerugian negara menjadi lebih efektif. Namun aturan ini belum dijalankan secara konsisten sebagai upaya pertama dan utama ( primum remedium ) khususnya dalam upaya pengembalian aset negara karena disebabkan oleh dua hal. Pertama, pengaturan mengenai pembalikan beban pembuktian belum jelas dan memadai baik dari segi substansial dan prosedural, khususnya dikaitkan dengan upaya pengembalian ...
Udayana Journal of Law and Culture, 2021
As the largest Muslim country, Indonesia is on the way to balancing the order of its people, thei... more As the largest Muslim country, Indonesia is on the way to balancing the order of its people, their religious practice, and how these two are influencing the public sphere. There is an existing regulation called Anti-Blasphemy Law which contains any rule to guarantee that religion and the public sphere do not contradict from one to another. Related to it, this research found that in this digital era with an advanced development on technology, some factors potentially create any form of manipulation on religion which comprises religion itself, social dynamic, and legal instrument. This form of manipulation has also triggered the advancement of the interdependency discourse on religion and the public sphere. In the context of Indonesia, by its characteristic, to separate religion and the public sphere will only create other problems among religious people. Using normative legal research, this paper aims to look at the relevance of the Anti-Blasphemy Law to the socio-structural conditio...
Veritas et Justitia, 2020
Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is numb... more Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples.
Proceeding, 2020
The technology has built innovations in various areas were at the same time has also made any mis... more The technology has built innovations in various areas were at the same time has also made any misappropriation that could possibly happen. The misappropriation may lead to the breach of law such as the spreading of hate speech, whether intentionally or not. Indonesia is one of the countries which is facing this recent development fact, specifically in facing the hate speech spreading. There is no doubt that hate speech in Indonesia has spread massively. It is logically acceptable as the Indonesia penetration of internet users is positively correlated with many forms of hate speech dissemination. The problem is that Indonesia's existing hate speech law lacks to define what acts that could possibly and potentially infringe others' human rights. These research findings stated that the problem of having a firm regulation in responding the hate speech crime had made a chaotic condition in legal enforcement which failed to balance the law itself with the protection of freedom of speech. By its nature, through the descriptive-analytic method, this research argues that the definition of hate speech must be clear and narrow: one can be charged with doing hate speech, if his/her act has incited to violence and the violence has occurred, in the other side, this is a condition, when hate speech has harmed one's dignity. That incitement to violence would be the evidentiary tool to enforce the law. It will also balance human rights protection and freedom of speech. Moreover, it can keep the society free from any threats of violence based on race, religion, sex, etc. It will also be a sign that the development of science and technology will benefit society and does not otherwise.
Kejahatan korupsi masih terjadi sangat masif di Indonesia. Mengingat sifat dan karakter destrukti... more Kejahatan korupsi masih terjadi sangat masif di Indonesia. Mengingat sifat dan karakter destruktifnya yang sangat besar, kasus-kasus korupsi telah menimbulkan kerugian terhadap keuangan negara yang berdampak langsung pada kehidupan sosial-ekonomi masyarakat secara keseluruhan. Dilihat dari sudut pandang hukum pidana, korupsi adalah bentuk kejahatan atau tindak pidana yang memerlukan penindakan yang luar biasa ( extraordinary legal approach ). Terkait dengan penindakan yang luar biasa itu, dalam penegakan hukum terhadap kasus korupsi telah berkembang aturan pembalikan beban pembuktian agar pemulihan kerugian negara menjadi lebih efektif. Namun aturan ini belum dijalankan secara konsisten sebagai upaya pertama dan utama ( primum remedium ) khususnya dalam upaya pengembalian aset negara karena disebabkan oleh dua hal. Pertama, pengaturan mengenai pembalikan beban pembuktian belum jelas dan memadai baik dari segi substansial dan prosedural, khususnya dikaitkan dengan upaya pengembalian ...
Udayana Journal of Law and Culture, 2021
As the largest Muslim country, Indonesia is on the way to balancing the order of its people, thei... more As the largest Muslim country, Indonesia is on the way to balancing the order of its people, their religious practice, and how these two are influencing the public sphere. There is an existing regulation called Anti-Blasphemy Law which contains any rule to guarantee that religion and the public sphere do not contradict from one to another. Related to it, this research found that in this digital era with an advanced development on technology, some factors potentially create any form of manipulation on religion which comprises religion itself, social dynamic, and legal instrument. This form of manipulation has also triggered the advancement of the interdependency discourse on religion and the public sphere. In the context of Indonesia, by its characteristic, to separate religion and the public sphere will only create other problems among religious people. Using normative legal research, this paper aims to look at the relevance of the Anti-Blasphemy Law to the socio-structural conditio...
Veritas et Justitia, 2020
Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is numb... more Data shows a high number of under-age or child marriages Indonesia. A related phenomenon is number of dispensation requested to the court to conduct marriage in case one or both couples are under age. Reason for this practice may be escape route from poverty, or as a more common justification to prevent sexual intercourse outside marriage (fornication) considered per se immoral. Meanwhile, drafter of the Indonesian Criminal Code decides to criminalize sexual intercourse outside marriage. The author, using a descriptive analytical approach, suggest that, at the abstract level, a contradiction exist between the rule of allowing the granting of court dispensation and the rule purporting to criminalize sex outside marriage. Dispensation, in the final analysis, may be used to de-criminalize sex between under age couples.