PENGATURAN TINDAK PIDANA ILLEGAL CONTENT PERSPEKTIF RESTORATIVE JUSTICE DI MASA YANG AKAN DATANG (IUS CONSTITUENDUM)

Authors

  • I Made Wahyu Chandra Satriana Universitas Dwijendra Denpasar
  • Ni Made Liana Dewi Universitas Dwijendra Denpasar
  • I Putu Anton Maha Dippayana Universitas Dwijendra Denpasar

Abstract

The settlement of illegal content crimes in Law Number 19 of 2016 concerning Electronic Information and Transactions, which has a paradigm of retaliation using criminal law, has caused many reactions for justice seekers. Thus it is necessary to conduct research on the regulation of illegal content criminal acts from the perspective of restorative justice as a legal profile in the future. The issues raised in this study are regulation of illegal content criminal acts from a restorative justice perspective in the future (ius constituendum) and policies for solving illegal content crimes from a restorative justice perspective in the future (ius constituendum). The absence of legal norms in this study is the absence of restorative justice arrangements in the settlement of illegal content crimes in Law number 19 of 2016 concerning Information and Electronic Transactions. The results of this study are that the regulation of illegal content criminal acts from a restorative justice perspective in the future (ius constituendum) refers to the Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice which in principle prioritizes peaceful processes and avoids retaliation in the form of criminal. The policy at the investigation stage for the settlement of illegal content criminal acts from the perspective of restorative justice in the future (ius constituendum) is carried out by stopping the investigation at the investigative level for the sake of law.

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Published

2023-08-28

How to Cite

I Made Wahyu Chandra Satriana, Ni Made Liana Dewi, & I Putu Anton Maha Dippayana. (2023). PENGATURAN TINDAK PIDANA ILLEGAL CONTENT PERSPEKTIF RESTORATIVE JUSTICE DI MASA YANG AKAN DATANG (IUS CONSTITUENDUM). Jurnal Komunikasi Hukum (JKH), 9(2), 29–43. Retrieved from https://ejournal.undiksha.ac.id/index.php/jkh/article/view/66208

Issue

Vol. 9 No. 2 (2023): Agustus, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).