TINJAUAN PUTUSAN NIET ONTVANKELIJK VERKLARING TERHADAP MAJALAH PLAYBOY INDONESIA (Studi Kasus Putusan PN Jaksel No. Reg 2362/Pid B/PN Jakseldalam Perspektif Undang-Undang No 44 Tahun 2008 Tentang Pornografi)

BIN USMAN, ABDULLAH (2009) TINJAUAN PUTUSAN NIET ONTVANKELIJK VERKLARING TERHADAP MAJALAH PLAYBOY INDONESIA (Studi Kasus Putusan PN Jaksel No. Reg 2362/Pid B/PN Jakseldalam Perspektif Undang-Undang No 44 Tahun 2008 Tentang Pornografi). Other thesis, University of Muhammadiyah Malang.

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Abstract

Restlessness and worries of the people and the trend of increased pornography and pornoaction efforts and overcome the problem that is reflected and expressed in a formal Decision of People's Consultative Assembly of The Indonesia Republic Number VI/MPR/2001 about Ethics Life of Nation. In the process of transition towards democratization in Indonesia, as one of the pillars of democracy, which is important in the era of freedom of the press at this time is not a 'freedom from' (freedom from absolutisme), authoritarian power, as the New Orde Era through application the SIUPP (License Effort Publication of Press ). About the values freedom of the press itself, it has been accomodated in the 1945 Constitution that has been amendemend, which is arranged in Section 28, Section 28 E Sentence (2) and (3) also Section 28 F. However, the need to realize that the man the press keep ordinary citizens are bowing to the applicable law in Indonesia. Formulation of the problem in this research are: (1) What is the verdict of the indictment prosecutors canceled for the law or decision of Niet Ontvankelijk Verklaring is right? (2) What if the case is Magazine Playboy of Indonesia judged after released of Law No. 44 Year 2008 about Pornography? The method used in this research is a method approach of normative juridical. Technique Gathering of Materials Law, authors use the techniques of literature. Analysis Materials Law, in analyzing the Law of Normative, the author using analysis technique fill according (sincronation analysis) and descriptive analysis of qualitative data, namely by giving interpretations of the data obtained are rational and objective, which is arranged, grouped and sorted with using the code and categorize, and then describes the relationship between the variables with each other in order to describe the phenomena in more concrete and detailed, and also performed with the use of identification which was then systematically carried out with the elaborating/descriptive comprehensive qualitative. Based on the results of the research results obtained as follows : before the Pornography Law decision, ceremony judge decision based on the Press Law the judge to distinguish between purely criminal matter with the criminal case involving the journalistic product. So be free because in the Press Law responsibility the press can only be charged to the company or corporation that sanction just fine. Not sanctioned prison to journalists and editor leaders. Conclusion from the description above, it is clear that the judge is required in the quality of cut off cases. There is an adagium saying that "law is always behind the times compared with the development community," result of a legal vacuum, in the travel time. It was felt more in the era of reform and transformation in this now. Meanwhile, the issues of law (disputes) in the community continue, the settlement of legal claim, through the judicial process. To fill the vacuum of law, the Judges needed a quality, that are able to participate in the discovery of the law. For that, a judge must have the stock of knowledge and thinking as a process that has been described in this paper. If only, all Judges have the quality that way, then every decision (yurisprundention) will be able to colour every development of the law in this country. So, the problems fundamental who was appointed in this paper, have been answered, that is : that the judge cut off in the matter must always fill the vacuum of law using : Law Norm, Science Law, Legal Theory, and Philosophy Law (Method Invention of Law), as described in this article.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anwar Jasin
Date Deposited: 20 Mar 2012 13:24
Last Modified: 20 Mar 2012 13:24
URI: http://eprints.umm.ac.id/id/eprint/649

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