Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law

Ottow Wijanarto Tiop Ganda Pura Siagian
{"title":"Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law","authors":"Ottow Wijanarto Tiop Ganda Pura Siagian","doi":"10.33756/jelta.v15i1.14162","DOIUrl":null,"url":null,"abstract":"The purpose of this study is to examine the settlement mechanism of Cyber Harassment experienced by public figures considering that in this disruptive era of technology, more and more cases like this have emerged. The research approach method used is the statute approach and the case approach. The study results are that the settlement of cyber harassment disputes against public figures can be resolved through litigation and non-litigation mechanisms. It is possible to settle through this litigation route, even though, in substance, the legal regulations regarding cyber harassment have not been described concretely in positive law in Indonesia, departing from the understanding that there is a principle of Ius curia Novit. The legal consequence is that judges are prohibited from objecting, let alone refusing a case submitted by the community and having an obligation to examine and try and give legal decisions on these legal issues. The next option apart from litigation is the non-litigation route. The author concludes that in resolving Cyber Harassment disputes against public figures if you choose a non-litigation way to be resolved, an alternative form of dispute resolution that can be used and is considered more suitable as a media for dispute resolution is mediation. Suggestion, To the Indonesian people in general and public figures in particular, must be brave to fight for their rights and make complaints or reports to the authorities so that losses arising from violations of their constitutional rights can be recovered. Through its power tools, the state can guarantee legal protection to victims while simultaneously providing a deterrent effect to the perpetrators to realize order and security in the life of society, nation, and state.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"JURNAL LEGALITAS","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33756/jelta.v15i1.14162","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

The purpose of this study is to examine the settlement mechanism of Cyber Harassment experienced by public figures considering that in this disruptive era of technology, more and more cases like this have emerged. The research approach method used is the statute approach and the case approach. The study results are that the settlement of cyber harassment disputes against public figures can be resolved through litigation and non-litigation mechanisms. It is possible to settle through this litigation route, even though, in substance, the legal regulations regarding cyber harassment have not been described concretely in positive law in Indonesia, departing from the understanding that there is a principle of Ius curia Novit. The legal consequence is that judges are prohibited from objecting, let alone refusing a case submitted by the community and having an obligation to examine and try and give legal decisions on these legal issues. The next option apart from litigation is the non-litigation route. The author concludes that in resolving Cyber Harassment disputes against public figures if you choose a non-litigation way to be resolved, an alternative form of dispute resolution that can be used and is considered more suitable as a media for dispute resolution is mediation. Suggestion, To the Indonesian people in general and public figures in particular, must be brave to fight for their rights and make complaints or reports to the authorities so that losses arising from violations of their constitutional rights can be recovered. Through its power tools, the state can guarantee legal protection to victims while simultaneously providing a deterrent effect to the perpetrators to realize order and security in the life of society, nation, and state.
数字法视角下公众人物网络骚扰的解决
考虑到在这个颠覆性的技术时代,越来越多的此类案例出现,本研究的目的是研究公众人物所经历的网络骚扰的解决机制。本文采用的研究方法是成文法法和案例法。研究结果表明,公众人物网络骚扰纠纷的解决可以通过诉讼和非诉讼机制来解决。通过这种诉讼途径解决是可能的,尽管在实质上,关于网络骚扰的法律规定并没有在印度尼西亚的成文法中具体描述,这偏离了对有一个“无事即治”原则的理解。其法律后果是,法官被禁止反对,更不用说拒绝社区提交的案件,并有义务审查、尝试并就这些法律问题作出法律决定。除了诉讼之外,下一个选择是非诉讼途径。作者的结论是,在解决针对公众人物的网络骚扰纠纷时,如果选择非诉讼的解决方式,那么另一种可以使用并且被认为更适合作为争议解决媒介的争议解决形式是调解。建议:全体印度尼西亚人民,特别是公众人物,必须勇敢地为自己的权利而斗争,并向当局提出申诉或报告,以便弥补因侵犯宪法权利而造成的损失。国家通过其权力工具,在保证受害者得到法律保护的同时,对加害者起到威慑作用,实现社会、民族、国家生活的秩序与安全。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信