{"title":"数字法视角下公众人物网络骚扰的解决","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":"{\"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}","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}
Resolution of Cyber Harassment Against Public Figures in the Perspective of Digital Law
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.