从网络法的角度审视巴布亚的互联网封锁案

Melvin Elvino Putra
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引用次数: 0

摘要

互联网已经成为现代生活的重要组成部分,提高了一切的效率。毫不奇怪,网络滥用会导致伤害每个人的犯罪。因此,需要被称为“网络法”的法律保障措施,它与人权相交叉。巴布亚的互联网屏蔽案件是本文的主题,在该案件中,政府屏蔽或减缓了巴布亚的互联网连接,因为它在人权和网络法领域提出了许多问题,在人权方面,1945年宪法对网络法进行了规定,该宪法规定每个人都有权从技术中受益。在这种情况下,政府无法满足人权方面的要求。然而,在《网络法》中,这是为了限制社交媒体或互联网上造成混乱的犯罪。因此,本文将从网络法的角度对巴布亚案进行阐述。行政法院的裁决采用了规范的法律方法和客观的案例方法对这一现象进行了实验性调查。然后,本研究采用了文献和实证相结合的定性方法,通过法律分析和社会中发生的社会现象来获取数据。尽管还需要进一步调查,但本研究有助于更好地了解巴布亚发生的与政府封锁或断开互联网有关的案件。这并没有违反法律,因为当时的政府为了整个社区的利益做出了良好的决定,确保每个人都免受网络犯罪或虚假新闻的影响,这有可能切断印尼的团结。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
REVIEW OF THE INTERNET BLOCKING CASE IN PAPUA IN CYBER LAW PERSPECTIVE
The internet has become an essential part of modern life, increasing the efficiency of everything. It should be no surprise that internet abuse can lead to crimes that harm everyone. As a result, there is a need for legal safeguards known as Cyber Law, which intersects with Human Rights. The case of internet blocking in Papua, in which the government blocked or slowed internet connections in Papua, is the subject of this article because it raises many issues in the fields of Human Rights and Cyber Law, which, on the human rights side, is regulated in the 1945 Constitution, which states that everyone has the right to benefit from technology. In this case, the government cannot meet the aspect of Human Rights. However, in Cyber Law, this is intended as a limitation to reduce a crime on social media or the internet that causes chaos. As a result, this paper will elaborate on the Papua case from the standpoint of Cyber Law. The Administrative Court's decision used a normative legal approach and an objective case approach to investigate this phenomenon experimentally. The study then employs a qualitative method with literature and empirical approach, obtaining data through legal analysis and social phenomena that occur in society. Although further investigations are needed, the present study contributes to a better understanding of the case that occurred in Papua related to the government's blocking or disconnection of the internet. It was not a violation of the law because the government at the time made good decisions for the entire community's benefit, ensuring that everyone was safe from cybercrime or false news, which has the potential to sever Indonesia's unity.
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