Karya Ilmiah

DISERTASI (187) - Pemidanaan Terhadap Penghinaan

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The title of this research is Sentencing on Criminal Defamation. This
research focused as follows : (1) Ratio legis of Criminal Defamation, (2) Ratio
Decidendi of court ruling against criminal defamation cases (3) The Formulation
of Sentencing of Criminal Defamation in the future laws. This research is legal
research, therefore this research is normative. This research is using statute
approach, conceptual approach), case approach and comparative approach
The study then concluded as follows: (1) The basic of criminal defamation
is equality principle. To criminalize defamation aims to achieving public order
and reinforcement of public cmoral by protecting the honor and reputation of a
person ; (2) In cases related to criminal defamation, The judge of the
Constitutional Court consider the honor and reputation which is constitututional
right as a primary consideration, while the judges in the District Court consider
the suitability of the element of criminal defamation; (3) Reformulation of
criminal defence referred to Article 310 paragraph 3 Criminal Code as renewal
of regulating of criminal defamation and punishment based on restorative justice
can be punishment to the criminal defamation in the future
The study recommend as follows : (1) Maintaning the regulation of
criminal defamation in the future criminal code ; (2) Considering insulting norms
prohibition and the object of defamation in prosecuting the constitutional review
of criminal defamation cases. The judges of the court should consider the
criminal defence of criminal defamation and not only the suitability of the element
of criminal defamation ; (3) Stating strictly of the statements or opinions that are
not criminal defamation and enacting compensation and reparative measure as a
kind of criminal sanctions of criminal defamation in the formulation of the draft
Penal Code
Keywords : sentencing, criminal defamation, criminal defence, restorative justice

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Ketersediaan

031317017302

187

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

187

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

PEMIDANAAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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