Karya Ilmiah

DISERTASI (244) - Tanggungjawab Pers Sebagai Subjek Hukum Pidana Dalam Perspektif Hak Asasi Manusia

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The development of Criminal Law contributes to the ackowledment of
corporation as subject of criminal law aside from natural law. The existence of
corporation has the advantage that it is not being excluded within Press Law in the
framework of national law. Such advantage, in particular, provides empowerment
upon the existence of pers itself, as wel as, provides support due to the occurance
of dispute between pers corporation againts public interest. The charateristic of
the liability of pers corporation, according to universal principles and doctrines of
ciminal law, differs with the liability upon subject of law within the natural law,
which is based on the punishment teaching known as gein straft zonder schuld. It
is commonly understood that the concept of liability of corporation as subject of
law as a manifestation of corporation liability applies the principle of liability
without fault. Both of them will be considered as approaches to explain the
characteristic of press crime liability. Prior to these approaches, it is crucial to
understand that the Law number 40 / 1999 defines the subject of law as national
pers corporation. Nevertheless, according to the systematic of Criminal Law on
pers liability, an individual/person in the pers institution remain considered as
subject of law, as well, which implicates to vaguing interpretation on the
application of liability norms within the content of Law number 40 /1999. The
problematic position eventually appears when a jurnalist or a pers function, as
subject of law, performs a duty as, which is following the request or order from
the pers corporation. If such fault is taken into consideration as the basis, it will
have impact to deminishing optimum legal support for those performing pers
duty. It is also totally againts the principle of liability without fault. In one hand,
criminal liability remains necessary to balance the society towards Human Rights,
particularly when pers performs criminal abuse which damaging the society. In
this regard, the expected concept is the concept of criminal liability as a form of
corporation liability without the preassure of liability for individual/person or any
entity performing as pers. Such expected concept of criminal liability is balanced
and proportional liability between the aspect of protection to Human Rights and
the aspect of Freedom of Expression in which pers is the instrument. The liability
of press crime as a form of corporation liability remains shrouded with uncertainty
on the application of the principles of liability without fault and the principle of
crime without fault.

(Keyword ; Responsibility of the press, responsibility of press law subject,
human rights)

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Ketersediaan

031227017311

244

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

244

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

HAK AZASI MANUSIA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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