Christianto, Hwian (2017) Ajaran Sifat Melawan Hukum Materiil Sebagai Upaya Harmonisasi Ketentuan Hukum Pidana Pornografi Melalui Internet. Indonesian Journal of Criminal Law Studies , II (1). pp. 27-39. ISSN 1478761011 (online) 1478761608 (cetak)
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Abstract
The idea of unlawful materiil law raises problem of legal certainty whereas on the one hand the application of living law is desired by society. The research was conducted to discover the unlawful materiil law and the function of unlawful materiil law in national criminal law related to the development of interntional law. Normative juridical research method is done by processing primary legal materials in the form of legislation products related to pornography and the enforcement of doctrine of against materiil law. Supported by secondary legal materials includes judges' rulings unlawful materiil law. The results showed that the enforcement of unlawful materiil law get the juridical basis to be applied that is the Criminal Code and the Law of Judicial Power. The enforcement of unlawful materiil law is based on the moral norm which is the source of the decency value not only the Indonesian nation but the world. The enforcement of the unlawful materiil law based on the moral norms open space for the harmonization of the regulation of the prohibition of pornography through internet. It is based on the understanding of pornography through the internet is an act that degrades human dignity.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | harmonisasi; pornografi melalui internet; Sifat Melawan Hukum Materiil |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | HWIAN CHRISTIANTO |
| Date Deposited: | 09 Aug 2017 09:18 |
| Last Modified: | 24 Mar 2021 15:38 |
| URI: | http://repository.ubaya.ac.id/id/eprint/30546 |
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