Measuring cyber pornography based on Indonesian living law: Astudy of current lawfinding method

Christianto, Hwian (2020) Measuring cyber pornography based on Indonesian living law: Astudy of current lawfinding method. International Journal of Law, Crime and Justice, 60. pp. 1-12. ISSN 1756-0616

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Abstract

Based on the research result of the judge's decision in Indonesia in the case of cyber-pornographyduring 2008–2016, this article discussed the importance of legalfinding in cyber-pornographycases. According to the judge's report, cyber pornography cases were often examined by usinggrammatical, systematic, and historical interpretation as a result of formal formulation of por-nography laws. This article discussed judge's“legal breakthrough”efforts in making legalfindingfrom cyber-pornography criminal cases,first, through judge's understanding on the concept ofpornography based on the living law, and second, the mechanism of legalfinding performed bythe judge. It is suggested that, the judge imposed a moral norm (living law) as a reference inassessing the unlawfulness of pornography actions. The discovery of the law in a criminal case isnot impossible because the judge keeps a contextual interpretation of the norms of public mor-ality based on the formulation of the Law.

Item Type:	Article
Additional Information:	Article 100348
Uncontrolled Keywords:	Cyber pornography, Living law, Judge, Law-finding
Subjects:	H Social Sciences > H Social Sciences (General) K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	HWIAN CHRISTIANTO
Date Deposited:	31 Jan 2020 01:40
Last Modified:	02 Jul 2021 12:20
URI:	http://repository.ubaya.ac.id/id/eprint/37166

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