Kebebasan Pers Dalam Perspektif Hukum Progresif (Studi Putusan Nomor: 46/Pid.Sus/2021/ PN Plp)

Nariswara, Muhammad Ikbar and , Fahmi Fairuzzaman, S.H.,M.H.,LL.M. (2024) Kebebasan Pers Dalam Perspektif Hukum Progresif (Studi Putusan Nomor: 46/Pid.Sus/2021/ PN Plp). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The press and freedom are one breath that cannot be separated. Openness of information in the digital world makes it easier for people to access any news. So that the public can participate in monitoring the current government system, and take part in maintaining democracy with the news published by the press. Even though journalists have received guarantees to carry out their duties, as regulated in the 1945 Constitution and Law Number 40 of 1999, there are still some officials who try to limit the press's movement by criminalizing it through the ITE Law. Therefore, this research aims to look at the judge's considerations in deciding decision number 46/Pid.Sus/2021/PN Plp and see it from a progressive legal perspective. In this decision, Muhammad Asrul, who works as a journalist, was caught in the trap of Article 27 Paragraph (3) of Law Number 11 of 2008 concerning Information and Electronic Transactions. From the problem above, research using normatif methods, with a case approach, is used. With descriptive research type and library study collection methods from secondary legal materials. Then it is processed using descriptive-analysis methods with systematic and argumentatif techniques. The elements contained in decision number 46/Pid.Sus/2021/PN Plp cannot be used to ensnare defendants who work as journalists. Where the judge does not consider witnesses a de charge and does not treat the defendant's evidence as legal fact in the trial. From a progressive legal perspective, it is far from conscience and contrary to legal values and the values that exist in society, because there is no search for deeper meaning, even though the complaint is based on embarrassment and there is a mistake in submitting the address of the defendant's press company, but the judge does not see it. that matter.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	press, progressive law, uu ite
Subjects:	K Law
Divisions:	Fakultas Hukum > Hukum
Depositing User:	MUHAMMAD IKBAR NARISWARA
Date Deposited:	19 Aug 2024 02:26
Last Modified:	19 Aug 2024 02:26
URI:	http://eprints.ums.ac.id/id/eprint/127158

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