PROGRESSIVE LAW IMPLEMENTATION IN FALL ADDITIONAL CRIMINAL ON ITE CRIMINAL ACTIONS
Keywords:
information and electronic transactions, progressive law and criminal offensesAbstract
The imperfection of the rule of law gives Judges the room to make legal discoveries ( rechtvinding ) and to form laws (judge made law) through their decisions by exploring the values that live in society as required by the provisions of Article 5 paragraph (1) of Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power. This research aims to assess whether the Decision of Pandeglang District Court Number 71/ Pid.Sus /2023/PN Pdl which imposes additional punishment of deprivation of certain rights can be called a progressive character decision. The method used in this research is normative juridical with statute approach and case approach. The results of this research show that the judge has expanded the punishment for ITE criminal offenses by imposing additional punishment in addition to the main punishment, which is actually unknown in the ITE Law regime, so that the decision can be called to have a progressive legal characters .
References
Ahmad Rivai , Legal Discoveries by Judges in Progressive Legal Perspective , Sinar Graphics , Jakarta, 2011.
Bernard L. Tanya , et al. , Legal Theory of Orderly Strategy Humans Across Space and Generations , Genta Publishing, Yogyakarta, 2010.
Dimitri Mahayana , Picking Up the Future , ( Futuristics and Engineering Society Towards the Global Era), Bandung: Youth Rosda Works , 1999.
R. Soesilo , Criminal Code ( KUHP ) and its Comments Complete Article By Article . Politeia Publisher , Bogor, 1991.
Satjipto Rahardjo, Dissecting Progressive Law , Kompas, Jakarta, 2006.
______________, Progressive Law Enforcement , Kompas Publisher , Jakarta, 2010.
Yance Arizona, The State of Laws of Conscience : Ideas Satjipto Rahardjo About the Indonesian Law State, Epistema Institute, Jakarta, 2010.
Ferdy Rizky Adilya, “ Criminal Judge's Decision with Substantive Justice Through Legal Approach Progressive In Perspective Penology ”, Journal Aktualita , Vol.1 No.2, December , 2018.
Haryono, " Law Enforcement Based on Justice Values Substantive (Study of Constitutional Court Decision No. 46/PUU-VII/2012)”, Progressive Law Journal , Vol. 7, no. 1, April 2019.
Mukhidin , “ Progressive Law As a Legal Solution that Improves the Welfare of the People", Journal Law Reform , Vol. I, No. 3, September- December 2014.
Romli Atmasasmita , Three Legal Paradigm in Development”, Prioris Law Journal , Vol. 3, no. 1, 2012.
Dynamics of Telematics Legal Convergence in the National Legal System https://ditjenpp.kemenkumham.go.id . ( accessed on 15/03/2023 at 14.05 WIB) .
https://heylawedu.id/blog/ Hukum-Progressive- Hukum-Progressive-as-terobosan-dalam-memandang- Hukum , ( accessed on 15/03/2023 at 14.05 WIB).
Progressive Legal Paradigm accessed through https://www.pn-palopo.go.id/index.php/media-center/article/184-paradigma-legal-progressive ( accessed on 15/03/2023 at 14.05 WIB) .
Decision Pandeglang District Court Number 71/Pid.Sus/2023/PN Pdl .
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.