Pramudhita, Nindha Ayu (2023) TELAAH PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA PENCABUTAN HAK BERINTERNET (Studi Kasus Putusan Nomor: 71/Pid.Sus/2023/PN Pdl dan Putusan Nomor: 96/Pid.Sus/2023/PT BTN). S1 thesis, Universitas Atma Jaya Yogyakarta.
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Abstract
Pandeglang District Court Decision Number 71/Pid.Sus/2023/PN Pdl imposes an additional crime in the form of revocation of internet rights against the accused perpetrators of revenge porn crimes. The revocation of internet rights handed down by the Judge is an interesting thing to study because there is no applicable law or legal umbrella that regulates the revocation of internet rights as an additional crime. The purpose of this legal research is to find out and analyze the judge's consideration of the Pandeglang District Court decision Number 71/Pid.Sus/2023/PN Pdl and the cancellation of the District Court decision which was later overturned by the Banten High Court Number 96/Pid.Sus/2023/PT BTN related to the right to internet freedom. The method used is a case approach by examining legal problems or issues regarding the judge's consideration (ratio decidendi) in the additional criminal conviction of internet disenfranchisement. The result of this legal research is that the consideration of the panel of judges of the District Court on the additional crime of revocation of internet rights is the result of legal construction by the Judge in Pandeglang District Court Decision Number 71 / Pid.Sus / 2023 / PN Pdl with the intention that the perpetrators of revenge porn crimes do not repeat their actions again, but the judge in imposing this additional crime needs to be guided by the legality in the laws and regulations and if by the institution The legislature wants to form a law, so rules must be made and then can be applied as procedures for implementation and supervision.
Item Type: | Thesis (S1) |
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Uncontrolled Keywords: | judge’s consideration, revenge porn, revocation of internet rights, legality. |
Subjects: | Ilmu Hukum > Peradilan dan Penyelesaian Sengketa Hukum |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | Editor 2 uajy |
Date Deposited: | 16 Feb 2024 17:16 |
Last Modified: | 16 Feb 2024 17:16 |
URI: | http://e-journal.uajy.ac.id/id/eprint/31065 |
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