PERAN LEMBAGA BANTUAN HUKUM ASOSIASI PEREMPUAN INDONESIA UNTUK KEADILAN (LBH APIK) JAKARTA TERHADAP JUDICIAL REVIEW UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI

PURBAWATI, CHRISTINA YULITA (2010) PERAN LEMBAGA BANTUAN HUKUM ASOSIASI PEREMPUAN INDONESIA UNTUK KEADILAN (LBH APIK) JAKARTA TERHADAP JUDICIAL REVIEW UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI. S1 thesis, UAJY.

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Abstract

Due to the pro and cons polemics around the issue of pornography, an act was brought about, i.e., the Act number 44 of 2008 on Pornography, which was seemingly served as the answer to end that ongoing polemics. This was seen to be an invalid democracy concerning the debates were not ended yet, but the draft of the act on pornography was soon ratified and immediately imposed. The rationale of debates rooted in the assumption of the existing patriarchal culture saw that this pornography act would create such a worsening societal condition of women in particular, socially and legally. This means that the implication gives the contrary result in that there will be no reassurance of legal protection for women in particular and people in general who would be more discriminated than the previous condition. This condition had become the background of some groups within society in refusing the Pornography Act by proposing an appeal for a judicial review to the Supreme Court of Constitution (MK). LBH APIK (Law Firm of Indonesian Women Association for Justice) was one of the organizations, which proposed that judicial review. It was one of organization that persuaded people not to stop criticizing the act since it was proposed as draft. The objective of this research was to find out how far was the role of LBH APIK Jakarta in its involvement in pornography act’s judicial review process. This research applied library research methodology, combined with some first-hand information through interviews in qualitative tradition. Most data were gathered from books, journals, handbook, papers, internet sources and dictionary. This research concludes that LBH APIK proposed arguments for proposing that judicial review by testing articles stated in the act that contradicts the principals of 1945 Constitution such as: Article 1 section 1; Article 4 No 1 and 2; Article 10; Article 20; and Article 23. In addition, the implementation of the Pornography Act resulted in the increasing discriminatory acts towards women in particular. Among other examples is the absence of specific procedure of law.

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