PERSON THROUGH VIRTUAL WORLD , AFTER THE CONSTITUTIONAL COURT DECISION

Sanidjar, Pebrihariati PERSON THROUGH VIRTUAL WORLD , AFTER THE CONSTITUTIONAL COURT DECISION. PERSON THROUGH VIRTUAL WORLD , AFTER THE CONSTITUTIONAL COURT DECISION.

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Abstract

Legal counsel of the MA ( 24 ) , suspected cases spread Jokowi images containing pornography , Abdul Aziz , hoping letter requesting his client be granted suspension of detention . With the support of the wider community , continued Abdul , it hoped the detention may be suspended . Muhammad Arsad ( 24 ) detained since 24 October. He allegedly contains , distribute , reproduce and Megawati Jokowi images containing pornography . The problem in this paper : 1 ) What is the effect of law related to the same conduct Article 136bis of Article 134 and Article 137 of the Criminal Code after the decision of the Constitutional Court in Case Number 013-022 Testing / PUU - IV / 2006 ? 2 ) What is the legal basis that can be used in case of defamation through cyberspace ? In conclusion : 1 ) The legal consequences related to the same conduct Article 136bis of Article 134 and Article 137 of the Criminal Code after the decision of the Constitutional Court in Case Number 013-022 Testing / PUU - IV / 2006 are : Judges of the Constitutional Court of Article 134 and Article Article 135bis 137 of the Criminal Code creates legal uncertainty ( rechsonzekerheid ) 2 ) the legal basis which can be used in case of defamation in cyberspace are : Article 310 of the Criminal Code and article 27 paragraph ( 3 ) of the Act ITE , to be categorized as a crime of defamation , it must proved the following elements : 1. The existence of intent ; 2. Without the right ( without permission ) ; 3. Aim to attack the good name or honor ; 4. To be known by the public .

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