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Seni Kamalia Rizki Fathullah

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Regulatory overlap between the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law in the handling of online gender-based violence (KBGO) in Indonesia creates a conflict of norms that results in double victimization. This normative legal study aims to identify the concrete forms of victim sacrifice resulting from overlapping regulations and to critique the inability of conflict-resolution mechanisms to address these conflicts through the principle of lex specialis systematica from a substantive justice perspective. The findings reveal four forms of victim sacrifice: victim criminalization, the length of the judicial process, inconsistencies in court rulings, and the failure to fulfill the right to restitution and the right to be forgotten. This study also concludes that the lex specialis systematis principle is inadequate because its dogmatic approach disregards the interests of victims, requires time and expertise that ordinary victims lack, and is not consistently applied in courts. This study recommends a paradigm shift from a dogmatic approach to a victim-centered approach.

Pangaribuan, Safana Aprilya

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Freedom of speech is the right for every human being or individual to speak freely for his or her opinion, and is included in the classification of personal rights in human rights. So the right to freedom of opinion is part of one of the human rights that relates to a person's personality. The purpose of this research is to find out the existence of the right to freedom of speech in criticizing government policies which in reality are limited by the ITE Law. The method used in this research is normative law by collecting primary and secondary data from regulations, books, journals, and documents related to the research. The results of this study found several cases related to the right to freedom of speech that is restricted by Law Number 19 of 2016 concerning Electronic Information and Transactions Law.