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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.

Kadek Ferdian Dwi Arsa

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Consumer criticism on social media is a common form of expression used to convey dissatisfaction with products or services. However, such criticism often generates controversy, especially when it is perceived to harm the reputation of a company. Although the right to freedom of expression is guaranteed by the Consumer Protection Law, in practice, this guarantee frequently conflicts with the defamation provisions outlined in the Electronic Information and Transactions (ITE) Law. The case of "Om Polos Banget" serves as a concrete example where consumer criticism led to legal charges due to allegations of defamation. This study aims to analyze the boundaries of consumer freedom of expression on social media within the context of Indonesian legal regulations and to identify the elements of defamation that may ensnare consumers. The research utilizes a normative juridical method, focusing on the analysis of relevant laws and regulations concerning freedom of expression and defamation. The results of the study indicate that while consumers have the right to criticize, there are legal boundaries that must be observed to prevent the criticism from resulting in legal action. Therefore, clearer policies are needed to ensure a fair balance between consumer freedom of expression and corporate reputation protection, as well as the importance of consumers maintaining ethical conduct when expressing criticism on social media.

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.