Papers by Manunggal K. Wardaya
Journal of Dinamika Hukum, Mar 30, 2022
Revenge porn refers to the distribution of sexually explicit images without the consent of the pi... more Revenge porn refers to the distribution of sexually explicit images without the consent of the pictured individual, in most cases, this happens when someone decides to end the relationship with their partner, the partner who refused their decision then threatens to spread their sexually explicit images on the internet. So far, the existing legal system only accommodates aspects of criminal prosecution for non-consensual pornography offenders. However, if we conduct further observation, the protection that is most needed by the victims is how to reduce the negative impact of this which can harm their future. The right to forget is a right that gives a person the right to delete their data from search engines and other directories under certain circumstances. In a general context, this right is still problematic to adopt because it can threaten the rights for freedom of speech. However, in the context above, this right may be important to be applied for the protection of someone against mistakes made under the age of age. Convention on the Rights of the Child articles 16 & 40 (2) (b) (vii) as explained by the children's rights committee in General comment no. 10 (2007) on Children's rights in juvenile justice in the "Full respect of privacy" section guarantees the rights of child perpetrators of criminal offenses to be kept secret, even in the Beijing rules article 21.1 & 21.2 regulate to avoid stigmatization and/or prejudice or to increase penalties then the record of child offenders is not may be used in subsequent cases when the child is an adult.
Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia, 2022
The existence of gender responsive laws and regulations in various fields is one of the fundament... more The existence of gender responsive laws and regulations in various fields is one of the fundamental efforts to resolve various problems of gender injustice, such as violence against women, poverty, HIV/AIDS, and reproductive health. Gender responsive laws and regulations drafting is not simple, gender parameters are needed in the formation of laws and regulations. Gender parameters in the laws and regulations drafting are an essential effort to obtain an analysis tool from a gender perspective. The government through 3 ministries, namely the Ministry of Home Affairs, the Ministry of Law and Human Rights, and the Ministry of Women Empowerment and Child Protection published a guideline on parameters for gender equality in laws and regulations drafting. However, the equality parameter has not been applied in the laws and regulations drafting, both at the central and regional levels, including in Purbalingga Regency. This is due to the gender equality parameters are published in the form of a guidebook, not a law, which must be complied and implemented by legislators as policy makers. The Purbalingga District Government only refers to Law No. 23 of 2014 on Local Government and Law No. 12 of 2011 on the Establishment of Laws and Regulations. The central and regional governments themselves have not conducted any socialization or training related to the formation of gender responsive laws and regulations. Moreover, there are still no such legislative drafters whose attended the training on gender responsive laws and regulations drafting. From the budget perspective, there is not an adequate budget yet for the formation of gender responsive legislation. In the formation of local government regulation, not all of them are supported by an adequate budget. Some of these local government regulations are not supported by the budget in their preparation. Thus, academic papers as a reference for the gender responsive laws and regulations drafting have not been made.
Jurnal Dinamika Hukum, 2013
The end of the government of Orde Baru that tends to be more authoritharian has emerged the trans... more The end of the government of Orde Baru that tends to be more authoritharian has emerged the transformation almost in all government hierarchy. The most important transformation is in the material contains or substantive of 1945 constitution, whether material that has been erased, revised or new material. Material contain of the 1945 constitution is the result of the amendment such as the Human Right. The regulation about human right before amendment 1945 constitution regulated as right and duty of the republic citizen in Indonesia that contains the values of human right and regulated in the article 27 to article 34. The regulation of human right after amendment of 1945 constitution regulated in article 28A to 28J. The regulation about the human right based on the Law Number 39 Year 1999 concerning the Human Right. It explain there is no right in Indonesia that has the absolute power and unlimited. Human Right is not the right that has the absolute characteristic. In the implementa...
and Maman in Woerden. My deepest gratitude to Joshua Oppenheimer the director of 'The Act of Kill... more and Maman in Woerden. My deepest gratitude to Joshua Oppenheimer the director of 'The Act of Killing' and 'The Look of Silence' for his support in the screening of his fabulous movies in Nijmegen. Thank you also to my Dutch friends; Dennis van Ippel, Theo van Kalleeven, Dick and Guus Rommer, Matt Kremers, and Anton van Deursen for their hospitality and kindness. They were always around when I had problems and when I just needed a companion to drink coffee with, which made me feel like I had a family in the Netherlands. Some people in Indonesia whom I wish to thank for their help and support every time I needed it;
Veritas et Justitia
The COVID-19 that spread in early 2020 made countries all over the world declare a state of emerg... more The COVID-19 that spread in early 2020 made countries all over the world declare a state of emergency. In the context of Indonesia, President Joko Widodo declared COVID-19 as a type of disease that causes a public health emergency through Presidential Decree Number 11 of 2020 on March 31, 2020. This study aims to find out the status of public health emergencies from the perspective of Indonesian constitutional law. Furthermore, this research also aims to find out how the state's authority in limiting human rights in public health emergencies is according to human rights law. In its analysis, this research uses a normative juridical method with a statutory approach and a conceptual approach. The results obtained indicate that the status of public health emergency as stated in Presidential Decree Number 11 of 2020 is different from the state of emergency as stated in Article 12 of the 1945 Constitution. As for the limitation of human rights, the state has the authority to limit th...
Jurnal Konstitusi
The Constitutional Court’s decision state that the authority to examine Perpu is a positive new d... more The Constitutional Court’s decision state that the authority to examine Perpu is a positive new development in constitutional law not just Indonesia that not only binds the parties, but the jurisprudence of the constitutional law in Indonesia, with the decision, to the possibility of abuse of power through Perpu and systemic weaknesses in the UUD 1945 in overseeing the president is to be anticipated product which itself also will give more legal protection for the seeker of justice, the ruling which states the The Constitutional Court’s authorities to examine Perpu in testing comes as the functioning of the judiciary as an organ which not only uphold the law but also justice, by therefore, the decision was inspiring for judicial power in Indonesia to capitalize on his power to find justice.
ndepth Publishing, Oct 1, 2014
Mimbar Hukum, 2010
Human rights enforcement is one improperly- accomplished agenda in this post-1998 democratisation... more Human rights enforcement is one improperly- accomplished agenda in this post-1998 democratisation. Severe human rights violations such as 1965 Tragedy remain obscure, nonlitigation resolution (e.g. recognition and compensation) is considered the best solution. Recognition also is a form of respect to human rights and a stepping stone to resolve other tragedies. Penegakan HAM merupakan salah satu agenda demokratisasi yang belum sepenuhnya tercapai. Pelanggaran-pelanggaran HAM berat seperti Tragedi 1965 masih belum jelas sehingga penyelesaian nonlitigasi (pengakuan dan kompensasi), dianggap sebagai solusi yang terbaik. Pengakuan tersebut merupakan bentuk tanggungjawab untuk menghormati HAM dan menjadi batu loncatan untuk mengungkap tragedi HAM lainnya.
PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH, 2020
This article discusses three key questions, namely, first, what and how is the development of pol... more This article discusses three key questions, namely, first, what and how is the development of policies and legal umbrella that can support the Central Government in the implementation of the Aceh TRC? Second, how can the institutional institution of the Aceh TRC and the Human Rights Court as a mechanism of justice strengthen mutual protection of human rights for victims and their families? Third, how to build strong legal relations between state institutions to strengthen the TRC's recommendations regarding reparations? Produced from a research process and focus group discussion, this article encourages a number of legal policy developments that are oriented as a solution to the limited efforts to protect and fulfill victims, especially in relation to reparations and restoration of their rights. Also, emphasizing the legal position of the basic national legal political context is re-associated as a reminder of the marwah of the Helsinki MOU for the future of Aceh. Abstrak: Artik...
Jurnal Dinamika Hukum, 2011
The development in information technology influences many aspects of human life including news me... more The development in information technology influences many aspects of human life including news media. Various definitions in media have encountered significant changes and cannot anymore be us-ed. Press Law as a main regulation of news media Indonesia is no exception. Its relevancy is now be-ing questioned and even challenged when it fails to adopt with the changes in society. This article believes that the amendment of Press Law should be done so that it will be responsive towards the need of the constantly-changing society. Keywords: information technology, media, press, citizen journalism
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Papers by Manunggal K. Wardaya