The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia

This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of t...

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Bibliographic Details
Main Author: Abdul Haris Nasution
Format: Article
Language:English
Published: Hasanuddin University 2019-05-01
Series:Hasanuddin Law Review
Subjects:
Online Access:http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1195
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author Abdul Haris Nasution
author_facet Abdul Haris Nasution
author_sort Abdul Haris Nasution
collection DOAJ
description This study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.
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spelling doaj.art-d0488103354f42d0878cdfbd467eef852022-12-22T03:05:13ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992019-05-0151778510.20956/halrev.v5i1.1195475The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in IndonesiaAbdul Haris Nasution0Faculty of Law, University of Sumatera UtaraThis study aims to describe the problems faced by the party who feels aggrieved or impaired by his personal rights due to media coverage. The dilemma arises because based on the legal system of the press, the media are given protection from lawsuits. This is to guarantee the position of freedom of the press in a democratic system. However, the impact that has been caused due to defamation cannot be resolved simply by using the right of reply. This study aims to explore how legal mechanisms provide justice for victims due to media behavior in line with the principle of press freedom in Indonesia. The results show that the Indonesian Press Law does not have a clear system of legal liability. The rule of conduct in the Press Law is absolutely not regulated. Thus, the right of reply that is contained in the media consciousness or "order" of the Press Council is not a binding and final decision because the Press Council's body only gives an opinion. Violation of the ethics of the press should not only have a moral sanction but also a legal sanction with all its consequences.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1195FreedomFreedom of PressPrivacy Rights
spellingShingle Abdul Haris Nasution
The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia
Hasanuddin Law Review
Freedom
Freedom of Press
Privacy Rights
title The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia
title_full The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia
title_fullStr The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia
title_full_unstemmed The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia
title_short The Right of Privacy and Freedom of the Press: The Concept of Legal Justice in Indonesia
title_sort right of privacy and freedom of the press the concept of legal justice in indonesia
topic Freedom
Freedom of Press
Privacy Rights
url http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/1195
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