Criminal Sanctions Research Articles

Illegal Logging Eradication in the Perspective of National Criminal Law and Local Wisdom of Manggarai Community

This study discusses illegal logging as an environmental problem, especially in forestry. Illegal logging is a criminal offence, especially in violation of Law Number 41 of 1999 on Forestry and Law Number 18 of 2013 on Prevention and Eradication of Forest Destruction. Illegal logging is also prohibited based on the Manggarai community's local wisdom. The prohibition is motivated by the tradition of the Manggarai community, which utilizes the forest and recognizes the roko molas poco customary ritual. The ritual aims to inform the Manggarai people that anyone who wants to take a tree in the forest must bring a new tree seedling in exchange. This ritual also shows the responsibility to preserve the forest so it is not damaged. However, there are still people who commit illegal logging. This study aims to analyze and find regulations and concepts for eradicating illegal logging from the perspective of national criminal law and the local wisdom of the Manggarai community. The type of study used is empirical legal research. This study is a novelty because previous researchers should have specifically reviewed the role of local wisdom, especially the Manggarai community, in eradicating illegal logging. The results show that the role of criminal law and the local wisdom of the Manggarai community is significant in eradicating illegal logging crimes. Criminal law regulates the provision of criminal sanctions against individuals and groups who commit illegal logging. The same thing also applies to the local wisdom of the Manggarai community, namely the roko molas poco ritual that the taking or utilization of timber forest products must not conflict with the ritual; if it conflicts, then it will be subject to customary fines. Based on this explanation, not only national law has a role in combating illegal logging, but local wisdom law also has a role.

Sanksi Pidana Penyimpangan Seksual Sesama Jenis Terhadap Anak Sebagai Korban

Same-sex sexual deviance prohibited by Article 292 of the Criminal Code is only allowed if the victim is an adult and the perpetrator is a child. In relation to the issue of LGBT sexual deviance, the author views this as an odd norm. With this background, the author can formulate two problems: what are the criminal sanctions against same-sex deviant acts committed against children as victims? and how are legal arrangements for such acts made? This research method is normative legal research. Both a statutory approach and a conceptual analysis approach are used in this research. This tactic is also called the legal approach. The study findings revealed that Indonesia passed a law regulating same-sex crimes with minors as victims in 1946. Law of the Republic of Indonesia No. 2014 No. 35 on Modification. Law 23 of 2002 mostly regulates child protection. Criminal sanctions for same-sex sexual deviance refer to some of the severe penalties that can be threatened or imposed on people who commit or assist in committing crimes listed in Article 292 of Law No. Criminal law.

Eksistensi Perlindungan Hukum Terhadap Anak Sebagai Akibat Tindak Pidana Pencabulan di Kabupaten Gianyar

Children have limitations in understanding and protecting themselves from various influences of the existing system. When children are involved in legal issues, the state must provide protection to children through laws and regulations including Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Sexual intercourse with children is an act that is categorized as rape and obscenity, and usually sexual intercourse is carried out by adults to children under the age of 15, therefore the formulation of the problem is raised, namely: 1) What is the legal protection against child victims of sexual abuse in Gianyar Regency? and 2) What are the criminal sanctions against perpetrators of criminal acts of child molestation in Gianyar Regency? This study uses an empirical research type. The results obtained from legal protection for child victims of abuse are that they have received legal protection as stipulated in Law No. 35 of 2014 on amendments to Law No. 23 of 2002 concerning Child Protection. Criminal sanctions obtained by perpetrators of child abuse are a minimum of 3 years and a maximum of 15 years in prison and a minimum fine of Rp. 60 million and a maximum of Rp. 300 million.

Criminal legal means for the glorification of the armed aggression of the russian federation in Ukraine

The article is devoted to the study of criminal law sanctions for glorification of the armed aggression of the russian federation in Ukraine (Article 4362 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine)). The author establishes that the current version of Article 4362 of the CC of Ukraine in terms of sanctions regulation has a number of shortcomings which require legislative resolution. In particular, it is necessary to exclude from Part 2 of this Article such an additional type of punishment as confiscation of property due to its inconsistency with the provisions of the General Part of the CC of Ukraine, or to increase the upper limit of the punishment in the form of imprisonment to six years in order to turn this criminal offense into a grave one. It would also be advisable to supplement the sanction of Part 1 of this Article with such a type of punishment as restriction of liberty. This would eliminate the legislative “vacuum” between probationary supervision and imprisonment. It would also be logical to synchronize the upper limit of imprisonment under Part 1 of Article 4362 of the CC of Ukraine and the lower limit of the same type of punishment under Part 3 of Article 4362 of the CC of Ukraine by setting the amount of imprisonment in Part 3 of Article 4362 of the CC of Ukraine as “three years” instead of “five years”. In addition, the analysis of judicial practice has also shown the need to rethink the types and amounts of punishment for glorification. After all, in 88 % of cases, convicts were released from serving their sentences with probation. This indicates that courts do not always perceive glorification as an offense with a high degree of social danger, and therefore, in their minds, there is an opinion that the types and amounts of punishment for glorification established by law do not correspond to the real degree of social danger. In this regard, it is advisable to reduce the amount of punishment for glorification or to move to less severe types of punishment. This will allow judges to impose real punishment instead of exemption from serving a sentence, which will increase the effectiveness of criminal law measures for glorification.

Penerapan Sanksi Hukum Terhadap Pelaku Pencabutan Penjor Sebagai Rangkaian Upacara Galungan Pada Umat Beragama Hindu di Desa Adat Taro Kelod Kabupaten Gianyar

Indonesia as a rule-of-law country has statutory regulations, relating to criminal sanctions and sentencing. In addition, some laws apply throughout the area called Customary Law, including in Bali. Perpetrators of the destruction of goods as well as religious blasphemy can be punished with the general criminal code or, in comparison with the Applicable Customary Law. This research examines 2 things: 1) How is the existence of the Hindu religious community in carrying out its obligations and legal protection for Hindu religious people in terms of Human Rights? and 2) What is the application of legal sanctions in the event of the revocation of the penjor for Hindus in the Taro Kelod Village area, Gianyar Regency? The method used in this research is Empirical Research. The purpose of this research is to emphasize the study of the protection of penjor removal victims in Taro Kelod Village, Gianyar. With the results of the study showing that a person deliberately destroys goods together and harms someone, it is possible to be subject to Article 170 paragraph (1) and Article 156A letter A concerning religious blasphemy, because the penjor being revoked is a sacred symbol and has religious meaning for Hindus.

Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia

The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community.

Application of Criminal Sanctions for Perpetrators of Tax Crimes (Case Study of Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt)

This study aims to find out and describe the mechanism for resolving the application of sanctions for tax crime perpetrators and the consideration of the Panel of Judges in applying criminal sanctions to tax crime perpetrators as stated in Case Decision Number: 213/Pid.Sus/2021/PN.Jkt.Brt where the Panel of Judges imposes a prison sentence of 2 (two) years and 6 (six) months, which is lower than 9 (nine) months compared to the Public Prosecutor's demands. The type of data in this study is secondary data. The data collection technique uses the library search method, which is to systematically study and analyze laws and regulations, books, magazines, newspapers, materials from the internet and other materials related to the object of research, namely tax crimes. Based on the results of research on tax crime cases at the West Jakarta District Court with Decision number: 213/Pid.Sus/2021/PN.Jkt.Brt with the Defendant Bambang Purwosetiyo, Judge's Consideration Based on the Testimony of Witnesses, Evidence, Public Prosecutor's Indictment and Public Prosecutor's Demands. Based on these considerations, the Judge stated that the Defendant must be declared to have been legally and convincingly proven to have committed a criminal act. In addition, during the examination at the trial, the Judge did not see that the Defendant was suffering from an illness, the Defendant was able to answer well and smoothly the questions posed to him, both by the Panel of Judges, the Public Prosecutor, thereby strengthening the opinion and confidence for the Panel of Judges that the Defendant is able to be responsible according to criminal law for the acts he committed. The judge decided to impose a prison sentence of 2 (two) years and 6 (six) months and a fine 2 x 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), while the Public Prosecutor demanded a prison sentence of 3 (three) years and 3 (three) months and a fine of 2 X Rp. 4,761,272,973,- (one billion two hundred and seventy-four million six hundred and fifteen thousand eight hundred and twenty-one rupiah). = Rp.9,522,545,946,- (Nine billion five hundred and twenty-two millionfive hundred and forty-five thousand nine hundred and seventy-three rupiah), thus the Judge's decision is 9 (nine) months lower than the Public Prosecutor's demand. There is no detailed explanation regarding the Judge's consideration in deciding on a prison sentence that is 9 (nine) months lower than the Public Prosecutor's demand.

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

Improving asset confiscation: in the quest for effective and just solutions

The quest for effectiveness in criminal law results in creating non-punitive sanctions based on evidentiary facilities and lowered standard of proof. European courts, while focusing on procedural safeguards, perceive the structure of criminal sanctions as an element of national penal policy and leave it to the national authorities. The latter may, however, be ready to sacrifice certain important aspects of criminal law, like judicial discretion or individual guarantees, for the sake of unspecified ‘effectiveness of legal regulations’. In case of asset confiscation such approach can result in forfeiture of significant quantities of property without the certainty that it actually comes from a crime. Therefore, it seems necessary to identify the framework of criminal law principles applicable to non-punitive sanctions, in order to receive – while interpreting legal provisions – an effect that is not only a (presumably) effective, but also a just solution. This paper contributes to this issue with particular emphasis on extended form(s) of asset confiscation.

An out-of-court community-based programme to improve the health and well-being of young adult offenders: the Gateway RCT.

Young adults represent a third of the United Kingdom prison population and are at risk of poor health outcomes, including drug and alcohol misuse, self-harm and suicide. Court diversion interventions aim to reduce the negative consequences of criminal sanctions and address the root causes of offending. However, evidence of their effectiveness has not yet been established. The Gateway programme, issued as a conditional caution, aimed to improve the life chances of young adults committing low-level offences. Participants agreed not to reoffend during the 16-week caution and, following a needs assessment, received individual support from a Gateway navigator and attended two workshops encouraging analysis of own behaviour and its consequences. To evaluate the effectiveness and cost-effectiveness of Gateway in relation to health and well-being of participants compared to usual process (court summons or a different conditional caution). Pragmatic, multisite, parallel-group, superiority randomised controlled trial with two 6-month internal pilots and a target sample size of 334. Randomisation between Gateway and usual process was on a 1 : 1 basis. Four Hampshire Constabulary sites recruited 18- to 24-year-old residents of Hampshire and Isle of Wight who were questioned for an eligible low-level offence. Semistructured interviews were also held with a sample of Gateway programme participants, staff and police study recruiters. Primary outcome was the Warwick-Edinburgh Mental Wellbeing Scale score at 12 months. Secondary outcomes included health status, alcohol and drug use, recidivism and resource use. Recruitment commenced in October 2019 and the trial stopped in April 2021. A total of 191 participants were recruited, with 109 randomised to Gateway and 82 to usual process. Due to an initial overestimation of potentially eligible young people and low retention rates, recruitment targets were adjusted, and a range of mitigating measures introduced. Although recruitment broadly met study progression criteria [35/50 (70%) Pilot 1: 64/74 (86%) Pilot 2], retention was low throughout (overall: data collected at week 4 was 50%: at week 16 it was 50%: 1-year 37%). Low retention was multifactorial, with one of the main barriers being difficulties contacting participants. It was therefore not possible to complete the randomised controlled trial or the health economics analyses. Qualitative interviews held with 58 individuals yielded rare insights into the benefits and limitations of this type of intervention, as well as barriers and facilitators in relation to recruitment in this setting. Despite close collaboration with the police to address recruitment and consent issues, expansion of the inclusion criteria and recruitment area and introducing other measures, the researchers were unable to collect sufficient data within an acceptable timeframe. The Gateway study was a unique endeavour to gather evidence for a potentially life-changing intervention for an underserved population. The experience gained indicates that randomised controlled trials of interventions, with a health-related outcome, are possible in this setting but point towards the need for conservative recruitment and retention estimates in this target population. Other study designs should be considered. The qualitative evaluation provided a range of valuable lessons for those seeking to design similar interventions or conduct research in similar settings. This study is registered as ISRCTN11888938. This award was funded by the National Institute for Health and Care Research (NIHR) Public Health Research programme (NIHR award ref: 16/122/20) and is published in full in Public Health Research; Vol. 12, No. 7. See the NIHR Funding and Awards website for further award information.

LEGAL STATUS AND CONSEQUENCES OF UNILATERAL DIVORCE: COMPARATIVE STUDIES BETWEEN EGYPT, JORDAN, TUNISIA AND INDONESIA

Unilateral divorce by the husband outside the court requires attention for the protection of affected women and children. This literature study was conducted to find out how the development of traditional family law implementation into modern family law in four countries, namely Egypt, Jordan, Tunisia, and Indonesia. This article is classified as literature research with a qualitative approach. The methodology used is normative and comparative legal studies. The results of this study showed that there are differences in laws and regulations in the Islamic family law environment in those countries. Divorce that is imposed by the husband is unilaterally recognized as valid in Egypt, Jordan, and Tunisia, while in Indonesia the wife can appeal or cassation against the divorce. Egypt and Tunisia impose criminal sanctions on husbands who do not meet the obligation to pay their living and home to their ex-wives, while Indonesia and Jordan do not impose any criminal sanctions. Criminal sanctions imposed in Egypt and Tunisia are the payment of a certain number of fines or confinement during a certain time. However, divorce proceedings without reporting to relevant officials in Jordan can be charged with criminal law. Therefore, the best implementation of family law related to unilateral divorce is in Tunisia. The scholarly contribution of this research to family law globally is that it offers the most ideal concept in protecting the often neglected rights of wives and children.

Criminal Sanctions Against Environmental Pollution and Damage Offenders in the Perspective of Restorative Justice

Criminal Sanctions Against Environmental Pollution and Damage Offenders in the Perspective of Restorative Justice

ANALISIS PENERAPAN SANKSI PIDANA TERHADAP MILITER YANG MELAKUKAN TINDAK PIDANA PERKOSAAN (PUTUSAN NOMOR: 35-K/PM III-17/AD/II/2022)

The analysis examines the criminal sanctions applied to a military officer convicted of rape in Decision No. 35-K/PM III-17/AD/II/2022. Under Article 285 of the Criminal Code, rape is a severe crime, and military personnel may face sanctions under the Criminal Code if their actions are not specifically addressed by military law. The research addresses two main issues: 1) Whether the criminal sanctions in this decision are consistent with Article 285, and 2) How criminal sanctions should be aggravated for a military officer found guilty of rape in this case. This normative juridical research, using descriptive analysis, concludes that the sanctions in Decision No. 35-K/PM III-17/AD/II/2022 do not align with Article 285. The judge should have imposed harsher penalties, taking into account the severity of the offense. The aggravation of criminal sanctions should have been guided by Article 52 of the Criminal Code, allowing for an increase of one-third of the original penalty.

TINJAUAN YURIDIS TERHADAP STANDARDISASI PRODUK HELM IMPOR

Business entities that carry out trade activities by importing helmets into the country without adhering to the Indonesian National Standard (SNI) is a form of violation related to Standardization and Conformity Assessment. The main issue is whether imported helmets entering the Indonesian market comply with the standardization requirements set forth in Law Nomor 20 of 2014 on Standardization and Conformity Assessment, and what sanctions are imposed on importers who violate these provisions. The study uses a normative type of research and descriptive research methods, which is then analyzed qualitatively, and conclusions are drawn using deductive reasoning. The findings indicate that business entities without an Indonesian National Standard (SNI) certificate who distribute and trade imported helmet products without being accompanied by Indonesian National Standard (SNI) standardization violate the provisions of Article 25 paragraph (4) of Law Nomor 20 of 2014. Such violations can result in criminal sanctions in accordance with Articles 65 and 67 of Law Number 20 of 2014, which include a maximum prison sentence of 5 (five) years and/or can be subject to a maximum fine of IDR 35,000,000,000.

Criminal Sanctions Against Perpetrators of Misuse of Personal Data on Money Loans Based Technology: A Study in Bantul District Court, Indonesia

Personal data protection is one of the privacy rights and human rights owned by every citizen, so that this right is guaranteed through the Constitution of the Republic of Indonesia in 1945, where with the enactment of Law Number 27 of 2022 concerning Personal Data Protection, it gives hope for Indonesia citizens related to the protection of their personal data from various forms of misuse, However, in practice, there are still cases of misuse of personal data used for money loans based technology to the detriment of the community. The purpose of this study is to find out the form of law enforcement of personal data misuse, as well as to be able to find out the effectiveness of law enforcement based on Law Number 27 of 2022. This research is a normative juridical research with a legal approach and a case approach. The results of the study are that, First, the form of law enforcement related to the misuse of personal data based on Law Number 27 of 2022 consists of administrative law enforcement regulated in Article 57 of Law Number 27 of 2022 and criminal law enforcement regulated in Article 67 and Article 68 of Law Number 27 of 2022. Second, law enforcement against perpetrators of misuse of personal data based on Law Number 27 of 2022 has not been effective because it is influenced by legal substance factors, legal structure, and community legal culture.

TINDAK PIDANA KORUPSI PENYALURAN DANA BANTUAN SOSIAL COVID-19 DITINJAU DARI FIQH SIYASAH

This study aims to determine the accountability for the criminal act of corruption in the Covid-19 social assistance fund, efforts to overcome the criminal act of corruption in the Covid-19 social assistance fund, and review of fiqh siyasah against the criminal act of corruption in the Covid-19 social assistance fund. The type of research used is normative legal research, with a normative approach and a juridical approach (siyasah dusturiyah). The data collection technique used is library research technique. The results of this study indicate that accountability for criminal acts of corruption in the Covid- 19 social assistance fund is included in the category of forms of corruption that are detrimental to the state with the intention of enriching themselves so that perpetrators of corruption can be charged with criminal sanctions or even threatened with the death penalty as stated in Article 2 of Law No. 20 of 2001 amendments to the Law of the Republic of Indonesia No. 31 of 1999. To minimize the occurrence of corruption in the Covid-19 social assistance funds, preventive and repressive efforts were carried out. The criminal act of corruption in the Covid-19 social assistance fund can be categorized as an act of betrayal of the mandate and is also an unjust act because it is a form of deviation from the objectives of sharia maqasid such as religious protection (hifdz ad-din), protection of the soul (hifdz an-nafs), protection of of reason (hifdz aql), protection of offspring (hifdz an-nasab), and protection of property (hifdz al-mal).

Law Enforcement of Environmental Agreement Violations by Business Entities

In the increasing demands for environmental protection and management which are currently increasing and require attention from every child of the nation as both policy makers and the community in general, the environmental law since the enactment of Law Number 4 of 1982 to Law Number 32 of 2009 which was then codified in the main ideas of Law Number 6 of 2023 concerning Job Creation, this is the answer to the government's efforts in enforcing environmental law to be better and more beneficial. In the application of criminal law sanctions as a result of criminal acts by reviewing and highlighting the application of law to the implementation of environmental management as an effort for environmentally sustainable development, problems regarding the consequences of criminal acts committed by Business Entities so that they can result in additional criminal penalties must be based on legal norms by paying attention to the level of public awareness and global environmental developments and international legal instruments related to the environment as well as the awareness and life of the community in relation to environmental management have developed in such a way that they need to be refined to achieve the goals of environmentally sustainable development.

Pertanggungjawaban Pidana Terhadap Terapis Gigi dan Mulut Atas Dugaan Malpraktik Medik di Praktik Mandiri

Dental and oral health service can be provided by Dental Therapists who have practice license in independent practice. The professional attitude of dental and oral therapists is applied to avoid medical malpractice which is an action or practice that is wrong or deviates from the correct provision or procedures. The formulation of the problem in this research is what criminal liability is for dental and oral therapists who commit medical malpractice in independent practice. The aim of this research is to determine criminal liability is for Dental Therapists who commit medical malpractice in independent practice. The research method used is problem approach used is the applicable law approach and the conceptual approach. The result of the research found that in carrying out independent practice, Dental Therapists found of violation of obligation which lead to criminal act, so Dental Therapists must be held criminal responsible and criminal sanctions are regulated in article 359 and 360 of the Criminal Code explains that the dental and oral therapist made a mistake (negligence) causing patients to be seriously injured or die, is threatened with a maximum prison sentence of five years or a maximum prison sentence of one year. The criminal liability of dental and oral therapists for violating obligations or committing negligence in independent practice must of course be proven in accordance with criminal law theory.The conclusion of this research, that in conduting personal practice, Dental Therapists must meet the applicable requirements, and if there ia a violation that causes harm to the patients, they must be held and face criminal sanctions.

THE OFFENSE OF SHARING ELECTRONIC DOCUMENT DISSEMINATING ELECTRONIC DOCUMENTS CONTAINING DEFAMATORY INFORMATION

The rapid development of information technology has raised concerns about cybercrime and mayantara crime, which has an impact on various aspects of life. Therefore, people who communicate on social networks must have good ethics and interact well with others because their mistakes can result in criminal sanctions. This research aims to understand criminal offenses, sanctions, and legal considerations in the dissemination of defamatory electronic documents and information. Normative juridical is used by the author in this research which means using court decisions as the basis for solving problems. Secondary data is obtained from primary data used in this research. Data for this research was collected through literature research. Qualitative data was used for analysis. Dissemination of electronic information containing defamation or Article 27 paragraph (3) of the Electronic Information and Transaction Law regulates defamation. Defamation of private electronic information is a violation of the law. In Decision No. 978/Pid.Sus/2018/PT. MDN of the Medan High Court, the judge decided that the perpetrator of the criminal offence of disseminating electronic documents and information containing insults and defamation fulfilled the requirements of Articles 45 and 27 of the Electronic Information and Transaction Law, both including paragraph (3). This research concludes that the judge has applied the provisions of the Electronic Information and Transaction Law. Future research should conduct field research related to this field.

Naked modernisation: the rise and fall of the erotic humour magazines in 1930s Turkey

This article discusses four erotic humour magazines – Piliç (Chick) (1930–1931), Bıldırcın (Quail) (1931), Çapkın Kız (The Flirtatious Girl) (1931) and Güvercin (Pigeon) (1931) – that appeared one after the other between 1930 and 1931 within the political, social and cultural atmosphere of the period in Turkey. It argues that the sudden emergence of these magazines was due to two important factors. The first factor is related to the rapidly reviving nightlife and entertainment scene in Istanbul from the 1920s onwards. The second factor is that the print media gave more space to sexual images of women to recover its sales figures, which suddenly dropped after the adoption of the Latin script in 1929. These magazines, published by well-known publishers in Istanbul and fuelled by the images in erotic magazines and postcards coming from abroad, promoted Western notions of beauty and fashion trends while glorifying monogamous relationships and sexual heteronormativity achieved through marriage along the lines of the modernist elites. This visual and textual erotica, which soon became the centre of controversy and was curbed by criminal sanctions, constitutes an important source to contribute to the literature on women's social position and sexual lives in early republican Turkey.