Moral Sanctions Research Articles

Students' Perception of the Criminalization of Cohabitation (Kumpul Kebo) in Indonesia: From Quantitative to Normative Analysis

Living together as unmarried partners, commonly known as cohabitation or “kumpul kebo” in Indonesia, was not prohibited under the old Indonesian Criminal Code (KUHP). However, in light of Indonesia’s cultural emphasis on decency, cohabitation has recently been criminalized. According to Article 412 paragraph (1) of the New KUHP, cohabitation is now considered a criminal offense, punishable by a maximum fine of thirty million rupiahs and imprisonment for up to six months. This legal development sparked significant reactions among university students, who voiced their concerns during protests against the New KUHP. Debates continue regarding the legality of cohabitation, prompting this study to investigate the perception among students in Jambi Province regarding its criminal status. The findings indicate that 55.3% of the 340 respondents from local universities believe cohabitation should not be illegal. They argue that ethical considerations are more pertinent, suggesting that societal and moral sanctions against offenders suffice. Those who contest such views may resort to customary law for civil proceedings against offenders they deem to have transgressed societal norms

Religious Influences in Penology: Tracing the Journey of Penology from Ancient Religious Texts to Modern Legal Provisions in India

This article is the culmination of two things; the first as an answer to the curiosity that the authors had regarding religious punishments and their legal as well as moral sanctity. The second is an attempt to understand punishments in different religions, especially Hinduism, Buddhism, Jainism, Sikhism, Islam and Christianity and contrast it with the findings of modern penology. The theoretical understanding of penal methods is contrasted with the punishments prescribed in various religious texts and ancient as well as medieval codes of punishments. The article traces the journey of penology from among the ancient practices to the culmination of modern-day punishments. The journey of the evolution of different methods of punishment as a means to bring order to society and the relevance of the modern jurisprudence of penology is discussed in detail. The article is focused on bringing a clear distinction among the reasons for punishments. The need and necessity for substituting modern positivistic aspects of punishments instead of the moral aspects of punishments as prescribed in the religioun are discussed and elaborated in this article.

Perspectives on Gender and Inequality

Societies within them are unequal in certain respects or the other. A host of factors in the economic, social, political, and cultural realms contributed to this inequality. For instance, misconceived economic posture generate deprivation depending on defective distribution of wealth and control of the means of production at its disposal. Impoverished social conditions, a direct fall out of wrong economic structures, may drive the poor to extreme periphery of an unbecoming social life, resulting in marginalization. They lose asset base, lack amenities, and fail to meet the required standards of education, health, nutrition, and opportunity for a healthy lifestyle. Centralized power, exercise of political control, and curtailing civil liberties limit human rights and induce a rationale for discrimination. Culture on its part is subject to value erosion impacting social life more so in a hierarchical society. Unfair economic structures legitimized by the state political apparatus may results in endorsing a degraded culture with moral sanctity. It is essential to study inequality through this frame of reference of vulnerability created by multiple factors at interplay in any society. This study aims to probe into the factors contributing to inequality, from a vulnerability perspective of multiple causation. It applies the vulnerability perspective in the study of gender inequality to identify major factors of causation The first of these are extrinsic factors while the other two are individual-centric. The factors of causation discussed here are Tradition, Religion, Role, and Sexual Identity.

Limitations of the Use of Social Media in Notary Positions Reviewed from the Notary Code of Ethics

The use of social media as a platform for notaries to publicize their work is increasingly rampant in today's digital era. However, there are several limitations that need to be considered, and many notaries are deemed to have violated the code of ethics and applicable legal regulations. This research aims to identify the limitations in the use of social media for notaries and the legal consequences if notaries promote themselves on social media. The research method used is doctrinal research with a normative juridical approach, involving an analysis of laws and regulations, the notary code of ethics, and related case studies. The results of the study indicate that the activities of using social media for notaries have restrictions, such as the prohibition on publishing or promoting themselves by listing their positions. Violations of these limitations can result in moral sanctions or legal sanctions. These findings have important implications for notary practices and regulatory enforcement in the digital era.

The Plague Check: Population Culling as Pandemic Realpolitik

The COVID pandemic presented a bioeconomic opportunity to re-entrench extant differences (racial, sexual, ethnic, religious, or otherwise) and to escalate the ongoing engineering of imagined communities. This paper examines how this general paradigm unfolded in India’s lockdown of March 2020, and the consequent “long walk home” for migrant laborers. Narendra Modi’s decision exemplifies an autoimmune drive that splits the national body-politic into a visible citizenry, groomed as electorate, and the teeming masses, marked as threat and slated for expulsion from a unified body politic. Such a drive draws on moral and science-based sanctions for rationalizing what Christina Sharpe has named premature and preventable deaths. The moral sanction draws psychic force from dominant cultural symbols that mystify, sometimes sacralize, the body politic (Modi’s “Lakshman Rekha metaphor), while science-based biosecurity measures sort and segregate populations for the management of health. Plotting Malthusian historical resonances between war, famine, and disease, I characterize the Modi regime’s readiness to countenance migrant deaths as a “population culling” that is, unfortunately, an iterative feature in the archives of global pandemics.

Pertanggung Jawaban Notaris Terhadap Penerbitan Covernote Ditinjau Dari Perspektif Undang-Undang Jabatan Notaris

A covernote is a statement letter containing the notary's ability to carry out what the debtor wants. The notary has full responsibility for the contents contained in a cover note. Covernotes are not textually part of the authority of a Notary, this is interesting to study in more depth regarding the form of notary responsibility for the covernote that has been made. The research method used in this research is a normative juridical method. The conclusion obtained is that covernotes are not part of the authority of a notary as regulated in the Law on the Position of Notaries, but are a habit that grows and develops in society and is made into customary law. So that the notary's responsibility regarding the covernote that is made can be called for criminal, civil or moral sanctions imposed by the community.

The influence of transphobia, homonationalism and anti-Asian prejudice: Anti-BL attitudes in English-speaking fandoms

In recent years, hostility towards Asian boys love (BL) media and fans in western English-speaking fandoms has been growing. This has manifested in anti-BL and anti-fujoshi anti-fans, many of whom express the general notion that queer western media is morally good and queer Asian media is morally bad. This division has encouraged a dehumanizing environment and some of these anti-fans consider their prejudiced behaviour morally justified and necessary. Their proposed aim is to maintain the moral sanctity of LGBTQ+ representation in their western English-speaking fan spaces. This article explores what drives this division and how BL and fujoshi specifically came to be so vilified in parts of LGBTQ+ western English-speaking fandom. The origins of this growing desire for LGBTQ+ moral sanctity in western English-speaking fandom are critiqued and how anti-trans gender critical beliefs in online communities came to affect western English-speaking fans’ perceptions of BL and fujoshi is revealed.

Нарциссическая культура и проблема политической легитимации

The work continues the rethinking by the authors of the phenomena of changes in education, science and the structure of power in the 21st century within the framework of the philosophy of culture. The concepts of “carnival” according to M.M. Bakhtin, “the soul of culture” according to O. Spengler, Dionysianism (and neo-paganism) by F. Nietzsche are used for this work. The central problem of this study is the legitimation of the political regime of liberal democracy in the context of a narcissistic culture. The latter, due to its internal characteristics, does not allow the existence of any internal authority, the approval of which would provide a moral sanction to the rule of certain political actors. History provides several options for the ontology of the legitimation process. The fi rst of them are associated with the priesthood that existed in the conditions of the domination of pagan culture, the Abrahamic religions that replaced it developed their own sacred mechanisms for granting sanctions to power. The most important shift occurs during the Modern: mass culture is forming, the role of moral authority is shifting from priests to scientists. To achieve legitimacy, political actors must ensure the progress of society on the basis of new advances in science and technology. The legitimacy is also challenged with the help of scientifi c argumentation – the authorities are presented with claims of erroneous technical and economic decisions that have entailed negative socioeconomic and/or environmental consequences. An extreme but signifi cant case is the challenge of scientifi c foundations of politics, as was the case in the case of Soviet Marxism. Expanded reproduction of science and education in the 20th century erodes the former exclusivity of the scientifi c elite and at the same time eliminates the scientist mechanism of political legitimation. The situation is reversed: now, in order to continue pursuing science and education, the former authorities must prove their usefulness to the authorities and society. But the same thing happens with the authorities themselves: offi cials and deputies turn into “servants of people” and explain their necessity to society with the help of representatives of the humanities. They do not rule anymore but produce public goods in exchange for taxes. Bakhtin’s carnival is triumphing. The regime of liberal democracy that ensured the protection of rights of minorities is close to narcissistic culture, in the center of which is the need for freedom and self-realization of the individual. At the same time, however, any authority – political or scientifi c – has a conditional legitimacy here. The proportion of partisans is growing – actors who recognize the legality of the existing social order but deny its internal justice. Fragility and instability are inherent in liberal democracy. The longevity of such a political regime is ensured by the rise of neo-paganism. Unlike previous pagan cults there is no separate social group of sacrifi ces. Thus, the problem of legitimation is removed: what is already there automatically becomes legitimate. With the help of the liberal discourse, each individual political personality is instilled that it has all the full rights, and the state is left with only responsibilities for the service of this personality: this is the uncontested meaning of Fukuyama’s ‘last man’.

The Contestation of the Malay Marriage in Kepulauan Riau Based on Maqāṣid Sharīah Perspective

This paper discusses the Malay marriage procession that must be followed by the Malay indigenous people in Kepulauan Riau, because there are moral sanctions if they do not follow applicable customary law. In this study, the problem is examined from the maqāṣid sharīah perspective. The research method used is a qualitative research method in the form of field research. While the nature of the research is descriptive-philosophical, with data sources divided into two, namely primary data sources and secondary data sources. In collecting data, the methods used are observation, interviews, and documentation. The results of this study found that in maqāṣid sharīah perspective, the Malay marriage procession in Kepulauan Riau must be seen based on the level of urgency, namely dharuriyyah, hajjiyyah and tahsiniyyah. If viewed through maqāṣid sharīah perspective, the Malay marriage procession in Kepulauan Riau is something that is characteristic tahsiniyyah. This is because the Malay marriage procession in Kepulauan Riau only serves as a support for increasing a person’s association in society and as a mere form of obedience.

Jeremy Bentham’s Theory of Moral Sanctions

The study deals with the content and transformations of Jeremy Bentham’s theory of sanctions and its role in the development of the contemporary understanding of how moral regulation works. In An Introduction to the principles of morals and legislation, Bentham defines sanction as a type of pleasure and pain that gives the binding force to some law or rule and mentions four sanctions: physical, political, popular, or moral, and religious. The popular, or moral, sanction rests on such a motive as ‘the love of reputation’. Unlike the motive of ‘good-will’, ‘the love of reputation’ has some drawbacks that lessen its general efficiency and its contribution to the fulfillment of the principle of utility. Though the development of civilization makes them less dangerous. In the Deontology, two more sanctions were added: sympathetic (the pain generated by the contemplation of the pain suffered by a fellow creature) and retributive (the pain caused to a perpetrator by retaliatory actions of his/her immediate victim). The renewed typology of sanctions is discussed by Bentham in the context of the activity of a moralist, or a deontologist. There are two main interpretations of moral sanctions in the contemporary ethics: ‘the moral sanction as a public condemnation of a perpetrator’ and ‘the moral sanction as a self-condemnation of a perpetrator (his/her feeling of guilt, pricks of conscience)’. Bentham was a major figure in the development of the first interpretation. However, his extended typology contributed to the development of the second. Bentham’s sympathetic sanction in the case of ‘pains of sympathy’ that experienced by a perpetrator and caused him/her by pains of his/her victims is not identical to a guilt-feeling but can work without a public condemnation.

Connecting infertility beliefs with viewership of teen pregnancy media: the role of morality in understandings of fertility

ABSTRACT Popular media often contain storylines focused on pregnancy and infertility. These storylines have the potential to perpetuate stigmatization related to these issues. According to the differential susceptibility to media effects model (DSMM), lay infertility beliefs could serve as either predictors or outcomes of pregnancy-focused media viewership, with moral sanction theory and cultivation theory supporting competing hypotheses. Further, viewership could impact fertility awareness, meaning knowledge of physiological and medical factors related to fertility. The current study tested how viewership of 16 & Pregnant and Teen Mom is related to infertility beliefs and fertility awareness in an online survey. Participants (N = 990) were on average 39.5 years old, 53.9% female, 77.9% white, and 38.9% had more than a high school degree. Structural equation modeling revealed that infertility beliefs served as predictors, but not outcomes, of viewership. Participants with the stigmatizing belief that infertility is caused by being immoral, ungodly, or unmotherly/unfatherly were drawn to 16 & Pregnant and Teen Mom. However, the outcome of viewership was improved knowledge of the biological/medical aspects of fertility. Although scholars have cited concerns about 16 & Pregnant and Teen Mom, findings suggest that viewing these programs could have educational benefits beyond reducing teen pregnancy.

Monitoring of the Tolitoli Regency Bawaslu on Violations of the Neutrality of the State Civil Apparatus in the Implementation of the 2020 Regional Head Elections

Neutrality is a principle that must be obeyed by all civil servants. However, several ASN’ in Tolitoli Regency were proven to have taken non-neutral actions towards pairs of Regional Head candidates in the 2020 Pilkada. The purpose of this study was to analyze how the monitoring of ASN neutrality in the Tolitoli Regency Pilkada resulted in violations. This study used empirical normative methods with qualitative descriptive analysis, namely studies laws that view law as principles, norms and their application in practice in society, produce descriptive data in the form of research notes or data found in the field. The results of the study revealed the lack of neutrality of ASN in Tolitoli Regency as evidenced by violations and facts on the ground, that violations of the principle of neutrality committed by ASN were due to weak sanctions achieved, there were still ASN’ who could not understand in detail the rules of neutrality regarding how to act neutrality. Perpetrators of violations are only subject to moral sanctions and are given administrative action in accordance with statutory regulations. In fact, this punishment did not make ASN afraid to commit violations and there were even ASN employees who received two KASN recommendations

Mobility guilt: digital nomads and COVID-19

This article examines how digital nomads (generally defined here as those from the Global North working remotely without a permanent home) reacted to the COVID-19 pandemic. Using social media data and 37 in-depth interviews with digital nomads from 16 countries, it argues that many in this group continued traveling to maintain their identity and avoid border closures and lockdowns. The article explores how they rationalized their mobility while navigating feelings of guilt, avoidance of shame, and deflecting accusations of geographical and epidemiological selfishness. New geopolitical conditions created both barriers and travel loopholes, with participants therefore attempting to maintain their group identity through movement while also limiting their social media participation to avoid moral sanction. Drawing on Mimi Sheller’s work on mobility justice, the article closes by demonstrating how mobility guilt may be a phenomenon that outlasts the pandemic.

МОРАЛЬНЕ ВІДЧУЖЕННЯ ЯК ПСИХОЛОГІЧНИЙ ЧИННИК КОРУПЦІЇ

The purpose of the study is to consider moral alienation as one of the psychological mechanisms used by corrupt officials to justify their actions. Research results. The article examines the general mechanism and components of the alienation of moral responsibility, as a phenomenon that is constructed in the experience of a corrupt person and protects his self-esteem at the expense of not applying internal moral sanctions to himself in the conditions of opposing his own behaviour to generally accepted moral norms. The existence of a cognitive mechanism that reinterprets morality in a person in such a way that moral self-regulation is blocked or even does not work has been revealed. Alienation of moral responsibility is presented as an important psychological construct, the application of which to the description and explanation of such a socio-legal phenomenon as corruption is productive and useful for predicting corrupt behaviour. Conclusions. Foreign studies were analysed, which show various contexts of corruption implemented in recent years; a grouping of the collected scientific material was carried out, taking into account the great heterogeneity of the presented works, and those of them were singled out, which reveal precisely the psychological perspectives of the given topic; the largest thorough empirical studies are analysed; a synthesis of the obtained material was carried out and further possible directions of scientific research were determined. Key words: justification, cognitive reconstruction, corruption, moral selfregulation, moral alienation, moral standards.

Platformed cultural production and calibration in the Covid-19 pandemic

The COVID-19 pandemic created a period of social and economic crisis that introduced two distinct problems for social media influencers. At the same time that the pandemic made their work economically precarious, it also made their work morally hazardous, as large-scale human suffering made influencers’ lifestyle promotions appear out of step with their audiences’ day-to-day experiences. How did influencers and the personnel they work with organize their labour to navigate uncertainty and avoid moral criticism? Drawing on 40 in-depth interviews with fashion influencers as well as the industry personnel they work with, I explain how influencers and those close to them respond to and combat issues of uncertainty and change during a period of crisis. I pair this interview data with a year-long online observation of influencers’ labour online. In a calibrated move from aspiration to authenticity, influencers stressed the ‘ordinary’ and ‘everyday’ qualities of their lives during the pandemic, evading moral sanctions against profit-making. Throughout, they leveraged their tentacular connections with audiences to refine content in step with shifting demand and desire online, maximizing their market reach and annual revenue.

Moral Responsibility, Moral Sanctions, and the Value and Normative Content of Morality

The paper deals with the problem of the role of moral of sanctions — an expression of retrospective moral responsibility — in the moral experience. Moral sanctions are negative consequences of a moral transgression or deviation that spring from their condemnation. This kind of sanctions includes public censure and self-censure. The author tries to establish whether the all content of morality is supported by moral sanctions. The first object of the analysis are moral norms (rules, requirements) creating obligations. There is an interesting precedent of splitting apart obligations and sanctions in H. Hart’s philosophy. Though Hart overlooks “the conceptual intuition that something can be genuinely obligatory only if those who are obligated can justifiably be held responsible or accountable for compliance” (S. Darwall). This intuition is deeply rooted in the moral consciousness and ethical thought (the most vivid examples — S. Pufendorf and J.S. Mill). But moral norms (rules, requirements) creating obligations are not the only element of the content of morality. Moral values have a capacity to influence the behavior of an agent not through norms (rules, requirements) but directly. R. Nozick supposed that there is a special type of sanction in this sphere (the so called “value sanction”). The author shows that it is not a sanction proper. The main conclusion of the paper is as follows: the moral space without sanctions and retrospective responsibility is the space there moral values influence the behavior of an agent not only directly but without overlapping with moral norms (rules, requirements). Supererogation fits the bill perfectly.

Implementation of the Civil Servant Code of Ethics in the Blitar City Regional Secretariat

This research aims to describe and analyze the implementation of public services and the inhibiting and supporting factors inimplementing the civil servant code of ethics based on Mayor Regulation 8 of 2017 concerning the civil servant code of ethicswithin the Blitar City Regional Secretariat. The location of the research was carried out at This research was carried out at theRegional Secretariat of the City of Blitar, which islocated in the City of Blitar. The results of the research found that the study showed that the application of the civil servant code of ethics could be implemented quite well by the state apparatus in theRegional Secretariat but could have been more optimal. Enforcement of the Code ofEthics for employees who commit violations can be subject to moral sanctions made in writing and stated in a closed or open manner by the Civil Service Development Officer and administrative sanctions such as verbal reprimands. The inhibiting factor in applying this code of ethics is that employees need more discipline and awareness. At the same time, the supporting factors are the Blitar Mayor Regulation number 8 of 2017concerning the Civil Servants Code of Ethics, which can be a reference or guide in implementing it.

The nature of obligation in the views of J. St. Mill and J. Austin

The article is devoted to the analysis of the nature of obligations in the light of the views of certain thinkers of utilitarianism and positivism, namely: J.St. Mill and J. Austin. The author emphasizes that the utilitarian vision of J.St. Mill, first of all, connects obligation not so much with the desire to maximize good in society, but with minimizing harm from the actions of individuals. The obligation is characterized by compulsion to certain socially useful actions, for failure of which the individual may be held liable. At the same time, he is obliged to refrain from everything that harms others. Therefore, an obligation is what can be demanded from a person. According to the thinker, the sphere of moral obligations includes rules that determine exactly those obligations that society has approved for fulfillment. The criterion of the correctness of our actions is the extent to which they contribute to the achievement of happiness - the highest goal of human aspirations. The motives for fulfilling moral obligations are the so-called external and internal moral sanctions. According to J. St. Mill, justice involves not only the obligation to do right (and not to do wrong), but also the demand of certain persons regarding what they have a moral right to do.
 At the same time, the teaching of J. Austin (the so-called theory of orders) regulates a strict concept of obligations that permeates the entire legal system. The obligation is embodied in an order, implemented through the law, provided with a sanction. The sanction is a necessary element of the law, in its absence the binding effect of legal norms loses its force. The English scientist somewhat radicalizes the doctrine of obligations: the existence of rights is possible only due to the existence of obligations. The fulfillment of a obligation is the fulfillment of the will of a person (God, a sovereign or a private individual) who possesses power (supremacy). It should be noted that only in the context of religious obligations, which derive from divine laws, the scientist talks about the motivation of fulfilling obligations - the greatest happiness for all people. In the remaining cases, the implementation of the orders of superiors by inferiors is assumed to be uncompromising and does not take into account the will of the individual. Society becomes a community of people in which obligation reigns, thanks to which development and provision of good for all is possible.

Moral Sanctions: Two Traditions of Understanding

The paper is aimed at providing general outlines of the more than two-century history of the theory of moral sanctions. It rests on a thesis about unity of all disciplines studying morality. The aim of the paper has been achieved trough an analysis of how some basic concepts were borrowed and basic ideas were transformed. The first tradition links moral sanctions with public condemnation. Some of its adherents simply identified public condemnation with moral sanction. This opinion prevailed until the middle of the XXth century. Later it was suggested that a sanction becomes genuinely moral only when a transgressor herself is sensitive to condemnation because she recognizes that she deserves it and feels shame, guilt or remorse. It means that an external side of the sanction has to be complemented by an internal one. The first tradition presupposes a deep and thorough analysis of an external side of the moral sanction, i.e. various forms of sanctioning behavior (avoidance, censure, denunciation, reproach, scolding etc.) The second tradition was initiated by J.S. Mill and H. Sidgwick, it includes among moral sanctions the very negative emotions of self-appraisal. For adherents of this tradition, model and most important moral sanctions are internal: guilt and remorse. Characteristics of internal (autonomous) and external (heteronomous) sanctions were established in the XXth century anthropology. Later this distinction became current in the contemporary ethics.

Evaluation of Erzurumlu Ibrahim Hakkı's Views on Human Nature

Erzurumlu İbrahim Hakkı, who has produced works in different fields, wrote the work called Mârifetnâme, which made significant contributions to the awareness of the public on moral issues. İbrahim Hakkı evaluated moral sanction in the context of the Qur'an and Sunnah and wrote his work in a way that would guide the society's virtuous life intentions. When we look at the subjects of the work, it is noticed that the effect of religious tradition and culture on the development of moral thought is emphasized and it is written in a way that basically supports the inseparability of morality and religion. On the other hand, it is seen that his views on morality shed light on the practical side of the issue rather than the theoretical side, and his views are more suitable for moral theories based on religion. This article focuses on Erzurumlu's approach that tries to recognize and explain human nature, especially through temperament. According to him, temperament can give practical benefits about human nature and it is possible to benefit from it in the regulation of social relations.