Public Decency Research Articles

LGBT In Criminal Code: A Dialeectics Of Morals And Human Rights From Prophetic Legal Perspective

The existence of LGBT individuals in Indonesia remains a contentious topic in society due to the perceived deviation from social norms in their orientation and behavior. Opinions on how to address LGBT individuals vary greatly, with some supporting their rights and others opposing them based on differing interpretations of human rights and moral and religious values. One prevalent discourse is to criminalize LGBT behavior as a violation of public decency in the reform of the Criminal Code. However, problems arise due to the lack of clarity in regulations and how to address the group from moral and human rights perspectives. This paper will discuss the ratio legis of LGBT regulation in national criminal law with human rights and morality variables, using the perspective of prophetic law. The data collection method is a library research model, and secondary data is used with descriptive-qualitative analysis techniques. The study found that the inclusion of LGBT elements in the national criminal law reform is a preventive measure taken by the state to curb the potential impact of LGBT on society. However, it is important to note that this reform is limited to criminal acts of decency and does not imply an implicit prohibition. It is crucial to maintain public morality without discriminating against any particular group. The principle of human rights and morals in Indonesia is based on Pancasila, which serves as the philosophical foundation and the ideals of national law. Therefore, LGBT sexual orientation and behavior are not accepted. The regulation of LGBT in the Criminal Code reaffirms the basic principles of the state built on the Almighty God and considers the legal system holistically, not limited to the principle of legal positivism, but also including morals as the substance of law.

Juridical Review of Criminal Acts of Public Decency by the Military (Decision No. 07-K/PM.III-12/AD/I/2020)

The crime of adultery committed by the military is tried using general criminal provisions because adultery carried out militarily, as in the case of Decision No. 07-K/PM.III-12/AD/I/2020. The formulation of the problem in question is are the actions of the defendant in the crime of adultery by Article 281 paragraph (1) of the Criminal Code or Article 284 paragraph (1) of the Criminal Code? (Decision No. 07-K/PM.III-12/AD/I/2020) and how is the punishment of the military for committing the crime of adultery? (Decision No. 07-K/PM.III-12/AD/I/2020). This research was conducted using normative juridical research type with descriptive-analytical nature with secondary data which was analyzed qualitatively, followingand a conclusion was drawn based on deductive logic. The results of the research show that the actions of the defendant are not in accordance with the provisions of Article 281 paragraph (1) of the Criminal Code because the actions of the perpetrator should be included in the Crime of Adultery based on Article 284 paragraph (1) to 2a of the Criminal Code and the punishment given to the perpetrator is not appropriate which the defendant should be declared free from all legal charges (Onslaag van Alle Recht Vervolging).

Obscenity Law In India And Artistic Freedom: A Critical Appraisal From The Perspective Of Public Morality And Public Decency

Obscenity Law In India And Artistic Freedom: A Critical Appraisal From The Perspective Of Public Morality And Public Decency

"Sanitation and Ventilation as required in a Modern House": a review of by-laws in the 1890s relating to toilets in New Zealand Housing

Good public sanitation has a long history in New Zealand, with Joseph Banks recording on 21 October 1769: "Every House or small knot of 3 or 4 has a regular necessary house where every one repairs and consequently the neighbourhood is kept clean." Although piped water was in main city centres (e.g. Dunedin, Wellington) by the 1860s, it was not until the 1880s that it became common in houses. By the 1890s "earth" or "water" closets were built onto laundry outhouse or at the farthest corner of the garden. As the population of cities increased, public health issues became more important, requiring the introduction of by-laws. As well as issues of sanitation, the by-laws were concerned with fire and public decency. The paper will review the evolution of council by-laws dealing with privies and toilets in Wellington in the 1890s.

DIGITAL CIVILITY INDEX IN THE ERA OF INFORMATION TECHNOLOGY: A CASE STUDY OF HIGHER EDUCATION MUSLIM STUDENTS IN YOGYAKARTA

Globalization that occurs requires people to be literate about technology. This should not affect the public in using the internet. This research is a descriptive research through interview, surveys, and observations with Muslim students at universities in Yogyakarta as research subjects. Compared to other countries in Asia, Indonesia is the most impolite country based on a survey conducted by Microsoft. This figure is higher when compared to the previous year. The amount of hoax and fraud news influences the level of public decency. From the resulting sample, as many as 20% have spoken harshly on social media and the other 80% have never, this difference is influenced by the environment around each youth which is different. With the majority of Muslim students not being able to say impolite sentences, it needs to be maintained, whereas if they still say harsh sentences/discrimination in cyberspace, it needs to be minimized through cooperation by all levels of society, from families, schools to government agencies.

Aspects of Arbitral Awards in the Indonesian Justice System: Historical and Theoretical Review

This study aims to analyze aspects of arbitral awards in the Indonesian justice system from historical and theoretical perspectives. The Arbitration Law confirms that arbitral awards have the same legal force as court decisions. The method used in this research is normative legal method. This legal method focuses on the analysis of existing legal norms, including statutory regulations, court decisions, legal principles, and other legal documents in this context, namely, aspects of arbitral awards in the Indonesian justice system. The results of the study show that the implementation of the arbitral award by the parties must be seen as a consequence of choosing arbitration to resolve the dispute, it is the parties who choose their own judges, even for their choice of law, then the implementation of the arbitral award is consciously a necessity of the parties themselves. Arbitration awards can be annulled in the justice system in Indonesia as a form of protection for justice and legal order. Grounds for annulment of an arbitral award, as provided for in the Arbitration Act, may include a breach of procedure, the incompetence of the arbitrator, or an award that violates decency or public decency. Arbitration awards are an important tool in the dispute resolution system in Indonesia, especially in the business and investment sphere.

The Effect of Perceived Anonymity on Online Transgressions: The Moderating Role of Moral Excuses

With the development of science and technology, the use of the Internet is becoming more and more widespread. However, with the popularity of the Internet, some problems have gradually surfaced. The anonymity of internet use has become a breeding ground for many acts that are contrary to public decency, and this study is conducted against this background. This study explored the impact of perceived anonymity on online transgressions and investigated the moderating effect of moral excuses. A total of 414 subjects, 210 males and 204 females, participated in this experimental survey. The SPSS data analysis concluded that perceived anonymity played a significant positive predictive role on online deviance (p < 0.01), and the moderating role of moral excuses was not significant. This study will be conducive to the better implementation of the action of clearing cyberspace and to the regulation of public behaviour in cyberspace.

Controlling the narrative, examining the self: The unruly femme subjectivity of Fleabag

This article challenges conventions of normative femininity and popular feminism by examining the television show Fleabag (2016–2019) and the destabilizing tendencies of its unnamed protagonist (Phoebe Waller-Bridge), who insistently breaks the fourth wall, implying a form of narrative agency. However, her refusal and/or inability to conform to expectations around public decency, feminine norms, and heterosexual romance also betray a lack of narrative control. The show’s unruly framing and its dysfunctional narrator open a dynamic space for explorations of “bad feminism” ( Gay, 2014 ), “fem (me)inine failure” ( Hoskin and Taylor, 2019 ), and “toxic femininity” ( McCann, 2020 ), while foregrounding a kind of femme resistance.

Fake News Legislation in Hong Kong: The Limitations of Current Laws to Counter the Fake News Wildfire

Hong Kong government is planning to legislate a new law that can fight against digital wildfire fake news. Hong Kong has faced two waves of fake news digital wildfires in the past few years: The 2019 social unrests in Hong Kong and the 2020 COVID-19 pandemic. The city has witnessed how fake news can undermine social trust and social cohesion, causing large-scale damage to both societies and governments. Fake news brings substantial damage to society due to the erosion of the credibility of governments, rule of law, and the democratic system’s human security. The government’s announcement of legislation has received criticisms and objections. One of the main objections is that the current laws are sufficient to combat against fake news, hence new legislation is not necessary. Yet, our study shows the contrary. We studied laws that have been used by the prosecution to deal with publication and speech related public-order crimes, which are within the Hong Kong National Security Law, the old common law offence Outraging Public Decency, and Crime Ordinance. The study results show that those laws are either outdated or applicable to deal with current fake news problem. Therefore, we argue that a contemporary fake news legislation is indeed needed, but the government should study thoroughly about how the new law can strike an equilibrium between civilian’s freedom and public safety. Keywords: Fake news; Public-order crimes; Criminal liability; False information; Freedom of speech.

Blaspheming apostates? The lines between insulting religion and leaving Islam in post-Arab Spring Tunisia

In the wake of the 2010-2011 Arab Spring uprisings, six Tunisians of Muslim parentage were prosecuted in quick succession for blasphemy in a series of unprecedented trials. This article focuses specifically on the link between blasphemy and apostasy in the prosecutions of Tunisians in the 2011-2013 period. Some defendants accepted the link between blasphemy and apostasy, while others rejected being labeled apostates. Through an analysis of these cases, I conclude that the defendants who embraced the label of apostate were more severely punished by the local judicial system than those who rejected it. I also explore the possibility that those who openly assume an apostate position situated outside the Islamic community are also simply less well connected, and thus ill-advised, as to how to navigate a legal system whose public order and public decency articles allow judges significant latitude.

Prostitution as non-labour leading to forced labour. Vagrancy and Gender in Sweden and Stockholm, 1919–1939

ABSTRACT As in many countries, the inter-war years in Sweden were a turbulent period involving economic crisis, ensuing depression, unemployment and political instability, but also cultural change, emancipation, the granting of the right to vote for women, increased social rights and social welfare. During this period of change, legal remnants from the Middle Ages, such as vagrancy legislation, were in place to control specific parts of society. The legislation stated that people without means of sustenance who lived in a ‘manner … that is hazardous to public security, order and decency’ could be arrested and sentenced to forced labour. Although they generally decreased in number, sentences of forced labour continued to be enforced, and women were almost exclusively sentenced on suspicion of prostitution. When women’s labour was discussed during the inter-war period prostitution was discussed as moral contagion, rather than as a way to support oneself. In practice, in the Stockholm area, vagrancy legislation was used as an arbitrary method to partly uphold the regulation of prostitution, which was abolished in 1919. Sentences to forced labour decreased over time, partly through legislative changes. Still, when Europe was on the verge of war, there were still a handful of women and men who were sentenced to forced labour specifically because of their way of life.

Sex, Crime and Entertainment

ABSTRACT Images linking ‘LGBT’ to sexually motivated crime are a common feature of reporting in the Indonesian online news media. In particular, ‘gay sex parties’ are a spectacle shaped by the images produced by journalists in collaboration with the police. This combination of crime and entertainment plays a crucial role in managing both in what ways LGBT is seen and by extension what is defined as belonging to the public sphere. Media images of raids take the form of videos and photographs, press conferences and reconstructions filmed at the crime scene. Although same-sex sexual acts between consenting adults are not a crime in Indonesia, the 2008 Pornography Law and various regional regulations do provide scope for detaining people on public decency grounds. However, the connection between sex and crime as a form of entertainment in which the police are central protagonists is shaped by histories of visual power that can be traced to the authoritarian New Order. By contextualising and interpreting media images of a police raid on a ‘gay sex party’ in September 2020, I describe how the genre conventions and affective force of images of LGBT are central to the state’s governance of the public sphere. Considering the relationship between sex, crime and entertainment helps to address the central role played by both unruly images and media power in regulating the boundaries of political participation and claims for justice.

Invalidity rules in the German Civil Code

German Law is an example of a Civil law system. A feature of this – probably in Germany in the most abstract system – is the conviction that all possible legal constellations are abstract, sufficient, and regulated by just one law. One would have merely to look into the Official Law Gazette to find for each case the prior regulated rule.Invalidity is mentioned in different sections of the German Civil Code (GCC). The general part of the GCC contains Section 138 which as a general provision applies to all parts of the GCC. S. 138 subs. 1 reads: ‘Ein Rechtsgeschäft, das gegen die guten Sitten verstößt, ist nichtig.’ or in English: ‘A legal transaction which is contrary to public policy is void.’ Other translations for the term ‘gute Sitten’ could be ‘good morals’, ‘public decency’, or ‘common decency’. Thereby the German legal system refuses to recognise immoral transactions via Section 138 GCC and thus the possibility of deriving enforceable legal consequences from an immoral legal transaction. The term ‘gute Sitten’ is a general clause. General clauses in the language of the law are usually understood as specific legal provisions containing various types of terms with flexible/undefined meanings. It means that the text recipient is referred to general assessment criteria of non-legal character – that is to say moral values, political values, or economic values.In older German Courts decisions Section 138 GCC was interpreted in the way that a transaction is contrary to morality if it is ‘contrary to the sense of decency of all fair and just thinkers’. The formulation used by case law in recent times reads: ‘[a] legal transaction is to be judged immoral within the meaning of this provision if it is incompatible with the fundamental values of the legal and moral order according to its overall character, which can be inferred from the summary of its content, motive, and purpose.’ German courts have developed case groups that can be used as a guide in the evaluation of a legal transaction as valid or invalid according to Section 138 GCC. The presentation focuses on the term ‘gute Sitten’ or ‘common decency’ as a gate to bring constitutional values into the sphere of private law. It will also refer to the history of this norm and the legal space it opens for judge-made-law.

The Hypocrisy Behind Oscar Wilde's Conviction: A Tale of British Victorian Secrecy

Well-known author Oscar Wilde led a life of aesthetic luxury and wrote stories which toed the lines of public decency and morality in the seemingly conservative nineteenth-century British society. Ideals of increased democracy and scientific advancement, modesty, and personal responsibility were flaunted as morals of the Victorian era. This essay explores the underlying reasons that may have led to Oscar Wilde’s trial and conviction in 1895 for the crime of homosexuality. It analyzes evidence towards the possibility that Wilde’s prison sentence may have been the elite classes’ way of maintaining control over public ideas, as Wilde’s power to share new and unexpected ideas through his unpunished existence posed a threat to the societal order of Victorian society. Wilde’s breaking of public molds was dangerous to the status quo, as his flow of ideas had the potential of inspiring oppressed members of society into demanding greater democracy and access to services which were exclusive to the elite as a result of their socioeconomic status. This essay also explores the tragic parallelism between author Oscar Wilde and his main character Dorian Gray in The Picture of Dorian Gray, as Wilde’s very own literary warnings seem to come alive in the outcome of his trials and incarceration.

Institutional entrepreneurs and legitimation strategies: The case of personal hygiene in France from 1880 to 1980

This article investigates representations of personal hygiene in France between 1880 and 1980. We led a historical method-based inquiry to understand the legitimation process surrounding a redefinition of personal hygiene championed by different sets of institutional entrepreneurs (business, science community, school, the press and so on). We find that each set employs several strategies: connecting personal hygiene to public decency, introducing new personal hygiene tools to equip consumers, and defining legitimate and illegitimate hygiene practices. We sift through these strategies to tease out the concept of distributed agency by contrasting the roles and interventional spaces co-opted by the different sets of institutional entrepreneurs.

Nieczystość w dyskusjach publicznych

Celem referatu jest omówienie nieczystości w dyskusjach publicznych, która wykracza poza dobre obyczaje językowe. Jest to forma nadużycia językowego, obniżająca publiczną przyzwoitość.W sporach publicznych nie myśli się o niej w znaczeniu religijnym, ale przede wszystkim w kontekście moralności społecznej, a w szczególności zasad moralnych.O „nieczystości” mówi się tam, gdzie dostrzega się słabość moralną człowieka, jego stan moralnie patologiczny, dno, upadek, brak umiejętności konsekwentnego kierowania się zasadami moralnymi i podporządkowania im swojego działania w sferze społecznej. Przez „nieczystość” użytkownicy języka wskazują na niemożliwość zaakceptowania krzywdy człowieka, niesprawiedliwego prawa, bezczynności wobec zła.

From corruption to perversion: sexually explicit imagery, forensic medicine, and sexual psychopathology (1862–1927)

ABSTRACT Inventories of commercial imagery considered obscene or pornographic were first seen in the latter half of the 1900s, in the form of grass-roots initiatives by European public morality protectors Ludwig Kemmer, Louis Comte, and Comte’s disciple Émile Pourésy. Research became a coordinated exercise in Germany in the 1920s, led by Berlin detective superintendent Detloff von Behr. These hostile inventories speak to the practical historical interrelation between demarcations of the obscene and the perverse. Despite perennial allusions to its corrupting nature, neither producers nor consumers of explicit photography acquired a robust profile in early twentieth-century sexual psychopathology and sexology more generally. Beyond the perennial appropriation of medical epithets by moral hygienists, pornography was long denied the status of a forensic psychological problem. It was the early trailblazers of the anti-obscenity movement who mobilized the nineteenth-century diagnostic parlance of sexual derailment (sadism, satyrism, perversion, erotomania); in response, polemicists diagnosed prudes as cases of erotophobia and pornolagny. The German contributors highlighted the existence of a diversified ‘perverted’ content and Von Behr showed the greatest aspiration to thus extend the subject’s salience for forensic psychiatry, although he ultimately earned little recognition in ensuing discussions, whether of public decency or sexual psychology.

Language as The Expression Representation of Thoughts

The focus of this research was ‘How is the form, content, and modes of language segment in the indicated media has many implicatures?’ The problem was studied by using a qualitative research design. The data were collected through observation, documentation, mingling, and focus group discussion. The data collected were analyzed by using the phenomenologist technique. The data fact “Everyone who commits obscene acts with other people of the same sex to person over 18 years old shall be convicted of the same criminal offenses if they use violence or threat of violence; violating public decency; publish; or contain pornographic elements”(note: the same sex, no violence or threat, no infringement,…., no pornography, is punished?) Language segment found in media was judged as (i) need to be reviewed, (ii) has pseudo certainty, (iii) open less satisfied opportunity, (iv) cause biased, and (v) lead injustice. Statements used in media that cause disgraceful behavior were not found. The modes of language use in media are intended to (i) give lessons, (ii) change behavior so that it does not violate the law, and (iii) fix reputation. Regarding the form, content, and mode formulated in media, it is suggested that statements must (i) be arranged in complete and flawless sentences, (ii) contain messages that cannot be refuted by anyone, and (iii) easily understood by anyone, not only law enforcers.

An Incident in Hyde Park: Basil Thomson, Roger Casement, and Wakean Coincidence

This essay unearths potential historical source for the mysterious crime at the center of James Joyce's Finnegans Wake. On 12 December 1925, Sir Basil Thomson—writer, intelligence officer, and former Assistant Commissioner of Scotland Yard—was arrested in Hyde Park on suspicion of committing an act in violation of public decency with certain Thelma de Lava. Although he insisted he was merely researching book on London vice, he was ultimately found guilty, fined, and forced to suffer public embarrassment. The incident, which made headlines from London to New York, has an undeniably Earwickerian quality—a crime in the park involving a lustsleuth nosing for trouble in boobytrap—but whether or not Joyce was aware of the officer and his indiscretions, there are other ways in which Thomson's life and career have bearing on the novel. During the World War I, as head of the CID, he had hand in number of affairs, including the interrogation of Mata Hari and the dissemination of the controversial Black Diaries used to discredit the Irish revolutionary, Sir Roger Casement, who was executed for treason in August 1916. Drawing upon the officer's eccentric 1922 memoir, Queer People, as well as contemporary newspapers and other archival materials, this essay investigates the rise and fall of figure who exists in the margins of Joyce's masterwork, and whose curious career represents conjunction of authority and transgression.

Glosa do wyroku Sądu Okręgowego w Opolu z dnia 10 grudnia 2018 r. (VII Ka 956/18, niepubl.)

<p>In the commented judgement, the court discharged the responsibility of individuals who presented banners with photographs of human remains after abortions in front of the obstetrics hospital in Opole. They had been charged with public display of obscenity (Article 141 of the Petty Offences Code). Not only the discharge was wrong, although it is possible to apply Article 140 of the Petty Offences Code instead of Article 141, as the formerly prescribed responsibility for public indecency. The court applied also a completely erroneous interpretation of the presentation of public indecency, as limited to the intimate and gender sphere. Historical, comparative, linguistic, teleological and systematic interpretations indicate that public decency includes a commonly accepted and required public behavior, the violation of which causes or may cause negative reactions of others in the form of embarrassment, scandal, anger, opposition, condemnation. Such punishable public indecency is any that opposes cultural norms, rules of social coexistence, accepted customs of public behavior of individuals.</p>