Monster That: Article Denigration
It is also interesting when I read the Koran Tempo and several other media reported that the article basically defamation was time removed. Even the Vice Chairman of the Supreme Judicial Affairs, Abdul Kadir Mappong rate Book article 310 Criminal Justice Act (Penal Code) regarding defamation has actually been properly removed because it was not relevant for use today ( www.depkominfo.go.id , 6 / 6 / 2009).
As we know chapter defamation as offense started in the 13th century (people Feudalism) to maintain the honor of the nobility, well now this chapter is used to maintain the honor of certain people who feel defamed his good name, unfortunately definition of defamation was until now unclear criteria and limits, be a libel construed in accordance with the order, the needs and demands of the complainant who feels defamed his good name, severely!
Then by some people assessing defamation article is an article of rubber and if I say it's a rubber article and article "stupid" because any person who tries to use it either as a person claiming to be "victims" of defamation and apparatus elements, it would seem stupid when using this rubber article on paper and even though in practice they are quite smart and intelligent but the article is "monster" that's what makes them seem lame.
Then the question if we remove the defamation chapter, it will make this a very liberal country like America? And will result in the increasing number of defamation in this country? Apparently not, too, have many countries in the world that has abolished the defamation article, the former country "colony" of East Timor we just do not wear defamation article in its laws as well as poor countries in Africa such as Ghana, Ukraine and Sri Lanka. Our country is not like Americans and not as well as poor countries, our country is a democratic state should respect the free speech of its citizens.
In the midst of the hustle and bustle of the democratic process in Indonesia which has become the third largest democratic country in the world was still only save or slip "monster" in its laws that are ready to silence something libelous information that is considered good, especially when writing or opinion that is harsh criticism from the public. Already several people who have become victims of defamation article is one that is being discussed is the case of Prita Mulyasari just vent via e-mail about his experience at one hospital and then rewarded with the threat of criminal punishment.
There are things that are funny and ridiculous as well for me, why the Penal Code that we use today still adopt a relic of the Dutch East Indies between these articles governing such libel and decency. Naturally defamation article inserted in the legislation at that time, advised them invaders and unfortunately the article was adopted after Indonesia's independence even defamation article is more alive and used as a tool by the authorities, employers and individuals in silencing public opinion or the opinion individuals in the era of reform that he said this.
Sometimes when considering defamation of this article, I'm not too sure if Indonesia is a democratic country, how democratic if few are outspoken directly punishable by imprisonment, which was warmly Prita Mulyasari case by various groups regarded as "victims" of apparatus that does not profesioanal, unfortunately I do not know who it is unprofessional prosecutor or the police, they wong throwing a confusing variety of arguments, so never mind to be ordinary in this country when it called on the responsibility must be thrown here and there we look forward to the future no longer victims and immediately revoke or cancel the defamation article by using existing mechanisms.
The articles "rubber" in defamation law in RI:
- UU ITE: Article 27 Paragraph (3) reads, "Every person deliberately and without rights to distribute and / or transmit and / or make an access to electronic information and / or electronic documents that have a charge of contempt and / or defamation."
- In the Criminal Code Act contained in Article 310 paragraphs 1 and 2, ps. 311 paragraph 1, ps.316, 207.208
Lah .. it can not be deleted so hell wrote .. Quote must diliat just from a point of view who bener .. must cover both sides ..