Satria, Russell (2023) LEGAL ANALYSIS OF THE INTERNET SHUTDOWN IN PAPUA DURING THE 2019 RIOT BASED ON THE 230/G/TF/2019/PTUN-JKT. Bachelor thesis, Universitas Pelita Harapan.
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Abstract
The purpose of this study is to determine whether or not the restrictions of internet
access constitute a violation of human rights and whether or not the judge's ruling
number 230/G/TF/2019/PTUN-JKT is in line with the principles of human rights.
The author conducts normative legal research, which incorporates both the statute
approach and the case approach into the investigation. According to the findings of
this research project, internet access rights should be considered a subset of human
rights due to the fact that freedom of speech and the unrestricted ability to seek for,
transmit, and receive information are shared characteristics of both. If there is a
policy that restricts the rights that people have to use the internet, then such policy
is the same as restricting people human rights, and one may argue that the policy
violates people human rights. In its court decision no. 230/G/TF/2019/PTUN-JKT,
the Panel of Judges concluded that the activities of the defendants constituted a
restriction on human rights. Furthermore, the Panel of Judges found that the actions
included a legal vacuum, which led them to believe that the actions were in violation
of the law. The results of this study found that Internet network restrictions are
included in human rights violations, however such violations are justifiable by law.
As for the ideal mechanism for limiting the internet network must be carried out
after a court decision has been made or a decision on government administration or
a decision on state administration in writing under normal circumstances and when
in a state of danger, then the conditions for a state of danger must be fulfilled first.
Item Type: | Thesis (Bachelor) |
---|---|
Creators: | Creators NIM Email ORCID Satria, Russell 01052190032 russellsatria@gmail.com UNSPECIFIED |
Contributors: | Contribution Contributors NIDN/NIDK Email Thesis advisor Marpaung, Jessica Vincentia 0301039001 jessica.marpaung@uph.edu |
Uncontrolled Keywords: | Internet Restrictions, Human Rights |
Subjects: | K Law > K Law (General) |
Divisions: | University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law Current > Faculty/School - UPH Karawaci > Faculty of Law > Law |
Depositing User: | Russell Satria |
Date Deposited: | 10 Aug 2023 02:43 |
Last Modified: | 10 Aug 2023 02:43 |
URI: | http://repository.uph.edu/id/eprint/57463 |