Al Fikry, Ahmad Habib
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Ekuilibrium Pengaturan Perlindungan Data Pribadi Sebagai Jaminan Hak Konstitusional: Refleksi Implementasi di Masa Pandemi Covid-19 Al Fikry, Ahmad Habib
Seminar Nasional Hukum Universitas Negeri Semarang Vol 7 No 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di M
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.701


Essence of the rule of law is the guarantee of human rights for every citizen. To dive deeper into this matter, the 1945 Constitution of the Republic of Indonesia, which is the constitution of the Indonesian state, contains a discussion in a special chapter, namely XA which regulates human rights. Human rights have various types, one of which is personal self-protection as regulated in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Personal protection is inherent with private rights which can include personal data of legal subjects. In line with the massive development of the world in the fields of technology, information, and communication, it has implications for the attachment of data subjects to the act of entering and transferring personal data in various kinds of activities. Data shows that there has been an increase in this activity during the pandemic covid-19. Personal data has become a topic of discussion when many data subjects are deprived of their rights to privacy, which can be seen in several cases of personal data leakage. For these problems, individuals need the protection of personal data as a concretization of the conception of the rule of law and guarantees of constitutional rights. The complexity of the problems that occur does not make the state remain silent. As a legal state that holds legal principles in its implementation, laws and regulations that contain the basic value of legal certainty are considered to be a solution. The seriousness of the state in overcoming this can be seen in the draft of the Personal Data Protection Law (RUU PDP), which is still being drafted by the Indonesian House of Representatives. This research, which uses a normative juridical method, discusses the protection of personal data as a right guaranteed by the constitution and its implementation during the pandemic covid-19. This paper aims to determine the suitability of the guarantee of constitutional rights and their implementation as well as to find an equilibrium in the regulation of personal data protection so that the full fulfillment of constitutional rights can occur.
Hukuman Kebiri Kimia bagi Pelaku Kekerasan Seksual terhadap Anak dalam Perspektif Hukum Islam Al Fikry, Ahmad Habib
Jurnal Hukum Lex Generalis Vol. 2 No. 2 (2021): Islamic Law Theme
Publisher : CV Rewang Rencang

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Chemicals a punishment for perpetrators of sexual violence against children or pedophiles. Pedophilia is abnormal sexual behavior by making children the object of satisfying sexual desire. Data on sexual violence against children in Indonesia shows an alarming number. Such actions certainly injure human rights, especially child protection, and are contrary to statutory regulations. The state provides legal certainty and upholds justice through the existence and enactment of laws and regulations concerning child protection. One of the discourses regulated in it is about criminal sanctions for perpetrators of sexual violence against children in order to provide a deterrent effect and stop the act. Chemical castration is one of the criminal sanctions that threaten pedophiles. The procedure for this action is regulated more specifically in the Government Regulation of the Republic of Indonesia Number 70 of 2020. The adoption of this regulation as an implementer of the previous regulation reaps pros and cons from the community. The author's interest in researching this discourse from the perspective of Islamic law gives the answer that chemical castration punishment is a tadzir punishment. In determining punishment for an act, Islamic criminal law recognizes the existence of formal, material and moral considerations. Sexual violence against children is an act that is considered to have fulfilled these three elements so that it can be subject to punishment or Jarimah. Pedophile punishment is Jarimah tadzir, which is a sentence decided by a judge in order to provide education and preventive measures for the perpetrator from committing another crime.