Minggu 3 - Subtopik 1 - Cyberpornography: Mengenal untuk Mencegah

Summary

This video script delves into the concept of 'norma kesusilaan' (decency norms) in Indonesian law, particularly focusing on its application in cases of pornography and moral offenses. It explores how these norms are legally defined, using various tests like the Hicklin Rule, Roth Test, and Miller Test to assess violations. The discussion also covers key legal principles from the Indonesian Criminal Code and Pornography Law, with a particular focus on real-life cases, including the viral spread of explicit content and the controversy surrounding a 'sexy dancer' performance. The script emphasizes the importance of understanding these norms to uphold public morality.

Takeaways

• 😀 Moral norms (norma kesusilaan) are crucial in determining whether an act is prohibited under Indonesian criminal law, especially regarding pornography and decency.
• 😀 The legal framework in Indonesia, including the Criminal Code (KUHP) and the Pornography Law, relies on moral norms as a primary criterion for determining offenses.
• 😀 Pornography is defined under Indonesian law as any media content (images, videos, texts, etc.) that contains sexual exploitation or indecency that violates societal moral norms.
• 😀 Moral norms are deeply linked to human existence and ethical considerations, often based on a philosophical understanding of human relationships with themselves, their creator, and other living beings.
• 😀 The concept of moral norms goes beyond mere politeness or cultural practices, distinguishing them from social etiquette or religious norms that might vary across different communities.
• 😀 Legal definitions of what constitutes indecency or pornography rely on clear, often objective standards, such as those outlined in tests like the Hicklin Rule, Roth Test, and Miller Test.
• 😀 The Hicklin Rule assesses whether a particular act or media content damages societal morals or has a negative influence on individuals, often considering the scale of harm caused.
• 😀 The Roth Test evaluates the integrity of the message conveyed, focusing on whether the content is related to prohibited sexual conduct as defined by law.
• 😀 The Miller Test is based on legal clarity, requiring governments to establish specific laws that define what is considered obscene or immoral under legal standards.
• 😀 Case studies demonstrate how these legal tests are applied in practice, such as determining whether the distribution of explicit content or the presence of sexy dancers at public events violates moral norms.

Q & A

What is the primary focus of the video transcript?

The primary focus is on 'norma kesusilaan' (decency norms) as a legal and philosophical measure, particularly in relation to obscenity laws and their application in the Indonesian legal system.

What is the importance of norma kesusilaan in determining criminal acts?

Norma kesusilaan is important because it serves as the primary measure in determining whether an act is unlawful, especially when it involves actions like pornography or other forms of immoral behavior. Violations of decency norms can lead to criminal sanctions.

What does 'norma kesusilaan' refer to in the context of the Indonesian legal system?

'Norma kesusilaan' refers to societal decency norms that govern behavior considered morally acceptable or unacceptable. In the legal context, it is used to determine whether certain acts, such as the distribution of obscene content, violate public morals and thus warrant criminal penalties.

How do the concepts of 'norma kesopanan' and 'norma agama' differ from norma kesusilaan?

'Norma kesopanan' (etiquette norms) deals with politeness and manners, while 'norma agama' (religious norms) governs moral conduct based on religious teachings. In contrast, 'norma kesusilaan' is a broader societal standard that addresses what is considered decent or indecent in the public realm, regardless of specific cultural or religious contexts.

What is the triprakara concept in relation to norma kesusilaan?

The triprakara concept, as explained by Noto Nagoro, connects human existence to three relationships: with oneself, with the Creator, and with other creations (humans and nature). This concept is foundational to understanding 'norma kesusilaan,' as it frames human decency within a larger moral and social context.

How does the Pancasila philosophy influence the understanding of norma kesusilaan?

Pancasila, particularly the second principle, 'humanity that is just and civilized,' influences the understanding of norma kesusilaan by emphasizing a holistic approach to human decency. It stresses responsibility not just to oneself, but also to others and to the Creator, highlighting the interconnectedness of human life and moral behavior.

What are the key legal tests used to assess whether an act violates norma kesusilaan?

The three key legal tests used to assess whether an act violates norma kesusilaan are the Hicklin Rule, the Roth Test, and the Miller Test. These tests evaluate whether content or actions have harmful effects on societal morality, whether they contain sexually explicit material, and whether they are clearly prohibited by law.

How does the Hicklin Rule evaluate the morality of an act?

The Hicklin Rule evaluates whether an act or content harms public morality by assessing whether it causes moral corruption or influences others negatively. It is particularly concerned with the impact on the audience's moral values.

What is the distinction between the Roth Test and the Miller Test in evaluating obscenity?

The Roth Test focuses on whether the content communicates sexually explicit material that is legally prohibited, while the Miller Test is more focused on whether specific legal standards exist that prohibit the content. The Miller Test offers more detailed criteria, including the context of artistic, political, or educational content.

What is the significance of the case involving the viral pornography video and how does it relate to norma kesusilaan?

The viral pornography video case highlights the legal and societal implications of distributing explicit content. It is significant because it demonstrates how actions that violate public decency norms (norma kesusilaan) are subject to legal consequences, especially when they have a broad societal impact, as in the case of a public figure's influence on public morality.