Citation

Christianto H. Int. J. Law Crime Justice 2020; 60: e100348.

Copyright

(Copyright © 2020, Elsevier Publishing)

DOI

10.1016/j.ijlcj.2019.100348

PMID

unavailable

Abstract

Based on the research result of the judge's decision in Indonesia in the case of cyber-pornography during 2008-2016, this article discussed the importance of legal finding in cyber-pornography cases. According to the judge's report, cyber pornography cases were often examined by using grammatical, systematic, and historical interpretation as a result of formal formulation of pornography laws. This article discussed judge's "legal breakthrough" efforts in making legal finding from cyber-pornography criminal cases, first, through judge's understanding on the concept of pornography based on the living law, and second, the mechanism of legal finding performed by the judge. It is suggested that, the judge imposed a moral norm (living law) as a reference in assessing the unlawfulness of pornography actions. The discovery of the law in a criminal case is not impossible because the judge keeps a contextual interpretation of the norms of public morality based on the formulation of the Law.

Language: en

Keywords

Cyber pornography; Judge; Law-finding; Living law