E3S Web of Conferences (Jan 2018)

The influence of technology determinism in forming criminal act of legislation

  • Raharjo Agus,
  • Saefudin Yusuf,
  • Fidiyani Rini

DOI
https://doi.org/10.1051/e3sconf/20187312011
Journal volume & issue
Vol. 73
p. 12011

Abstract

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Technology has entered the human physical and spiritual existence. Technology is the reflection of the human soul in nature, it is the materialization of ideas in the human brain itself. Humans are increasingly fragmented and machines are increasingly dominant in human life, which causes problems in various fields, one of the fields is a law on the formulation of criminal acts in various legislation. To clarify this problem, normative research methods are used with a focus on comparative legislation. Laws of increasingly technological and technological nature adopt legal features in the work of science and technology. Lawmakers make rules that reflect technological determinism as well as against it. They glorify technology as well as make technology as one of the factors of criminal liability. This seems in the comparison between general criminal law legislation that originates from the Criminal Code with other laws and regulations that contain technological elements. Technology-based criminal penalties in general criminal law are unknown, and this only arises after the technology is used to commit criminal acts, such as in criminal acts of decency, humiliation, defamation, and crime dimension technology. This rationale needs to be deciphered considering the lawmakers is poor to give an explanation.

Keywords