POLITIK HUKUM PEMBENTUKAN PERATURAN PEMBATASAN TERHADAP ANAK YANG MENYAKSIKAN TAYANGAN BIOSKOP DENGAN RATING DEWASA DITINJAU DARI PERSPEKTIF HAM

Nadia Junesti, Emilda Firdaus, Widia Edorita

Abstract


Along with the development of entertainment technology, people have many alternative
choices where to look for entertainment, especially films. The cinema is a democratic public space,
whoever has the right to come to access the screen that is currently playing. Even though not all
films that are produced can be watched by all groups, because there are many contents that are not
suitable to watch, especially for children. However, there are cinema entrepreneurs who allow
children to access shows with content not intended for children. Talking about human rights, it
cannot be separated from children's rights. Regarding the rights and obligations of children we
can see in the Child Protection Law, namely Article 4 to Article 10 of Law No. 35 of 2014
concerning amendments to Law No. 23 of 2002 on Child Protection. So in this case there are
inherent and unavoidable children's rights. So that parents, society, and the State are expected to
be able to protect a child, because children are a gift as the nation's successor. The behavior of a
child whether the child will become the future of the nation depends on the education provided by
parents, society and the State.
This study uses a typology of normative legal research or what is also called doctrinal
legal research, which specifically discusses the level of legal synchronization, because it is related
to the legal politics of the formation of restrictions on children who watch cinema shows with adult
ratings from a human rights perspective.
The results of the research conducted by the author are, Basically the politics of
regulation regarding cinema, every film shown, circulated, or shown in the cinema must pass
censorship. Passing this sensor is evidenced by the existence of a sensor pass certificate. A pass
certificate is issued by the Film Censorship Institute (LSF) and signed by the Chairman of the LSF.
There are no explicit rules prohibiting cinemas from allowing minors to buy tickets or watch films
with an "adult" rating. What exists is the sanctions imposed by the LSF for film business actors (in
this case cinema entrepreneurs) who neglect the provisions concerning the inclusion of age
classification of film viewers. Based on Article 8 paragraph (2) letter d jo. Article 55 of the
Broadcasting Law, the sanctions that can be given are limited in nature, namely only limited to
sanctions for violating regulations and broadcasting code of conduct as well as broadcast program
standards broadcast by broadcasting institutions that provide broadcasting services both radio and
television. So in this case the LSF does not have the authority to impose sanctions on parents or
cinemas who allow children to watch cinemas with adult ratings.
Keywords: Cinema- Political Law- Human Rights


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