Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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Throwing (Gowerfen-Sein) in Positivistic Logic Against Victims of Sexual Harassment: A Study of Simulacra in Carnival Theory

Authors
Rury Octaviani1, *, Aisya Thalia Faz1, Rocky Marbun1
1Pancasila University, South Jakarta, Indonesia
*Corresponding author.
Corresponding Author
Rury Octaviani
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_53How to use a DOI?
Keywords
Criminal Law; Sexual Harassment; Simulacra
Abstract

This article aims to disassemble (gowerfen-sein) investigators in a state of normativity as something naturalistic towards a woman as a victim of sexual harassment who voices her suffering through social media based on complaints from those who feel aggrieved. The need for the implementation of law enforcement functions is held hostage to normativity connotatively from the fulfillment of elements of a crime that hides behind the principle of legality. Thus, the mental shock of a woman as a victim of sexual harassment, through simulacra disclosure, has positioned herself as a legal prisoner. This article uses the Legal Research method with an approach in Legal Studies and a Semiotics approach as well as a Critical Discourse Analysis (CDA) approach. The results of this study indicate that there is an epistemological error in the meaning of the function of law enforcement, which is a naturalistic fallacy. As a result, investigators forget the transcendental psychology that a woman has. Therefore, proving this matter becomes a priority before the process of proving complaints against him takes place.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
10.2991/978-2-38476-164-7_53
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_53How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Rury Octaviani
AU  - Aisya Thalia Faz
AU  - Rocky Marbun
PY  - 2023
DA  - 2023/12/21
TI  - Throwing (Gowerfen-Sein) in Positivistic Logic Against Victims of Sexual Harassment: A Study of Simulacra in Carnival Theory
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 582
EP  - 590
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_53
DO  - 10.2991/978-2-38476-164-7_53
ID  - Octaviani2023
ER  -