Art Original

Pertanggung Jawaban Pidana Terhadap Pelaku Pendistribusian Konten Bermuatan Asusila Melalui Media Elektronik (study Kasus Perkara No : 844/pid.sus/2022/pn Pbr)

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Despite the government's and platform owners' efforts to ban pornographic content through various features, pornography remains prevalent on social media, which serves as an ideal medium for such content. Finding pornographic content on Twitter is not difficult. The key lies in the search column, where users simply need to enter the words "obscene" and "lewd" in the search system. From the word "obscene" typed, Twitter then provides search results in the form of pornographic content within the platform. Some even display "obscene" videos with a duration of approximately 2 (two) minutes. The primary issues addressed in this research are twofold: First, how is the evidence presented in Case Number: 844/Pid.Sus/2022/PN.Pbr.? and Second, what are the judge's considerations in the Verdict of Case Number: 844/Pid.Sus/2022/PN.Pbr.? This research is a normative legal study, utilizing two main approaches in reviewing and analyzing the Verdict of Case Number: 844/Pid.Sus/2022/PN.Pbr., namely the Statutory Approach and the Case Approach. The results of the research conclude that the defendant was legally proven to have committed the offenses as charged by the public prosecutor. The evidence presented included the prosecutor's charges, witness and expert testimonies, physical evidence in the form of an Oppo A9 mobile phone, and the defense by the legal counsel. The violations committed by the defendant are in accordance with Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 on Information and Electronic Transactions. The judge's considerations in the Verdict of Case Number 844/Pid.Sus/2022/PN Pbr dated November 24, 2022, according to the author, were solely based on juridical legal considerations. The author argues that the judge's decision in a case should be based on legal considerations from both juridical and non-juridical (sociological) aspects. The Verdict of Case Number 844/Pid.Sus/2022/PN, which sentenced the defendant, Hendri Kuswanto Als Hendri Bin Munari, to 1 year and 4 months imprisonment and a fine of Rp. 500,000,000,-, is considered lighter than the public prosecutor's demand. The author believes that the verdict is unjust and inappropriate, and does not create a deterrent effect for the perpetrator. Despite the violation being the distribution of obscene/pornographic content, which has the potential to harm society, especially the younger generation and children

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Detail Information

Call Number

Ilmu Hukum 345.0253 Per R

Language

NPM

191010637

Publisher

Ilmu Hukum : Universitas Islam Riau., 2024

Keyword(s)

Criminal Liability
Distribution
Judge's Considerations

Other Information

Petugas

Luthfi Pratama

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