| dc.description.abstract |
Pornography has a very bad impact on human life, so there must be a joint effort of the entire community against pornography so that it does not further lead to the denial of the essence of being a human being. The formulation of the problem in this thesis is how to regulate the criminal act of spreading pornographic videos uploaded via social media, how to implement law enforcement against the crime of spreading pornographic videos uploaded through social media, how to analyze criminal decisions for distributing pornographic videos uploaded via social media in decisions. Number 2661/Pid.Sus/2020/PN. Mdn. The writing of this thesis uses library research methods to examine secondary data by analyzing the case decision Number 2661/Pid.Sus/2020/PN. Mdn. This type of research data is secondary data. Primary and secondary legal materials are compiled systematically and analyzed qualitatively. The conclusion of the discussion is that the legal regulation of the criminal act of spreading pornographic videos uploaded through social media is included in the Criminal Code and then regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions which regulates pornographic crimes in Article 45 paragraph ( 1) in conjunction with Article 27 paragraph (1) of Law Number 19 of 2016 on amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 44 of 2008 concerning Pornography which is a lex specialis (Law which is specifically) which regulates the crime of pornography. The implementation of law enforcement against the crime of spreading pornographic videos uploaded through social media is based on the criminal provisions regulated in Article 27 paragraph (1) of Law Number 19 of 2016 concerning Information and Electronic Transactions so that the Judge sentenced the defendant to imprisonment for 12 (twelve) years and a fine of Rp. 800,000,000,- (eight hundred million rupiah), provided that if the fine is not paid, it will be replaced with imprisonment for 6 (six) months. Analysis of the criminal decision on the distribution of pornographic videos uploaded through social media in the decision Number 2661/Pid.Sus/2020/PN. Mdn are all elements in Article 29 of the Republic of Indonesia Law no. 44 of 2008 concerning Pornography has been fulfilled based on legal facts, both through witness statements, defendants' statements, and evidence. The Panel of Judges also did not see any reason for the abolition of the crime, both justification and excuse for the defendant's actions so that the defendant's actions could be accounted for. | en_US |
