The Principle of Proportionality in Anti-Pornography Law: Comparing Several Countries

Abstract

The existence of anti-pornography laws protects the younger generation from being polluted by pornography. However, there is criticism of the formulation of criminal sanctions in the anti-pornography law. It is necessary to examine the principle of proportionality in formulating criminal sanctions. Juridical normative research focuses on comparative studies of anti-pornography in Law No. 44 of 2008 with anti-pornography formulations in Sweden, the Philippines, Malaysia, and India. This comparison is essential to test the principle of proportionality. The research results include: (1) There are similarities and differences in the pattern of formulating anti-pornography acts; (2) There is a correspondence between the severity of the act and the severe threat of criminal sanctions. Still, the formulation does not differentiate between novice offenders and repeat offenders (recidivists), so it does not fulfill the principle of proportionality; (3) There is no type of action sanction in the form of rehabilitation measures for adult perpetrators who are addicted to pornography as a subsidiary; (4) There is a relationship between the relativity of the formulation of anti-pornography actions from several countries about the view of the relationship between criminal law and the morality of the country concerned.