Pornography Crimes Research Articles

Tindak pidana Cyber Pornografy dalam perspektif Undang-Undang Nomor 44 Tahun 2008 tentang Pornografi dan Undang-Undang Nomor 19 Tahun 2016 tentang Informasi dan transaksi elektronik

One of the negative impacts of technological progress is the spread of pornographic information, which has become a serious concern for all parties, including the government, law enforcement officials, practitioners and academics, as well as society in general. Pornography crimes most often occur in cyberspace by displaying photos, videos, stories and moving images. For example, the case involving a female YouTuber from Sidoarjo who was convicted of committing the crime of pornography in the Wates District Court Decision Number 23/Pid.B/2022/PN.Wat. Regulations regarding cyber pornography in the provisions of Law no. 11 of 2008 concerning Information and Electronic Transactions and Law no. 44 of 2008 concerning pornography has complex legal regulations in Indonesia, but for cyber pornography there is no comprehensive regulation. The type of criminal act of pornography via electronic media which is regulated in Article 27 paragraph (1) of the ITE Law is a formal offense because the article only describes prohibited acts, such as every person intentionally and without the right to distribute and/or transmit and/or make it accessible. electronic information and/or electronic documents that contain content that violates decency. Meanwhile, the elements of the consequences of prohibited acts are not described in the article because the consequences of cyberporn crimes are personal offenses, meaning that the consequences cannot be measured objectively. Apart from that, Article 27 paragraph (1) of the ITE Law aims to protect individual rights or concerns a person's right to privacy, therefore this article is regulated as a formal offense, not a material offense. Meanwhile, the prohibition on the dissemination of pornographic content, including via the internet, in the Pornography Law is regulated in Article 4 paragraph (1). The judge's considerations in imposing a crime in decision case number: 23/Pid.B/2022/PN.Wat have taken into account both juridical and non-juridical facts. In choosing the charges, the judge also considered which charges were deemed most appropriate, namely the first charge, namely violating the provisions of Article 29 in conjunction with Article 4 paragraph (1) of Law no. 44 of 2008 concerning Pornography in conjunction with Article 64 paragraph (1) of the Criminal Code. The judge's application of law in the Wates District Court decision Number: 23/Pid.B/2022/PN.Wat is in accordance with the provisions of statutory regulations

The Chinese Dilemma and Research on Internet Child Pornography Crime

The Chinese Dilemma and Research on Internet Child Pornography Crime

Application of Corporate Crime Sanctions in Pornography Crimes (Study of the Porn Film Industry and Trade)

The development of information and communication technology has contributed to the increase in the creation and dissemination of pornography which has had a negative influence on the morals and noble personality of the Indonesian people. In relation to the era of globalization, the existence of a corporation has a big contribution to the interests of the country and its citizens. The existence of corporations is often accompanied by violations, including violations of criminal law, one of which is the case of the pornographic film industry and trade. The authors examine the criteria for criminal acts of pornography which are classified as corporate crimes and how sanctions are applied for criminal acts of pornography as a corporate crime. This research uses normative-empirical juridical methods and analytical descriptive research specifications. Based on the research results, it can be concluded that the criteria for criminal acts of pornography which are classified as corporate crimes are non-violent, corrosive effect, and have a very detrimental impact on society at large. The industry and trade in pornographic films is a form of criminal corporation/organization, and there has never been a court decision regarding sanctions for corporate criminal acts applied to cases of criminal acts of pornography. Efforts that can be made to overcome this problem are to harmonize the definition of a corporation, create clear criteria for corporations as subjects of criminal law, need to hold Focus Group Discussions (FGD) among academics and law enforcement officials, and apply sanctions against perpetrators of criminal acts of pornography which are classified as corporate crimes.

PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PORNOGRAFI ANAK DALAM HUKUM POSITIF INDONESIA

Crimes of child pornography in Indonesia are becoming increasingly widespread and increasingly worrying. This is caused by the negligence of parents who do not supervise and provide education to children about the dangers of using the internet. So that this provides an opportunity for perpetrators of child pornography to commit all forms of unlawful acts against children as the target of perpetrators in creating child pornographic content so that the actions caused by the perpetrators must be accounted for according to the legal provisions set by the government. Even though the policies on the Pornography Law, the ITE Law, the Child Protection Law, and the Criminal Code have been stipulated by the government, it turns out that these policies are still not optimal in protecting Indonesian children from pornography crimes. This is because the concept of criminal responsibility in Indonesian positive law still uses the determination of the ability to be responsible in determining mens rea/the inner attitude of perpetrators of child pornography crimes. In addition, child pornography crimes are special crimes (Lex Specialis) so that child pornography liability needs to be studied whether child pornography crimes in the concept of criminal liability are regulated in special provisions or return to general provisions. So from these problems it is necessary to formulate the concept of criminal responsibility in Indonesian positive law, especially in dealing with perpetrators of child pornography, in order to suppress the rapid growth of these crimes and protect Indonesian children from perpetrators of child pornography.

Tinjauan Kriminologi Perkara Tindak Pidana Penyebaran Video Porno Melalui Media Sosial

ABSTRACT. The Criminological Review of the Crime of Pornography Through Social Media Applications is based on the large amount of pornographic content that is widely spread on social media applications and the public's lack of understanding about the criminal act of pornography itself. The crime of pornography is regulated in Law No. 44 of 2008 concerning pornography, generally stated in article 4 paragraphs (1) and (2). Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The problem formulation of this research is what are the factors that cause perpetrators to commit the criminal act of distributing pornographic videos via social media and what are the crime prevention efforts against the criminal act of distributing pornographic videos via social media. Using criminal law policy theory and the theory of the causes of crime (criminology). The research method used in this research is the juridical-normative method, namely by examining statutory regulations, legal theories, legal principles, and relevant legal doctrines to answer the legal problems being researched. The results of this research conclude that the factors causing the perpetrators to commit the criminal act of distributing pornographic videos via social media, namely the main motive of the perpetrators, the lack of legal awareness of the perpetrators, and the ease of use of social media. Responding to the existing phenomenon requires legal firmness, especially from officials who act in law enforcement as well as the important role of all levels of society to be aware of the dangers of pornographic content and to be more concerned about the surrounding environment. In tackling the criminal act of distributing pornographic videos via social media, this can be done by protecting victims, monitoring content on social media, counseling and education, as well as strict law enforcement.

Kajian Literatur : Perlindungan Hukum Terhadap Korban Revenge Porn

Gender inequality, sexual violence, domestic violence, trafficking in women, and wartime exploitation are some of the many human rights violations that occur. With the advancement of information technology and globalization, the use of violence has changed and evolved. Revenge pornography, also known as "revenge porn", is combined with direct acts of violence. The purpose of this research is to find out what causes revenge pornography and how legal protection can be given to its victims. This research uses normative research that uses legislation to examine a study by examining theories, concepts. Some of the causes of revenge pornography crimes are as follows: Ineffective laws, the patriarchal culture that still exists in Indonesian society, lack of sexual education, law enforcement that has not run properly, and handling victims who often backfire. The state is responsible for protecting victims of sexual harassment. Several existing laws protect victims of pornographic abuse.

Application of Corporate Crime Sanctions in Pornography Crimes (Study of the Porn Film Industry and Trade)

Application of Corporate Crime Sanctions in Pornography Crimes (Study of the Porn Film Industry and Trade)

KRITIKAL ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA CYBER PORNOGRAPHY: KAJIAN PERBANDINGAN HUKUM NEGARA INDONESIA DAN CHINA

The rise of cyber pornography is a crucial problem that attacks the morals of the young generation in various countries. Every country in the world has different regulations in handling cyber pornography crime as a form of prevention. Indonesia until now still has difficulties in suppressing the high crime of cyber pornography, therefore good regulation and law enforcement are needed to suppress the high cyber pornography. Reflecting on China which has proven and succeeded in suppressing the high crime of cyber pornography. By using the legislative approach and comparative approach, this research proves that by conducting a comparative study of law with other countries, namely China, it can be an alternative to national law reform, especially in dealing with the rise of cyber pornography in Indonesia.

CRIMINAL LIABILITY FOR PERPETRATORS THREATENING THE SPREAD OF IMMORAL VIDEOS ON SOCIAL MEDIA

The rapid development of information and communication technology has affected human development throughout the world. Technological advances in the digitalization era have been made by humans to facilitate human activities such as accessing information and knowledge so that humans can do many things in a short time. Cases of immoral crimes almost always occur in Indonesia and attract public attention. The level of immoral crimes in Indonesia is very high and varied. The perpetrators of immoral crimes also range from children, adults, to the elderly, even early childhood. Two components consist of immoral crimes: norms of decency and norms of decency. In order to function as a basis for providing a sense of justice and legal certainty to the people of Indonesia, the norms of decency play a very important role. This research is normative legal research, namely legal research that places law as a building system of norms. Pornographic crimes that occurred in the Republic of Indonesia are clearly contrary to the principles held by Indonesian society. Pornography crimes often cause concern for the community. The Electronic Information and Transaction Law is a provision that applies to anyone who commits legal acts whether within the scope of Indonesian jurisdiction and/or outside Indonesian territory and causing harm to Indonesia's interests

TINJAUAN KRIMINOLOGI TERHADAP PORNOGRAFI YANG DIPERJUALBELIKAN MELALUI MEMBER VIP MEDIA SOSIAL TELEGRAM

This study aims to determine the factors that cause pornography crimes that are traded through telegram social media VIP members, efforts to deal with pornography crimes that are traded through Telegram social media VIP members, as well as legal sanctions against pornography traded through telegram social media VIP members. This thesis uses empirical legal research methods. Research data were collected by means of document/library study and distribution of questionnaires as well as interviews. The results of the study show that the factors that cause pornography crimes that are traded through social media telegrams carried out by VIP members are internal and external factors. Internal factors are curiosity (84.2%) and only for entertainment 36.8%, then external factors are factors influenced by friends (5.3%). Then, in this case, the Department of Communication and Informatics of Medan City is taking preventive measures, namely in the form of a pornographic content complaint service provided by the Ministry of Communication and Informatics and the blocking of content related to pornography. then legal sanctions against pornography that is traded through VIP members in Islamic Criminal Law can be subject to jarimah ta'zir. Then it is regulated in the Pornography Law Number 44 of 2008 Chapter VII concerning "CRIMINAL PROVISIONS" in Article 31, Article 32, Article 36.

Analisis Perbandingan Kinerja Root Explorer Dan Oxygen Forensic Detective Pada Forensic Digital

Rapid information and communication technology has a positive impact in the form of speed and ease of obtaining information and data by using an Android-based smartphone. But, on the other hand, it also has a negative impact in the form of cybercrime. This study aims to raise evidence of digital data and information in identifying pornographic crime cases using the Tantan app. The forensics analysis process in this study uses the National Institute of Justice (NIJ) method and 1 forensic tool, namely Oxygen Forensics Detective. The research scenario is the occurrence of pornography crimes. The research scenario is the occurrence of pornography crimes. This research succeeded in finding evidence in the form of photographs, videos, music, contacts, and chats. Testing using the Oxygen Forensic Detective tool, where the data taken on the Android pad uses the help of the Root Explorer application

PORNOGRAPHY IN THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW

Social media is currently overgrowing, which certainly impacts people's lifestyles. However, these advances are often exploited, with cyberporn being one example. This essay seeks to evaluate and critique pornography from the point of view of Indonesian Islamic criminal law. Examining the application of criminal sanctions for pornography by Islamic criminal law, as well as the reasons why it is created and prohibited, is the aim of this study. This study examines laws and regulations with a normative legal approach. It is the study of normative juridical law. This research data set comes from legal sources. The research findings suggest several behaviors, weaknesses in judgment, constitutive consequences, additional circumstances, additional requirements for a criminal prosecution, and additional requirements for punishment that fall under the category of pornography crimes of Islamic criminal law. Criminal sanctions in Islamic law allow adultery and ta'zir as punishment for pornography offenders. Criminal acts in pornography include various forms, including sounds, moving images, animations, cartoons, conversations, body movements, and public performances containing sexual exploitation or obscene content that violates the norms of social decency.

Pertanggungjawaban Pidana Pada Pelaku Penyebaran Dan Jual Beli Konten Pornografi Pada Media Sosial Telegram

The spread of crime in cyberspace does not escape the crime of pornography, taking advantage of the large storage capacity that Telegram offers has provoked a number of ignorant people to use this social media to spread paid pornographic content. The purpose of this study is to examine and understand what criminal liability and compensation can be imposed on perpetrators of spreading and buying and selling negative content in the Telegram application. Writing scientific journal articles uses a normative research methodology, in which this research uses a statutory approach. The results of the study show that criminal liability that can ensnare perpetrators of pornographic crimes is regulated more specifically based on the principle of lex specialis derogate lex generalis in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.
 

Effectiveness of the Electronic Information and Transactions Act Against Dating APPS-Based Pornography Crimes

Penelitian ini bertujuan untuk : (1) Menganalisis, mengevaluasi, dan mencari tahu sejauh mana efektivitas UU ITE terhadap tindak pidana pornografi berbasis Dating APPS di Kota Makassar. (2) Menganalisis, mengevaluasi, dan menemukan faktor yang berpengaruh terhadap efektivitas penegak hukum Terhadap Tindak Pidana Pornografi Berbasis Dating APPS di Kota Makassar. Penelitian ini merupakan penelitian hukum empiris dengan menggunakan pendekatan lapangan, dimulai wawancara yang akan mengkaji dan menganalisis sejauh mana efektivitas UU ITE terhadap tindak pidana pornografi berbasis Dating APPS. Tipe penelitian ini meliputi kajian yang memandang hukum sebagai kenyataan, mencakup kenyataan sosial, kenyataan kultur dan kenyataan penegak hukumnya. Hasil penelitian ini menunjukan bahwa : (1) Dari segi relugasi telah dianggap memumpuni, namun jika dititik beratkan pada struktur penegak hukum, penulis menemukan masih banyaknya penyebaran informasi ataupun konten yang mengandung muatan asusila di beberapa aplikasi dating apps. (2) Efektivitas penegakan hukum belum maksimal dan edukasi tentang penyebaran konten bermuatan asusila belum maksimal sehingga kesadaran hukum masyarakat juga belum menyeluruh dan mendalam tentang regulasi UU ITE terhadap penyebaran konten bermuatan pornografi terkhusus di media dating apps.

Children and Crime of Pornography

Children are one of the groups vulnerable to crimes, including sexual crimes and pornography crimes. Cases of pornography crimes involving children as victims are increasingly rampant amid the rapid flow of information and technology. This study aims to analyze child and pornography crimes from the legal and victim protection aspects in Indonesia. This study uses a normative approach by comparing various legal rules and legal theories and victimology related to cases of child crimes and pornography.

PERLINDUNGAN HUKUM ANAK DALAM KEJAHATAN PORNOGRAFI DAN UPAYA PEMERINTAH DALAM MENCEGAH KEJAHATAN PORNOGRAFI DI INDONESIA

A number of files related to child pornography often appear on several sites and forums on the internet. This is a reflection of the impact of technological developments which were originally created to facilitate human life. The issue of child pornography began in the nineteenth century after the invention of the camera. At that time, the issue of child pornography only developed in hard copy form. The Internet era in the early 1980s dramatically changed the scale and nature of the child pornography problem and required a new approach to research and control.The study used in conducting this thesis research is normative legal research. Normative legal research is legal research that puts the law as a building system of norms. The system of norms in question is about principles, norms, rules of statutory arrangements, court decisions, agreements and doctrines.The results of the thesis research are related to the juridical basis of children's rights related to the crime of child pornography in cyberspace based on the ITE Law, namely Article 26; Article 27 paragraph (1); Article 36 and Article 37 and forms of legal protection for children's rights in pornography crimes in Indonesia are of two types: repressive forms of protection (Penal) and preventive forms of protection (Non-Penal)

The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime

The Right to be Forgotten as Protection for Children Victims of Non-Consensual Pornography Crime

Law Enforcement Arrangements in Online Prostitution in Indonesian Security Context

This research is descriptive normative legal research with a statutory approach, which examines laws and regulations related to the legal issues raised and an analytical approach. the text of a statute. The type of data used is secondary data. The secondary data sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique used is the study of documents or library materials. The study of documents or library materials includes efforts to collect data by visiting libraries, reading, reviewing, and studying books, literature, articles, magazines, newspapers, scientific essays, papers, internet related to the object of research. The results of the study show that Indonesia's positive legal regulations regulate crime of pornography on the internet (cyberporn) as a cybercrime including Article 281-283 of the Criminal Code (KUHP), Law Number 8 of 1992 concerning Film, Law Number 36 of 1999 concerning Telecommunication, Article 5 paragraph 1 and Article 13 paragraph (1) letter a of Law Number 40 of 1999 concerning the Press, Article 36 paragraph (5) of Law Number 32 of 2002 concerning Broadcasting, Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) and Law Number 44 of 2008 concerning Pornography. The regulation is considered inadequate when it comes to the current development of pornography on the internet (cyberporn), including the provision of unclear limits on pornography, the authorities to take certain actions in dealing with the problem of pornography, the threat of punishment that is too light, the lack of clarity on the parties deemed appropriate for the crime. accountable for crimes categorized as pornography, and inconsistent law enforcement.

The Law Enforcement On Phornographic Cases

This study aims to determine the form of law enforcement against pornography in the investigation process as well as to find out the obstacles faced and provide solutions in overcoming the crime of pornography according to Act No. 44 of 2008, and also to find out the judges' considerations in deciding criminal cases of pornography in the Jepara District Court with case number 138/Pid.B/2018/PN.Jpa, and to find out the law enforcement of pornography crimes based on Act No. 44 of 2008 concerning pornography. This research was carried out at the Jepara District Court. To achieve the objectives of the study, the researchers used data collection methods: interview methods, library methods, and data analysis methods related to the discussion being studied. The conclusion of this research isBased on the facts revealed at the trial, the defendant has been proven to have fulfilled all the elements of the article and in the trial there were no things that could abolish the crime, both justifying reasons and excuses, while for the philosophical and sociological aspects, what was considered by the Panel of Judges was because The defendant's actions violated the norms of decency in society. So that the sentence is very appropriate to be handed down to the defendant so that there is a sense of justice in the community.

Penerapan Hukum Terhadap Penyebar Video Porno Implementasi Undang-Undang Nomor 44 Tahun 2008 Tentang Pornografi

This study aims to determine the qualifications of the crime of distributing pornographic videos in the view of criminal law and to determine the application of material criminal law to the crime of spreading pornographic videos. This research method uses a normative juridical approach, secondary data from library research techniques. Then it was analyzed qualitatively and then presented descriptively. The results of the research conducted by the author that the act of pornography is a crime that is private in nature so that law enforcement against pornography eradication there are many difficulties. One of the inhibiting factors for eradicating pornography is the lack of cooperation from the community and various parties in reporting this crime. The application of criminal law has a tendency to be influenced by the structure of society, which is an obstacle that allows the application of criminal law to be carried out and can provide obstacles that lead to the application of criminal law cannot be carried out or cannot be maximized. The elements of a pornographic crime consist of a subjective element, namely an error, which means that the act was intentionally or with its consent, and an objective element, namely an act (to be) which means an object or model that contains pornographic content. (2) The crime of pornography is carried out based on the Criminal Procedure Code unless otherwise stipulated in Law Number 44 of 2008.