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All Journal Jurnal Daulat Hukum Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Sultan Agung Notary Law Review
Abdul Kholiq
Universitas Pembangunan Nasional “Veteran” Jakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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The Criminal Liability for Users of WhatsApp Stickers Containing Pornography Alif Putra Widiyanto; Abdul Kholiq
Sultan Agung Notary Law Review Vol 8, No 2 (2026): June 2026
Publisher : Program Studi Master of Notary Law (S2), Faculty of Law, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.v8i2.52845

Abstract

The development of information and communication technology has not only had a positive impact on society but has also given rise to negative consequences. One of the negative impacts of this technological advancement is the shift in criminal activities from the physical world to the virtual realm. The emergence of cybercrime has driven legal developments to address these new forms of criminal activity. This also applies to the evolution of criminal liability under the criminal law provisions in force in Indonesia. Criminal liability may also be imposed in the context of innovations in information and communication technology, such as in WhatsApp sticker packs containing pornography. In the case of “Batu City Communication and Information Office’s WhatsApp Group Inundated with Pornographic Stickers” and the case of “Female Student Reports to Police After Her Semi-Nude Photo Becomes a WhatsApp Sticker,” the imposition of criminal liability can be seen from the presence of the element of fault under criminal law in accordance with the principle of geen straf zonder schuld (no punishment without fault). In the case of “Batu City Communication and Information Office’s Media WhatsApp Group Inundated with Pornographic Stickers”, criminal liability is centered on the act of using WhatsApp stickers containing pornography, with the victims being members of the Batu City Media Press 2021 WhatsApp group, under the pretext of a joke. The element of fault was established due to the intentional act of sending or using WhatsApp stickers containing pornography in the Batu 2021 Media Press group, as the visual content clearly constituted pornography that violates public decency under criminal law. Meanwhile, in the second case, “Female Student Reports to Police After Her Semi-Nude Photo Becomes a WhatsApp Sticker”, criminal liability is imposed on the perpetrator who created and used the pornographic WhatsApp sticker due to the intentional use of the victim’s photo as a WhatsApp sticker, which violates public decency under criminal law.
WEIGHTING ANALYSIS CRIMINALIZATION IN CRIME FILICIDE CRIME BASED ON PERSPECTIVE CRIMINOLOGY (THEORY POSITIVIS CRIMINAL) Jevon Verrell Yosuaria Sitompul; Abdul Kholiq
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21298108

Abstract

Filicide is a criminal act of murder committed by a parent against their own child, becoming one of the most complex forms of crime criminologically because the perpetrator is the party who is legally most responsible for the victim's safety. This study examines the provisions for aggravating filicide punishments in Indonesian positive law and analyzes the perpetrator's criminogenic factors through the perspective of the criminal positivist theory developed by Lombroso, Ferri, and Garofalo. The method used is a juridical-normative with a literature study of several court decisions. The results of the study indicate that the judge's considerations in aggravating punishments have not fully integrated the perpetrator's biological, sociological, and psychological factors systematically, so that standardized criminological guidelines are needed to produce more proportional and just decisions.
The Dilemma of Restorative Justice as Impunity for Perpetrators of Sexual Violence Against Children Dewi Safira; Abdul Kholiq
Jurnal Daulat Hukum Vol 8, No 4 (2025): December 2025
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v8i4.49044

Abstract

The increasing application of restorative justice in handling cases of child sexual violence in Indonesia has sparked controversy due to its potential to create impunity for perpetrators and neglect victims’ rights. This study aims to analyze the dilemma of restorative justice as a form of impunity in child sexual violence cases and to propose an ideal model that ensures the fulfillment of victims’ rights and the realization of substantive justice. The research employs a normative legal method using statutory and conceptual approaches. Primary and secondary legal materials are examined through qualitative analysis to identify inconsistencies between regulatory norms and practical implementation. The findings reveal that although restorative justice aims to restore victims and rehabilitate offenders, its misapplication especially when diversion is carried out without sufficient attention to the victim’s recovery may result in impunity and re-victimization. Furthermore, the lack of understanding among law enforcement officials, inadequate monitoring mechanisms, and social pressure contribute to ineffective victim protection. The study proposes a victim-centered restorative justice model that emphasizes comprehensive victim recovery, offender accountability, and active community participation supported by trained facilitators and strict supervision. The novelty of this research lies in offering a structured model for implementing restorative justice that balances victims’ and offenders’ rights, thereby ensuring substantive justice and preventing impunity in cases of child sexual violence.
Co-Authors Alif Putra Widiyanto Dewi Safira Jevon Verrell Yosuaria Sitompul