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All Journal Collegium Studiosum Journal Lex Stricta : Jurnal Ilmu Hukum
Napiah, Ilman
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTANGGUNGJAWABAN PIDANA PELAKU REVENGE PORN DI INDONESIA: ANTARA CELAH HUKUM DAN URGENSI PERLINDUNGAN KORBAN Napiah, Ilman; Terranova, Rheyna
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1458

Abstract

This research discusses legal gaps and victim protection efforts in revenge porn cases in Indonesia. Revenge porn involves the dissemination of intimate photos or videos of an individual on the internet without consent, with the intent of retaliation. The lack of specific regulations makes definitions, evidence, and sanctions weak. Articles of the Penal Code, ITE Law, and Anti-Pornography Law are vulnerable to differing interpretations, while the objective elements are insufficient. The CATAHU survey indicates that cases of Gender-Based Violence (GBV), such as revenge porn, have increased significantly during the pandemic. Victims experience psychological trauma and suicide risks. Meanwhile, the law has not ensured adequate protection. The analysis shows the need for regulatory revisions to clarify criminal elements, proof, and sanctions concerning this retaliatory behavior to protect the dignity and privacy of victims. Efforts should focus on strengthening regulations to close legal loopholes. It is hoped that specific regulations on revenge porn crimes will be established, and the latest Penal Code will address these specific objective elements. Additionally, enforcement should include education. However, it is necessary to examine comparative practices and the roles of relevant parties.
PERTANGGUNGJAWABAN PIDANA PELAKU REVENGE PORN DI INDONESIA: ANTARA CELAH HUKUM DAN URGENSI PERLINDUNGAN KORBAN Napiah, Ilman; Terranova, Rheyna
Collegium Studiosum Journal Vol. 7 No. 1 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i1.1458

Abstract

This research discusses legal gaps and victim protection efforts in revenge porn cases in Indonesia. Revenge porn involves the dissemination of intimate photos or videos of an individual on the internet without consent, with the intent of retaliation. The lack of specific regulations makes definitions, evidence, and sanctions weak. Articles of the Penal Code, ITE Law, and Anti-Pornography Law are vulnerable to differing interpretations, while the objective elements are insufficient. The CATAHU survey indicates that cases of Gender-Based Violence (GBV), such as revenge porn, have increased significantly during the pandemic. Victims experience psychological trauma and suicide risks. Meanwhile, the law has not ensured adequate protection. The analysis shows the need for regulatory revisions to clarify criminal elements, proof, and sanctions concerning this retaliatory behavior to protect the dignity and privacy of victims. Efforts should focus on strengthening regulations to close legal loopholes. It is hoped that specific regulations on revenge porn crimes will be established, and the latest Penal Code will address these specific objective elements. Additionally, enforcement should include education. However, it is necessary to examine comparative practices and the roles of relevant parties.
Dinamika Hukum Isbat Cerai Tinjauan Filosofis Terhadap Asas Sederhana Cepat Dan Biaya Ringan Sobirin, Lisda Apriliani; Napiah, Ilman; Taufik, Taufik; Firdaus, Muhamad Iqbal Ansori
Lex Stricta : Jurnal Ilmu Hukum Vol. 4 No. 3 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v4i3.1861

Abstract

This study examines the legal dynamics of isbat cerai (validation of unregistered divorce) through a philosophical review of the simple, fast, and low cost (SCBR) principle within Indonesia’s Religious Courts. The high prevalence of unregistered divorces creates an urgent need for retroactive recognition; however, the implementation of isbat cerai remains constrained by regulatory fragmentation, rigid evidentiary standards, and judicial interpretations that tend to be formalistic. Constitutionally, the SCBR principle serves as an instrument for fulfilling the right to access to justice, ideally aligning with the Islamic legal maxims of taysīr (facilitation) and rafʿ al ḥaraj (removal of hardship) within maqāṣid al sharīʿah. Employing a normative legal method with a doctrinal analytical design, this research synthesizes procedural justice theory, utilitarianism, and Islamic legal philosophy to comprehensively examine the alignment between legal norms and judicial practice. The analysis reveals a philosophical tension between formal legal certainty and substantive justice, wherein complex procedures disproportionately marginalize petitioners from economically disadvantaged backgrounds. Furthermore, digital transformation through the e-Court system has yet to address the restructuring of substantive case examinations, meaning that administrative efficiency does not automatically guarantee substantive justice. The study concludes that the SCBR principle must be constructed as a binding judicial interpretive guideline rather than merely an administrative directive. Strategic recommendations include the application of teleological interpretation, cost standardization based on petitioners' economic capacity, and the simplification of evidentiary procedures. This research bridges the dichotomy between legal formalism and substantive justice, while simultaneously offering a philosophical foundation for a more inclusive and socially responsive reform of the Religious Courts. These findings are expected to serve as a policy reference for the Supreme Court in drafting technical guidelines for isbat cerai that prioritize substantive justice.
Co-Authors Firdaus, Muhamad Iqbal Ansori Sobirin, Lisda Apriliani Taufik Taufik Terranova, Rheyna