International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Vol 7 No 2 (2025)

Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions

Muhammad Hilmy Rizqullah Ramadhan (Unknown)
Abdul Madjid (Unknown)
Muktiono (Unknown)



Article Info

Publish Date
17 Jun 2025

Abstract

This study investigates the disharmony between Law No. 44 of 2008 on Pornography and Law No. 23 of 2014 on Regional Government, particularly regarding the division of authority between the central and regional governments in handling digital pornography crimes. Utilizing a normative juridical method, the research applies legislative, conceptual, and comparative approaches to assess the vertical and horizontal regulatory conflicts. The findings show that the lack of synchronization between legal provisions leads to legal uncertainty, fragmented enforcement, and contradictions in institutional roles, thus weakening the effectiveness of law enforcement in cyberspace. By employing the theoretical framework of Gustav Radbruch's legal certainty and Jeremy Bentham's utilitarianism, the study reveals that ambiguous authority obstructs legal performance and social protection. The study offers prescriptive solutions through harmonization of regulations, functional-spatial authority distribution, and intersectoral coordination mechanisms to establish a responsive, integrated digital legal governance system in Indonesia.

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Journal Info

Abbrev

IJIERM

Publisher

Subject

Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Education Other

Description

The International Journal of Islamic Education, Research and Multiculturalism (IJIERM) was formed in 2019 with number SK: 0005.26563630 / JI.3.1 / SK.ISSN / 2019.03. P-ISSN:2656-3630 now for E-ISSN:2722-7049 in management. IJIERM is a Journal relating to Education, Research, Islamic Education, ...