Albayan : Journal of Islam and Muslim Societies
Vol. 1 No. 02 (2024)

Analisis Yuridis Tindak Pidana Penyebaran Konten Asusila Berdasarkan Undang-Undang No. 19 Tahun 2016 Tentang Informasi Dan Transaksi Elektronik

Satria Bagus Santoso (Unknown)



Article Info

Publish Date
04 Oct 2025

Abstract

Criminal acts of indecency involving the dissemination of indecent photos through social media have a negative impact on society. The research questions include: (1) how are criminal acts of indecency involving the distribution of indecent photos through social media accounts regulated by law; (2) how are perpetrators held accountable; and (3) how do judges consider criminal sanctions against perpetrators, as in Decision Number 483/Pid.B/2019/PN.Amb. This research uses a descriptive literature review method and a normative legal approach analyzed qualitatively. Legal regulations regarding the distribution of indecent photos through social media are contained in the Criminal Code, Law Number 44 of 2008 concerning Pornography, and Article 27 paragraph (1) in conjunction with Article 45 paragraph (1) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning ITE. The perpetrator's punishment in the verdict was 3 (three) years imprisonment and a fine of IDR 1,000,000,000, with a subsidiary penalty of 2 (two) months imprisonment. The panel of judges found all elements of the criminal offense proven based on evidence, witness testimony, and the defendant's statements. No justifying or exculpatory reasons were found, so the defendant's actions were legally accountable.

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Journal Info

Abbrev

ajims

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in ...