Manuscript Title:

PUNISHMENT FOR PERPETRATORS OF THE CRIME OF SPREADING PORNOGRAPHIC CONTENT USING SOCIAL MEDIA BASED ON LAW NUMBER 11 OF 2008 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS

Author:

HAPPY YULIA ANGGRAENI, GINANJAR PRATAMA, PAKSI DWI RINANDA CAHYO, ARIK AGUNG RISANTO, RENALDY BHINTARA PUTRA MAULANA

DOI Number:

DOI:10.5281/zenodo.8424061

Published : 2023-10-10

About the author(s)

1. HAPPY YULIA ANGGRAENI - Faculty of Law, University of Islam Nusantara, Indonesia.
2. GINANJAR PRATAMA - Faculty of Law, University of Islam Nusantara, Indonesia.
3. PAKSI DWI RINANDA CAHYO - Faculty of Law, University of Islam Nusantara, Indonesia.
4. ARIK AGUNG RISANTO - Faculty of Law, University of Islam Nusantara, Indonesia.
5. RENALDY BHINTARA PUTRA MAULANA - Faculty of Law, University of Islam Nusantara, Indonesia.

Full Text : PDF

Abstract

The presence of law as "a tool of social control" is very much needed, namely the function of law as a means of social control. Technological advances characterized by the emergence of new inventions such as the internet, is one of the causes of social change, other causes such as increasing or decreasing population, conflict in society, rebellion or revolution within the society itself. Some people consider technological advances such as the internet to provide many benefits, both in terms of safety and convenience. However, negative impacts also occur due to the influence of the use of internet media. Through the internet media, several types of criminal acts are easier to commit. The following are the qualifications of the criminal act of spreading pornographic content as revenge based on the Law: Subjective element: The element of intent, i.e. the perpetrator knows that the content being disseminated is pornographic content and disseminates it with the aim of taking revenge on the victim. The motive element, i.e. the perpetrator disseminates pornographic content with the aim of humiliating or hurting the victim. Objective element: The act element, i.e. the perpetrator disseminates the pornographic content to another person, either directly or indirectly. The object element: The pornographic content disseminated is content that violates decency. In both cases, the perpetrator can be charged with the criminal offense of defamation or dissemination of immoral content.


Keywords

Criminal Offense, Dissemination of Pornographic Content, Social Media