ANALISIS HUKUM TERHADAP PELAKU TINDAK PIDANA PENYEBARLUASAN PORNOGRAFI MELALUI INTERNET DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

Abstract

The problem of pornography has not been as expected, we can also see
this with the increasingly widespread spread of pornography through the internet.
So that the Ministry of Communication and Information of the Republic of
Indonesia said it would block various pornographic websites. People can still
freely distribute it on their respective social media such as Instagram, Twitter,
Facebook and others. Before the existence of special regulations governing
pornography itself, contained in Article 282 and 283 of the Criminal Code
(KUHP), because there were still many deficiencies in the Criminal Code, Law
No. 11 of 2008 concerning Information and Electronic Transactions was also
drafted. Law Number 44 of 2008 concerning Pornography.
This type of research is normative legal research, known as "legal
research." In this normative study it is addressed to the law approach. The law
approach is carried out by examining all laws and regulations relating to legal
issues being addressed. Legal research with a legal approach will examine the
principles of law, reviewing the consistency of regulations relating to the
perpetrators of criminal acts of disseminating cyber pornography in the
perspective of Indonesian criminal law.
In the results of research and discussion there are 3 main problems that can
be concluded. First, the government's efforts to block have not made the
perpetrators surrender because even now pornographic content that is spread in
the mass media through the internet is still far from the supervision of the
government. Second, existing laws and regulations are still less effective in
preventing and deterring perpetrators of the spread of pornography through the
internet. Third, the problem in the provision of Article 27 Paragraph (1) regarding
the definition of "decency" is that there is no explanation of the meaning of
decency whether it is the same as the definition of pornography, and the
maximum sentence imposed in this article is still in a mild level.
Keyword: Legal Analysis, Disseminator, Cyber Pornography.