PENERAPAN SANKSI PIDANA TERHADAP PELAKU PELANGGARAN PRIVASI PADA FITUR TEMAN DEKAT DI INSTAGRAM BERDASARKAN UNDANG- UNDANG NOMOR 19 TAHUN 2016 PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DI KOTA PEKANBARU

Abstract

One of the special features on instagram is the close friends feature. The close friends
feature available on Instagram is useful for making a list or list of close friends from account
owners. The purpose of using the close friends feature on instagram is so that the stories we
upload in the form of photos and videos that can only be seen by close friends. It turns out that
this instagram feature has a drawback, namely it can be a place where someone's privacy is
violated. The usual violation of privacy in this close friends The feature is recording screens or
screenshots of posts and distributing them to the public without permission. Dissemination of
private electronic information to the public is a form of privacy violation. If the
upload capture/screenshot contains personal data including name, writing, and/or images that
can identify a person then the distribution via electronic media must be carried out with the
consent of the person confirmed, according to Article 26 paragraph (1) Law 19/2016 . For this
act, every person whose rights have been violated, in this case the victim, can submit a lawsuit
for the harm incurred.
The purpose of this study is to find out the application of criminal sanctions to
perpetrators of privacy violations in the close friends feature on Instagram, in accordance with
Law Number 19 of 2016, Amendments to Law Number 11 of 2008 concerning information and
electronic transactions in Pekanbaru City. Second, to know obstacles in the implementation of
criminal sanctions against perpetrators of privacy violations in the "close friends" feature on
Instagram based on law number 19 of 2016, an amendment to law number 11 of 2008
concerning information and electronic transactions in the city of Pekanbaru.This research
method can be classified into the type of sociological legal research as research that wants to
see the unity between law and society with the gap between das sollen and das sein.
The conclusion from the results of the study that to provide a deterrent effect on the
application of criminal sanctions against perpetrators of privacy violations on the close friends
feature on Instagram is imprisonment. However, the application of these criminal sanctions is
only related to cases containing pornographic elements. Meanwhile, violations of privacy on
social media, such as those related to defamation, can be resolved non-penal (outside court) or
resolved through retorative justice. Efforts that can be made to deal with obstacles in the
application of criminal sanctions are that law enforcers work together with expert sanctions,
both linguist sanctions, to identify forms of privacy violations that can be categorized as
whether it is a privacy violation or not.
Keywords: Privacy Violation – Social Media – Instagram - ITE