PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU YANG MENYEBARKAN STIKER YANG BERMUATAN PORNOGRAFI MELALUI APLIKASI PESAN INSTAN WHATSAPP MENURUT UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK

Abstract

Cyber porn is a crime that is rife. One of the media for spreading pornographic
content is through the form of instant message stickers containing pornography in the
WhatsApp instant messaging application which is distributed by its users. As a crime,
perpetrators who distribute pornographic stickers can be held criminally responsible
based on existing laws. Therefore, writing this thesis formulates two problem
formulations namely; first, how is the legal arrangement related to pornography in
Indonesia. Second, what is the criminal responsibility for the perpetrators who distribute
stickers containing pornography based on Law Number 19 of 2016 concerning
Amendments to Law Number 11 of 2008 concerning Information and Electronic
Transactions.
This research is classified in the type of normative legal research. The research
was carried out by examining secondary data as well as an approach to laws. This
research examines the legal principles contained in Law Number 19 of 2016 concerning
Amendments to Law Number 11 of 2008 concerning Information and Electronic
Transactions and statutory regulations. -other related invitations. The data sources used
are primary data, secondary data and tertiary data. The data collection technique in this
study was by means of interviews and literature review and this research is normative
juridical in nature. After the data has been collected, it is then analyzed qualitatively,
then draws conclusions using a deductive thinking method, namely analyzing problems
from a general form to a special form.
This research explains that the regulation of pornography law in Indonesia is quite
clear as positive law, as stipulated in the Criminal Code, Law No. 44 of 2008 concerning
Pornography, Law Number 19 of 2016 concerning Amendments to the Law Number 11 of
2008 concerning Information and Electronic Transactions and Law no. 1 of 2023
concerning the Criminal Code. The act of distributing stickers containing pornography
based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008
concerning Information and Electronic Transactions can be held criminally liable with
the concept of criminal liability.
Keywords: Pornography - Criminal Actions - Criminal Liability