POLITIK HUKUM MENGENAI PENGATURAN PERBUATAN PELAKU DAN PENGGUNA JASA PROSTITUSI ONLINE DI INDONESIA

Abstract

This research aims to analyze legal politics regarding the regulation of the
actions of perpetrators and users of online prostitution services in Indonesia. The laws
that regulate include: the 1945 Constitution; Law Number 21 of 2007 concerning
Eradication of the Crime of Human Trafficking; Law Number 44 of 2008 concerning
Pornography; Law Number 17 of 2016 concerning Amendments to Law Number 23 of
2002 concerning Child Protection. The formulation of the problem in the research is to
find out the regulation of online prostitution in the laws and regulations in Indonesia
and to find out the legal politics regarding the regulation of the actions of perpetrators
and users of online prostitution services in Indonesia.
The type of research that will be used in this research is normative juridical,
namely research carried out by examining secondary legal materials or research based
on standard rules that have been recorded and discussing legal principles and legal
synchronization.
In this case, the Criminal Code does not regulate the punishment of prostitutes
and users of online prostitution services, so they cannot be held criminally responsible.
If we examine the regulations outside the Criminal Code regarding online prostitution,
prostitutes and service users can be charged using Article 45 Paragraph (1) of Republic
of Indonesia Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008
concerning Information and Electronic Transactions, however this rule is still general
in nature which regulates prohibitions that violate decency. Prostitution regulations can
also be found in Regional Regulations, but not all regions have or issue Regional
Regulations on Prostitution, so their application is limited to the territory. The legal
policy that can be taken is by reforming criminal law by synergizing with the draft
concept of the Criminal Code, namely by criminalizing or making rules or regulating
the provision of criminal threats to prostitutes and users of online prostitution services
so that they can be held criminally accountable (penalization). The suggestion in this
research is that there should be an effort to implement legal politics in accordance with
the basic framework of national legal politics, so that the legal products produced do
not conflict with the goals of the state and the basic ideals of forming national law. The
author's idea of reform is that sex workers are given rehabilitation, job training and
working capital as an effort to prevent them from returning to commercial sex work.
Keywords: Legal Politics, Legal Regulations and Online Prostitution.