IMPLEMENTASI KRIMINALISASI PADA PERBUATAN MENYEBARLUASKAN PORNOGRAFI MELALUI MEDIA SOSIAL BERDASAR ASAS KEPASTIAN HUKUM

Susilo, Arya Handika and SHOLEHUDDIN, MUHAMMAD (2023) IMPLEMENTASI KRIMINALISASI PADA PERBUATAN MENYEBARLUASKAN PORNOGRAFI MELALUI MEDIA SOSIAL BERDASAR ASAS KEPASTIAN HUKUM. Dekrit Jurnal Magister Ilmu Hukum, 13 (1). p. 1. ISSN (Cetak): 1978-6336

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Abstract

Disseminating pornography through electronic communication media such as smartphones connected to the internet is an act that is regulated and can be subject to criminal penalties under RI Law Number 44 of 2008 concerning Pornography under article 4 paragraph (1) in conjunction with Article 29 RI Law number 44 of 2008 concerning Pornography. However, in practice the aforementioned actions were also subject to criminal decisions based on RI Law Number 19 of 2016 concerning amendments to RI Law Number 11 of 2008 concerning Electronic Information and Transactions, so that if someone spreads pornography in the form of images, sound or moving images that violates the norms of decency then it can be punished under Article 27 paragraph (1) Jo Article 45 paragraph (1) RI Law Number 19 of 2016. This causes uncertainty in the implementation of statutory regulations that should be applied to the act of 'spreading pornography via the internet, one of which is through the media social'. In this study using legal research methods that are normative-juridical, the approach used in this legal research uses an analytical approach (analytical approach) and statutory approach (statue approach).From the results of the analysis in this study it was found that the nature of criminalization is where an act becomes an act that can be punished, in its implementation in the form of laws and regulations, there are principles that must be obeyed so that the purpose of law, namely justice, certainty and benefit can be truly fulfilled. especially in laws and regulations which in their enforcement do not conflict with each other,namely the principle of legal certainty, where in the principle of legal certainty there must be clear regulations in the sense that they are truly clear and do not result in multiple interpretations and in their enforcement they do not conflict with each other, then enforcement is consistent.

Item Type:	Article
Additional Information:	ITE, Pornography, Violation of Decency, Legal Certainty
Divisions:	Faculty of Law > Bachelor of Law > Magister of Law Faculty of Law > Magister of Law
Depositing User:	Perpus Ubhara Surabaya
Date Deposited:	01 Aug 2023 03:42
Last Modified:	01 Aug 2023 03:42
URI:	http://eprints.ubhara.ac.id/id/eprint/2025

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