Pertanggungjawaban hukum pornografi balas dendam (revenge Porn) di media sosial ditinjau dari perspektif teori keadilan bermartabat = Accountability of revenge porn in social media viewed from the perspective of the dignified justice theory

Ginting S., Sabarrajanta F. (2022) Pertanggungjawaban hukum pornografi balas dendam (revenge Porn) di media sosial ditinjau dari perspektif teori keadilan bermartabat = Accountability of revenge porn in social media viewed from the perspective of the dignified justice theory. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

In positive law in Indonesia, arrangements regarding acts of revenge porn are not specifically regulated. However, judging from the elements of the act, revenge porn is clearly a crime, so this act is included in the category of decency offenses, the provisions of which can be seen in the Criminal Code, namely Article 281, Article 282, ITE Law, Pornography Law and TPKS Law. Contains descriptions of types of research, types of data, methods of obtaining data, types of approaches, and data analysis. The problems that occur in today's society have been regulated in the protection and provision of existing laws, but sadly even though there are legal regulations or sanctions for each of these problems, they are still being violated or not obeyed due to various factors that often occur in that society, so that sometimes the power of law is not able to overcome it so that it happen again. Particularly in cases or phenomena of revenge porn. The formulation of the problem in this study, 1. How is the legal regulation of perpetrators of revenge porn in Indonesia? 2. How is the legal responsibility of revenge porn viewed from the Dignified Theory of Justice? This research was analyzed by applying a form of normative juridical research approach. The principle of culpability or the principle of no crime without fault is one of the most important principles in criminal law which implies that a person can be sentenced to a crime if the crime committed can be blamed on him. Criminal Revenge porn in Indonesia is regulated in the Criminal Code, the Pornography Law, the ITE Law and the TPKS Law. This article also regulates the actions of Revenge porn perpetrators who often take sexual pictures or videos secretly without the permission or consent of the victim while engaging in sexual activity. Legal responsibility for acts of revenge porn in the perspective of dignified justice theory must be implemented by upholding humane justice. In the context of Decision Number 150/PID/2020/PT BDG, according to the author, regarding the decision given by the panel of judges, regarding the application of articles to deciency cases that are inconsistent with The theory of dignified justice for the actions of the accused must be punished according to his actions because according to the authors the defendant has not been proven to have violated the elements of Article 8 jo. Article 34 of Law Number 44 of 2008 Concerning Pornography jo. Article 55 paragraph (1) of the Criminal Code.

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