Analisis Yuridis Terhadap Tindak Pidana Dengan Sengaja Dan Tanpa Hak Mentransmisikan Dokumen Elektronik Yang Memiliki Muatan Melanggar Kesusilaan (studi Kasus)

Rahmanita, Febby (2022) Analisis Yuridis Terhadap Tindak Pidana Dengan Sengaja Dan Tanpa Hak Mentransmisikan Dokumen Elektronik Yang Memiliki Muatan Melanggar Kesusilaan (studi Kasus). Other thesis, Universitas Islam Riau.

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Abstract

The development of technology in this century is a new progress that is very important in human civilization. However, the extraordinary rapid development of the Internet is also not spared from negative impacts. One of the impacts is the emergence of new forms of crime related to the use or use of the internet. Revenge porn is one example of a form of crime through the internet or commonly called cyber-crime. The case with Number 506/Pid.Sus/2021/PN Pbr is one of the revenge porn cases that occurred within the jurisdiction of the Pekanbaru District Court. The formulation of the problem in this study consists of two points. First, how to prove in case Number 506/Pid.Sus/2021/PN Pbr. Second, how are the legal considerations of the Pekanbaru District Court Judge in Case Number 506/Pid.Sus/2021/PN Pbr. The purpose of this research is to find out the evidence in case Number 506/Pid.Sus/2021/PN Pbr and to find out the legal considerations of the Pekanbaru District Court Judges in Case Number 506/Pid.Sus/2021/PN Pb. The research method used in this research is the normative method (library law research method). Data is collected by examining documents and/or articles in printed or digital form. In this study, the data source is the decision on Case Number 506/Pid.Sus/2021/PN Pb. As well as legal documents, books, journals, official documents or other scientific works related to the discussion of this research. From the results of this study, it was found that the defendant was proven to have committed the crime of revenge porn against the victim. Evidenced by all evidence, namely experts, witnesses and real evidence, the defendant was proven to have violated Article 45 Paragraph (1) in conjunction with Article 27 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016. Furthermore, the researcher conducted an analysis with the result that the defendant actually violated Article 4 paragraph (1) in conjunction with Article 29 of Law Number 44 of 2008 concerning Pornography, Article 281 paragraph (1) of the Criminal Code, Article 282 paragraph (1) of the Criminal Code, and Article 310 paragraph (1) of the Criminal Code. The Panel of Judges stated that the defendant DOLLY SIBARANI alias DOLLY was guilty of committing a criminal act, intentionally and without the right to transmit an electronic document that had a content of violating decency as stated in the single indictment under Article 45 Paragraph (1) in conjunction with Article 27 paragraph (1) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. The defendant received a sanction in the form of imprisonment for 1 (one) year 4 (four) months and a fine of Rp. 500,000,000.- (five hundred million rupiah) subsidiary 2 (two) months of confinement reduced as long as the defendant was in custody with the order that the defendant remained detained.

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