PENERAPAN PIDANA TERHADAP TINDAK PIDANA DENGAN SENGAJA DAN TANPA HAK MENDISTRIBUSIKAN DAN/ATAU MENTRANSMISIKAN DAN /ATAU MEMBUAT DAPAT DIAKSESNYA INFORMASI ELEKTRONIK DAN/ATAU DOKUMEN ELEKTRONIK YANG MEMILIKI MUATAN YANG MELANGGAR KESUSILAAN (Studi Kasus

Abstract

ABSTRACT The criminal acts intentionally and without the right to distribute and / or transmit and / or make electronic information accessible and / or electronic documents that have contents that violate the decency are regulated in Article 45 paragraph (1) concerning Information and Electronic Transactions. Case Decision Number 516 / Pid.Sus / 2017 / PN Smn has been found guilty and threatened with a sentence of 1 year 6 months in prison and a fine of Rp.5,000,000. (1) How is the application of criminal in decision number 516 / Pid.Sus / 2017 / PN.Smn? (2) What is the judge's consideration in imposing a criminal act on the decision number 516 / Pid.Sus / 2017 / PN.Smn? This type of research was normative legal research, data sources used were secondary data consisting of primary, secondary and tertiary legal material with document study data collection techniques, the data were analyzed qualitatively. Conclusions from this study are (1) The application of criminal acts in criminal cases No. 516 / Pid.Sus / 2017 / PN.Smn all elements of criminal acts regulated in Article 45 paragraph (1) of Law Number 11 Year 2008 all have fulfilled the sentence imposed is 1 year 6 months. (2) Judge's considerations in Decision Number 516 / Pid.Sus / 2017 / PN.Smn according to the juridical aspects, namely facts, witness statements, defendants and evidence in court and sociological aspects, there are things which incriminate the defendant's actions disturbing the public and those who relieve the defendant had never been convicted, the defendant admitted his actions, and the defendant regretted his actions and promised not to repeat again. Keywords : Information, Transactions, Electronics, Documents, Decency