PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANAPEMERASAN DAN ATAU PENGANCAMAN MELALUI MEDIA ELEKTRONIK (Studi Putusan Nomor 239 Pid.Sus/2020/PN Plk )

Abstract

The criminal act of extortion and / or threats through electronic media is regulated in Article 45 paragraph (4) in conjunction with Article 27 paragraph (4) of the Law on ITE. The criminal act that occurred in Case Number.239 / Pid.Sus / 2020 / PN.Plk. The KB defendant was proven legally to have committed extortion and / or threats through electronic media. Formulation of the problem: (1) How is the application of crime against the perpetrator of extortion and / or threats through electronic media in the case of Decision Number 239 Pid.Sus / 2020 / PN Plk? (2) What is the judge's consideration in imposing a criminal offense against the perpetrator of a criminal act of extortion and / or threatening through electronic media in the case of Decision Number. 239 / Pid.Sus / 2020 / PN.Plk ?. This research uses normative legal research. The data source used was secondary data consisting of primary, secondary and tertiary legal materials. The data collection technique used document study and the data were analyzed qualitatively. The results showed: (1) Defendant KB was sentenced to Article 45 paragraph (4) Jo Article 27 paragraph (4) Law Number 19 Year 2016 concerning amendments to Law Number 11 Year 2008 concerning ITE with imprisonment for 7 (seven) ) month, and also impose a fine of Rp. 50,000,000, - (fifty million rupiah) provided that if the fine is not paid, it is replaced by imprisonment for: 1 (one) month. (2) Judges' considerations, decisions that have been determined by the judge shall be considered first with juridical considerations and non-juridical considerations.