PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA MENDISTRIBUSIKAN DOKUMEN ELEKTRONIK YANG MEMILIKI MUATAN MELANGGAR KESUSILAAN(Studi Putusan Nomor 1363/ Pid.Sus/ PN-JKT. SEL)

Abstract

The Crime of Distributing Electronic Documents with contents violates decency. Decision Number 1363 / Pid.Sus / 2017 / PN.JKT.SEL, Defendant Yulianto Bin Suwoto was proven to have committed a criminal act of distributing electronic documents that had charges of violating decency. Formulation of the Problem: (1) How is the application of crime to the perpetrator of a criminal act of distributing electronic documents that have the content of violating decree number 1363 / Pid.Sus / 2017 / PN. JKT.SEL? (2) What is the judge's consideration in deciding the case of the criminal offender in distributing electronic documents that have the content of violating decree number 1363 / Pid.Sus / 2017 / PN. JKT.SEL? This study uses a normative juridical approach. The data source used is secondary data consisting of primary, secondary and tertiary legal materials. The data collection technique used document study and the data were analyzed qualitatively. From the results of the research it can be concluded that: (1) The form of criminal application against perpetrators of criminal acts distributes electronic documents that have the content of violating decency in Article 27 Paragraph (1) in conjunction with Article 52 Paragraph (1) of the ITE Law and Article 4 Paragraph (1) in conjunction with 29 The Pornography Law in Decision Number 1363 / Pid.Sus / 2017 / PN.JKT.SEL, the defendant was sentenced to two years imprisonment and a fine of Rp. 1,000,000,000 on the condition that if the fine was not paid, it was replaced by three months imprisonment. (2) judge using two kinds of considerations, namely juridical and non-juridical considerations