PENERAPAN PIDANA PENGANCAMAN MELALUI MEDIA SOSIAL DENGAN CARA MENYEBARKAN FOTO ATAU VIDEO PORNO MILIK KORBAN (Studi Perkara: 55/Pid.Sus/2019/PN.Gsk)

Abstract

Disseminating pornographic content through social media is a criminal offence specifically stipulated in article 45 of Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Information and Electronic Transactions. Defendant MYA has distributed photos and videos belonging to victims that have been obtained during courtship and then disseminated through social media and adult sites www.xvideos.com. Problem formulation in this study: 1. How is the application of criminal planning through social media by disseminating pornographic photos or videos belonging to victims in case No. 55/Pid.Sus/2019/PN.Gsk. 2. How is the judge's consideration of the application of criminal prosecution through social media by disseminating pornographic photos or videos belonging to victims in case No. 55/Pid.Sus/2019/PN.Gsk. This study uses a normative juridical approach. The data source used is secondary data which includes primary, secondary and tertiary legal materials. Data is collected by qualitative collection of documents, data and analysis. The results of the study: (1) The application of the criminal that has been dropped by the judge is in accordance with the provisions of Article 45of Law No. 19 of 2016 on ITE in which defendant MYA is sentenced to 2 years in prison. (2) The consideration of the judge in handing down the verdict is in accordance with the testimony of witnesses and existing evidence, which may make the judge consider both juridical and non-juridical considerations.