PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA PORNOGRAFI PADA WEBSITE ONLYFANS (STUDI PUTUSAN NO: 23/PID.B/2022/PN WAT

Abstract

The law regulates the prohibition of producing, distributing, and trading pornographic content as regulated in Law of the Republic of Indonesia Number 44 of 2008 concerning Pornography, with the threat of severe punishment. However, the sentence imposed on defendant F is still relatively light. In fact, in Decision Number 23/Pid.B/2022/PN. WAT Defendant F through multiple articles. The formulation of the research problem is 1) How is the application of the elements of a criminal act to perpetrators of pornography crimes? 2) What are the judge's considerations in imposing criminal penalties on perpetrators of pornography crimes? This study uses a normative legal approach, data sources in the form of secondary data, consisting of primary, secondary, tertiary law. Data were collected through document studies and analyzed qualitatively. Based on the study, it was concluded: (1) The Panel of Judges Sentenced to 10 months in prison and a fine of IDR 250,000,000, subsidiary to 3 months in prison. (2) The judge's consideration in this sentence is based on aggravating factors, such as social impacts, as well as mitigating factors such as the psychological condition of the prostitute who is an exhibitionist. Although this decision is in accordance with applicable regulations, this study found that the sentence given is relatively light compared to the social impacts caused. In addition, the weakness in the supervision of foreign digital platforms such as Onlyfans, shows the need to strengthen regulations against digital pornography.