Andriyadi, Niko and , Hartanto, S.H., M.Hum (2017) Pengesampingan UU Nomor 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik Terhadap Terpidana Pornografi Dalam Perkara Anak (Kajian Yuridis Empiris Putusan Nomor 5/ Pid.Sus-Anak/2016/Pn Pct). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Globalization is a real result of increasingly advanced human civilization in the field of science and technology (IPTEK), especially communication and information technology and electronic communications. One of the recent crimes of electronic communications is the loading of elements of pornography or cyberporn. To prevent this, the government passed Law No. 11 of 2008 on Information and Electronic Transactions (ITE). An example of a cyberporn case, surfaced through the verdict of Pacitan District Court number 5 / Pid.Sus-Anak / 2016 / PN Pct, dated May 31, 2016, with the convicted children. In this ruling, the judge referred to the Pornography Act, Criminal Code, Child Protection Law and Criminal Procedure Code (KUHAP). However, it does not touch the ITE Act. That is why, the background of this legal writing questioned the effort to waive the ITE Act, based on empirical juridical studies of the verdict. Hopefully, this writing is able to find out the cause of the waiver of UU ITE and the legal impact that arises, from the point of view of the decision. With the hope, able to provide input and develop theories, especially law enforcement of pornography against children using technology media, but has not touched the point of view of the Law on ITE. The data in this writing was compiled through interviews with a single judge of the Pacitan District Court who passed the verdict, and the public prosecutor of the Pacitan District Attorney who gave the indictment as well as his demands. The results are then analyzed descriptively qualitative, by describing the condition or reality in the process of the ruling. Then parsed, identified, compiled and processed systematically. Culminates in the conclusions and suggestions of the authors by referring to relevant legal rules and related theories. The results of this writing, indicating that Decision Number 5 / Pid.Sus-Anak / 2016 / PN Pct depart from the indictment of the Public Prosecutor who refers to the provisions of the Pornography Act. Because the position of the convicts is still a child and student status, used the provisions that are considered quite light, in the hope of causing a deterrent effect. In addition, the provisions of the Pornography Act are considered easier to prove its criminal element. The verdict is also harmonized from the single indictment, namely returning the convicted child to the parents. It also shows that the Pornography Act is more dominant. Thus, if the ITE Act is enforced, and when the trial can not be proved its elements, it has the potential for fraudulent or unacceptable charges. As a result, the defendants can be declared free when objecting. The credibility of the Prosecutor is also questioned when such circumstances occur. Efforts to cause deterrent effect, should be accompanied by strict sanctions. Including, the judge's actions justify a single indictment, it should also be through in-depth review. For no guarantee of a single indictment can be justified. In this position the role of the Prosecutor is at stake. So the judge would be fairer in dropping the verdict. Keywords: Electronic Information and Transaction Law, Pornography Crime, Child Case Decision
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Electronic Information and Transaction Law, Pornography Crime, Child Case Decision |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | NIKO ANDRIYADI |
| Date Deposited: | 13 Oct 2017 01:55 |
| Last Modified: | 13 Oct 2017 01:55 |
| URI: | http://eprints.ums.ac.id/id/eprint/56288 |
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