Analisis Tindak Pidana Penyebaran Konten Pornografi Karena Kesengajaan (Studi Putusan Nomor 169/PID.SUS/2018/PN.SKT).

Sahara, Muhammad and , Dr. Natangsa Surbakti, SH. M.Hum (2022) Analisis Tindak Pidana Penyebaran Konten Pornografi Karena Kesengajaan (Studi Putusan Nomor 169/PID.SUS/2018/PN.SKT). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The objectives of this study are as follows: a) To find out the criminal law policies regulating pornography; b) To find out the judge's consideration in deciding a pornography case on purpose in Decision Number 169 / Pid.Sus / 2019 / PN.Skt; c) To know Islamic law regulating pornography. This research was conducted with a juridical-normative approach and descriptive-qualitative research. The result of this research is that the legal provisions regarding pornography in the Criminal Code, which are formulated through the Elucidation in Article 282 Paragraph (1) The elements contained in Article 282 paragraph (1), paragraph (2) and paragraph (3) and Law Number 44 2008 concerning Pornography Article 1 points 1 and 2, Article 4 paragraph (1) in conjunction with Article 29. Elements of the criminal act of pornography, namely: a) importing; b) listen; c) show; or d) abuse power. This is also made clear in the elucidation of Article 13 Paragraph (1), namely: a) what is meant by an act includes producing, making, reproducing or duplicating; and; b) what is meant by use includes listening, showing, utilizing, possessing or keeping. Proof of Judge Decision Number 169 / Pid.Sus / 2018 / PN. Skt based on KUHAP and Law No.11 of 2008 in conjunction with Article 45 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and transactions, including that the defendant has fulfilled the elements of Article 27 paragraph (1) and based on the information from the available Evidence, it can be used as evidence in order to give the judge's conviction on the truth of a criminal act that has been committed by the defendant. According to the belief of the Panel of Judges, the sentence imposed on the defendant is expected to be of benefit and has also been able to fulfill a sense of justice that is acceptable to both the Defendant and the community. Islamic law explains pornography based on legal provisions, namely QS. an-Nur / 24: 30-31 and QS. al-Isra '/ 17: 32. The hadith narrated by Abu Daud explained that the Prophet SAW said to Ali: "O Ali, do not take the first view with the next view, because you are only allowed in the first one, while the latter is not". Indonesian Ulema Council Number 287 of 2001 concerning Pornography and Porno Action on August 22, 2001.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	pornography crime, pornography elements, judges decision on pornography crime
Subjects:	K Law > KI Indonesia > KG Law (General) K Law > KI Indonesia > KN Pidana
Divisions:	Fakultas Hukum > Hukum
Depositing User:	MUHAMMAD SAHARA
Date Deposited:	26 Feb 2022 06:15
Last Modified:	26 Feb 2022 06:15
URI:	http://eprints.ums.ac.id/id/eprint/98871

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