Penerapan Sanksi Pidana Penyalahgunaan Jejaring Sosial Dengan Tujuan Promosi Jasa Layanan Seksual (Studi Putusan Nomor 248/Pid.Sus/2024/Pn.Sby Dan Putusan Nomor 1701/Pid.Sus/2022/Pn.Sby

Abstract

The development of information technology has had a significant impact on various aspects of life, including the misuse of social networks for the purpose of promoting sexual services. "problems in the thesis entitled Implementation of Criminal Sanctions for Misuse of Social Networks with the Aim of Promoting Sexual Services (Study of Decision Number 248/Pid.Sus/2024/PN.Sby and Decision Number 1701/Pid.Sus/2022/PN.Sby), what are the forms of misuse of social networks in Indonesia, what are the provisions for criminal acts and criminal liability for misuse of social networks with the aim of promoting sexual services in Indonesia, how is the application of criminal sanctions against misuse of social networks with the aim of promoting sexual services based on the decision of the district court number 248/Pid.Sus/2024/PN Sby and the decision of the district court decision 1701/Pid.Sus/2022/PN Sby. The research in this paper was conducted using the normative legal analysis method with a statutory approach and case studies of court decisions No. 248/Pid.Sus/2024/PN. Sby and Number 1701/Pid.Sus/2022/PN.Sby. which is supported by secondary data consisting of primary legal materials and secondary legal materials, then the data is analyzed qualitatively. Primary legal materials are laws and regulations and district court decisions and secondary legal materials are obtained from law books. The data collection tool technique in this writing is a literature study. The results of the study show that the forms of misuse of social networks are very diverse and one of them is related to pornography, that the act of promoting sexual services through social networks, the provisions for criminal acts of promoting sexual services are regulated in several laws and regulations. In the two decisions analyzed, the prosecutor was considered appropriate to adjust the article to the role of the defendant, both those who acted alone and those who acted to promote others. In both decisions, the defendant received a sentence of six months in prison even though their levels of guilt were different. One of the defendants was considered to have committed violations systematically and continuously with a serious impact on public morals. The researcher believes that the judge should have imposed a heavier sentence on the defendant.