Analisis Hukum Pidana Terhadap Kekerasan Seksual Bebasis Online Di Media Sosial (Studi Putusan No. 1406/PID.rSUS/2023-PN Mdn, No. 150-Pid.Sus-2024-PN Bdw Dan No. 301-Pid.Sus-2024-PN Nnk)

Abstract

The development of information and communication technology, particularly through social media, has given rise to a new form of crime in the digital space known as Online-Based Sexual Violence (OBSV). This phenomenon includes online sexual harassment, the distribution of intimate content without consent (non-consensual pornography), and sexual extortion (sextortion). The surge in OBSV cases in Indonesia raises questions about the extent to which the existing legal system can provide effective protection for victims and ensure fair prosecution of perpetrators. Based on this context, the research formulates three main issues: how the legal framework in Indonesia regulates OBSV, how various forms of such crimes are increasingly prevalent on social media, and how the law is applied to perpetrators of Online-Based Sexual Violence (OBSV) in cases of revenge porn based on Decision No. 1406/Pid.Sus/2023/PN Mdn, Decision No. 150/Pid.Sus/2024/PN Bdw, and Decision No. 301/Pid.Sus/2024/PN Nnk. This research adopts a normative juridical method with a descriptive qualitative approach. The data analyzed includes primary legal materials such as legislation and three court decisions: Decision No. 1406/Pid.Sus/2023/PN Mdn, No. 150/Pid.Sus/2024/PN Bdw, and No. 301/Pid.Sus/2024/PN Nnk. The study also makes use of secondary legal materials in the form of academic literature, as well as tertiary legal materials to support the analysis. Data collection was conducted through literature and document study, with qualitative analysis used as the primary method of interpretation. The findings reveal that although the three cases share similarities in terms of criminal patterns (revenge porn and sextortion), there are inconsistencies in the application of the law. Differences in the legal basis used (ITE Law, Pornography Law, and Sexual Violence Law), along with variations in judicial considerations and types of rulings, reflect a lack of regulatory harmonization and a limited understanding of OBSV among law enforcement officials. Therefore, efforts are needed to strengthen legal capacity and ensure consistent application of legal norms to optimize legal protection for victims of OBSV.