Penegakan Hukum terhadap Pelaku Pidana yang Menyebarluaskan Konten Pornografi di Media Sosial (Studi Putusan Nomor 111/PID.SUS/2020/PN.Trk)

Abstract

The legal framework governing the dissemination of pornographic content in Indonesia is relatively strong and comprehensive. Although the Indonesian Criminal Code (KUHP) does not specifically regulate pornography, provisions relating to morality can be applied, further reinforced by the existence of the Electronic Information and Transactions Law (ITE Law) and the Pornography Law as special regulations. The Pornography Law functions as lex specialis, providing clearer legal certainty, while the ITE Law addresses dissemination through electronic media. However, challenges persist in law enforcement, particularly regarding regulatory harmonization and the effectiveness of implementation ini practice. Ideal law enforcement must meet three key elements: legal certainty, utility, and justice, and should involve both preventive and repressive approaches. In practice, as reflected in Decision Number 111/Pid.Sus/2020/PN.TRK, the court considered both juridical aspects (based on legal evidence and provisions) and non-juridical factors ( such as the defendant’s attitude and remorse). This research employs a normative juridical method, relying on the study of literature and secondary data, and adopts a descriptive approach. The data analysis method usd is qualitative. Harmonization between the KUHP, ITE Law, and Pornography Law is crucial for creating efficient and non-overlapping enforcement. Additionally, strong synergy among law enforcement agencies such as the police, prosecutors, and judiciary, must be enhanced to ensure consistent and fair application of the law. Law enforcement should also prioritize utility through education and prevention, rather than focusing solely on punishment. Equally important is increasing attention to the victims of pornography-related crimes, as their psycological and social impacts are often overlooked. Therefore, a comprehensive, fair, and adaptive legal approach is necessary to provide better prptection for society and to enhace public trust in the judicial system.