Proses Penyidikan Prostitusi Online di Media Sosial (Studi Polda Sumatera Utara)

Abstract

Investigating the practice of prostitution in Indonesian from past time, it is originally found in the times of Javanese kingdomes when women served as complement in faudal government system. According to Kartini Kartono, whoredom or prostitution is form of the social disease which development has to be stopped, without prejudice to the efforts required for prevention or restoration. Prostitution is deemed on offense againt decency or moral and violates the law. It develops as the time passed and insluenced by the exixtance of Indormation and Communication Technology Era. This research employs emprical juridical method which analyses the prevailing legal prpvisions and what is taking place in the society. It aims at revailing legal provisions and what is taking place in the society. It aims at revealing what actually happens in the society, by discovering fact to be used as the data taht are analysed to indentify the problems encountered by the society. This is an analyticcal descriptive research that describes the process of investigating online prostitution on social media, in order to provide clear explanation abaout the rearch problems. In Indonesian laws, online prostitution is regeluted the Criminal Code, Law No. 21/2007 on Eradication of Criminal Offense of Human Trafficking, and Law No. 11/2008 on Electronic Information and Transaction. However, obstacles are encountered in upholding these regalatioin, such as substantial obbstacles, structure and legal culture. The litigatioon carried out to overcome these ostacles are the legal policies/politics, penal policy, and non-penal policy. Penal policy, is carried out by firstly updating the legal system starting from the substantial law, using the Criminal Code Bill that has been realized in 2019 whch contains futuristic interpration to convict prostitution even though its conviction is not stipulated, and it is further regulated in Article 2. Secondly, the litigation can be carried out by renewing the legal structure, in which the police the police has its own operational system eanabling them to decline and break the prevalance rate of online prostition, and not the otherwise, namely police patrol, development parner, and guarding. Thirdly, the litigation is conducted by renewing the legal culture inseparable from society, and especially individual moral. The Non penal policy hat can be carried out is by educsting the society, either formal or informal educatin, and by issuing summons from the regional police, precient police