Tindak Pidana dan Pertanggungjawaban Pidana Penyebar Video Porno Melalui Internet yang dilakukan Individu di Indonesia

Abstract

Internet is a product of the Information Technology Communications is an interactive digital communication network. Internet has both positive and negative impacts. Man makes positive impact towards the information society, which allows every person to obtain and disseminate information quickly, cheaply, and can reach a wide area. One of the few negative impacts the use of the Internet is the dissemination of pornographic video via the internet (cyberporn). In Indonesia and government law enforcement officials still focus on blocking porn websites, porn destroys the product, and focus on the perpetrators only, while the indictment often leads to the propagator (the individual who first spread through Internet porn) in the realm of the internet. This research is normative, descriptive and analytical analyzes are presented as well as elements of the offenses contained in the cyberporn according to Law No.44 Year 2008 on pornography, and Law No.11 Year 2008 on Information and Electronic Transactions, and disseminator of criminal responsibility of individuals to do a porn video over the internet. The results showed, the issue of pornography prohibition contained in Article 4 paragraph (1) of Law No.11 Year 2008 on Pornography consisting of objective and subjective elements, there is a 108 (eight hundred) an offense in this article. Concerning the prohibition of the dissemination of pornography via the Internet stated in Article 27 paragraph (1) of Law No.11 of 2008 About Information and Electronic Transaction consisting of objective and subjective elements, there are 6 (six) an offense in this article. Criminal liability may be subject to the spreader porn video over the Internet by individuals, if it meets the elements of criminal liability that consists of the ability of responsible, errors, there is no reason for forgiving. To law enforcement and government are expected in addition to the focus to the actors and pornography products, the focus is also to spreading porn videos for indictment often leads to a propagator in the realm of the internet.