Analisa Hukum Pidana terhadap Tindak Pidana Prostitusi Online (Studi Putusan Pengadilan Negeri Palu Nomor 445/Pid.Sus/2020/PN.Pal)

Abstract

One case of the criminal act of online prostitution that needs to be studied is contained in Decision Number 445/Pid.Sus/2020/PN.Pal, as the criminal act of prostitution in this decision was carried out by two people who offered commercial services via the MiChat application. The actions carried out by the perpetrators fall into the category of actions called pimping. The actions of the perpetrators include those who intentionally and without right distribute and/or transmit and/or make accessible Electronic Information and/or Electronic Documents which have content that violates decency. Based on the background description above, the problem in this research can be formulated as follows: What is the legal regulation of criminal acts of online prostitution in Indonesia, criminal responsibility for perpetrators of criminal acts of online prostitution, and what are the considerations of judges in convicting perpetrators of criminal acts of online prostitution? in Decision Number 445/Pid.Sus/2020/PN.Pal. The research method used in this research is a type of normative legal research, which is supported by primary and secondary data sources, and qualitative analysis is carried out. The results of the research and discussion are that the legal regulation of criminal acts of online prostitution in Indonesia is contained in the Criminal Code, the Pornography Law, and the Information and Electronic Transactions Law, the Sexual Violence Crime Law, as well as the 2018 Criminal Code Bill. The criminal responsibility of perpetrators in online prostitution crimes is contained in Article 45 Paragraph (1) of Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions with a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000,- (one billion rupiah). The judge's consideration in convicting the perpetrator of the crime of online prostitution in Decision Number 445/Pid.Sus/2020/PN.Pal is as the judge considering the suitability of the elements of the crime committed by the perpetrator with the facts revealed in the trial.