Pertanggungjawaban Pidana terhadap Penegakan Hukum Pengguna dan Pemberi Jasa Prostitusi (Studi Beberapa Putusan Pengadilan Negeri)

Abstract

Prostitution cases in Indonesia are generally charged with several applica-ble provisions in laws and regulations, including those regulated in the Criminal Code, Law Number 21 of 2007 concerning the Crime of Human Trafficking, and Law Number 19 of 2016 concerning Information and Electronic Transactions. However, if we examine further the legal provisions mentioned above, none of the legal provisions that explicitly provide criminal sanctions against users and pro-viders of prostitution services, however, in one of the decisions studied in this re-search, the panel of judges sentenced providers of prostitution services to prison sentences on the basis of has violated the provisions of Law Number 19 of 2016 concerning Information and Electronic Transactions, but the defendant can be pun-ished because he spread immoral content, not because of his prostitution. There-fore, there are no provisions that expressly state criminal sanctions against users and providers of prostitution services. The research method used in this research is a normative research method which is descriptive analytical in nature, then the approach method used is a statutory and conceptual approach and data collection tools include document studies and interviews and use qualitative analysis. The results of the research state that legal regulations regarding criminal liability for users of prostitution services are seen from several existing provisions such as the Criminal Code, the new Criminal Code, Law Number 21 of 2007 concerning the Crime of Human Trafficking and Law Number 19 of 2016 concerning Information and Electronic Transactions. There is nothing that explicitly regulates criminal liability for users and providers of prostitution services. The factors causing the existence of users and providers of prostitution services consist of internal and external factors, internal factors of users of prostitution services cannot be separated from their own desires and faith, while factors of providers of prostitution services come from laziness and psychological conditions, then external factors of users of prostitution services cannot be separated from the influence of the environment and social media, while external factors providing prostitution services cannot be separated from economic and social conditions. Criminal law policy regarding criminal liability for providers and users of prostitution services, , so the penal measures that can be taken are criminalize users and providers of prostitution services, carry out criminal law policies, while non-penal measures can be carried out by applying cultural approaches, parental supervision and social approaches.