ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI AMBON NOMOR : 273/PID.B/2020/PN. AMB TENTANG TINDAK PIDANA PORNOGRAFI DI MEDIA SOSIAL

Abstract

In the current era of globalization, it is marked by the rapid advancement of information and communication technology, and the higher human ability in these developments can make it easier for someone to commit crimes, including pornography on social media. Ambon District Court Decision Number: 273/PID.B/2020/PN. AMB, stated that the perpetrator was legally proven to have committed a pornographic crime as regulated in Article 29 of the Pornography Law. There is a problem with the indictment being inaccurate, clear, and complete by the public prosecutor in the decision. The purpose of this study is to analyze and find out the case that was decided by the decision of the Ambon District Court Number: 273/PID.B/2020/PN. AMB can be charged with Article 27 Paragraph (1) of the ITE Law, and to analyze and find out what the impact of the indictment prepared by the Public Prosecutor relates to the pornography case that was decided by the Ambon District Court in decision number: 273/PID.B/2020/PN . AMB. The method used in this research is normative juridical research using a statutory approach, a conceptual approach, and a case approach. In this case the Public Prosecutor in indicting the perpetrator in Article 29 of the Pornography Law is not appropriate, because in this crime the perpetrator uses an electronic device in the form of a mobile phone which is automatically connected to the internet.