RECONSTRUCTION OF PENAL SANCTIONS OF ONLINE PROSTITUTION PERPETRATOR BASED ON JUSTICE VALUEJournal: International Journal of Advanced Research (Vol.8, No. 02)
Publication Date: 2020-02-18
Authors : Ratih Mega Puspa Sari Gunarto; Eko Soponyono;
Page : 814-823
Keywords : Penal Sanction Online Prostitution Justice Value;
Online prostitution is a phenomenon that is quite alarming in Indonesia. Encouraged by this phenomenon, the author was moved to solve by making a research with the main issue discussed are what are the weaknesses in penal sanctions of online prostitution perpetrators in Indonesia currently and what are the ideal reconstruction of penal sanctions for online prostitution based on the value of justice in Indonesia. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach. Research shows that the weaknesses in law enforcement against penal acts of prostitution online in the Central Java Regional Police Penal Law Reskrimsus are the not yet optimal public's legal awareness caused by the lack of understanding and knowledge of the public regarding types of cyber crime. Until now, Indonesian people's legal awareness in responding to cyber crime activities is still felt to be lacking, there are limitations in facilities and infrastructure, and only a few number of cases reached the trial. With regard to this matter, the Reconstruction offered by the author of the regulation is to amend Article 27 (1) of Law No. 11/2008 to: "Everyone intentionally and without the right to distribute and / or make accessible electronic information and / or electronic documents accessible. violating decency or prostitution online. " And reconstruction of Article 45 (1) of Law no. 11 of 2008 becomes: "Every person who fulfills the elements referred to in article 27 (1), (2), (3), (4) is sentenced to a minimum of 4 years imprisonment and a maximum life imprisonment and or a minimum of Rp. 100,000,000 and a maximum of 100,000,000,000 and provide compensation to victims of a minimum of 100,000,000,000 and a maximum of 100,000,000,000.
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