Criminal Liability The Dissemination of Immoral Photos on Whatsapp Social Media

Abstract

This study aims to determine the regulation of criminal acts of spreading immoral photos on social media in positive law in Indonesia and to determine criminal liability for spreading immoral photos on Whatsapp social media. This research uses normative legal research methods. The normative research method is library legal research which is carried out by examining secondary legal materials or literature studies. The types of approaches used are the Statute Approach and the case approach. The results of the study show that the legal regulation of the criminal act of disseminating immoral photos is regulated in Article 281 to Article 283 of the Criminal Code, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and Law 44 of 2008 concerning Pornography. The criminal responsibility of the perpetrator has fulfilled all the elements in accordance with the indictment by the public prosecutor with an alternative charge of Article 27 paragraph (1) of the ITE Law, so the perpetrator must be declared legally and convincingly proven to have committed a criminal offense as charged in the first alternative charge, based on decision Number: 9/Pid.sus/2023/Pn.Mna, the perpetrator of the crime of spreading indecent photos on social media in Manna City, South Bengkulu was sentenced to imprisonment for 10 (ten) months and a fine of Rp50,000,000.00.