Legal Action Against Perpetrator Action Criminal Revenge Porn​​along with development increasingly internet technology proceed matter This one way with the rise of crime models involving technology especially those related to with the internet. One of action act cybercrime which often occurs​ occurs on the internet network is a cybercrime in field decency like crime pornography . Although rule about dissemination pornography through the internet media has set up in the law , in fact matter This Still often happened . The pornography case is still happen along with development technology is pornography reply revenge porn. [11]

RECAP OF DATA ON CRIMINAL OFFENCES AGAINST MORALITY (ITE) AT SUB-DIRECTORATE V OF SOUTH SULAWESI REGIONAL POLICE FOR THE PERIOD OF 2021-2023

Source image : SOUTH SOUTH SOUTH REGIONAL POLICE CRIMINAL RESEARCH DIRECTORATE

Based on results study writer at the South Sulawesi Regional Police , party police explain that action pornography reply revenge , or what is known as with the term "revenge porn", is action to spread material pornography containing​ picture or private video somebody without permission , with objective For harm or insulting the victim. This action can considered as violation law in Indonesia.

Efforts in overcome act crimes committed by the parties law divided into two , namely preventive and repressive . [12] Preventive efforts is action prevention before the occurrence crime . This action problem - centered or condition social which is direct or No direct cause or grow develop crime . While effort repressive more focus to punishment to perpetrator distribution content pornography that is done through giving sanctions law based on regulation applicable legislation . [13 ]

Preventive measures done with analyze reason the occurrence of revenge porn. Criminal acts This driven by several factors , such as motivation reply revenge , factor economy that drives perpetrator tend do illegal way in fulfil need life they , factors psychological , and factors social and cultural . [14] Preventive efforts done with method reduce impact factor Supporter behavior crime the .

Opening field Work such as MSMEs and empowerment programs society by government is one of efforts made so that the perpetrators No pushed do revenge porn action . In addition , blocking of websites containing pornography and socialization in the environment public done as effort grow positive moral values and preventing culturalization as well as distribution contents pornography . [12]

The victim also has role important so that the occurrence a crime . Because of that in business prevention and control must notice participants involved​ in a way direct or No directly . Those who participate in the occurrence a crime also greatly affects method prevention crime . Prevention efforts crime is business together and started as early as maybe on every member society and social strata . Every member public have not quite enough answer in countermeasures problem crime as well as the problem . [15]

Repressive efforts is implementation and rewards from the law violated by the act revenge porn crime . Punishment This done with objective return perpetrator to the right way so that No do revenge porn crimes are back . However , the regulations law in Indonesia has not arrange in a way specific about matter this . There is none yet agreed definition​ universally about revenge porn, so that matter This cause interpretation law become No clear . [7] Action criminal This Then set up using the Criminal Code and the ITE Law which discuss about pornography , act immorality , and the spread of content personal . Because of the law This load more from One action , its implementation potential overlap overlap its application to one case .

A number of rule the law that is called can used For take action perpetrator pornography reply revenge in Indonesia is as following :

Constitution Number 19 of 2016 concerning Information and Electronic Transactions (ITE)

Article 27 paragraph (1): Regulates about prohibition distribution , transmission , or make can accessible information electronics that have infringing load​ decency . The act of spreading material pornography without permission is violation to chapter This .

Article 45 paragraph (1): Determining sanctions criminal for those who violate Article 27 paragraph (1) with threat punishment imprisonment for a maximum of 6 years and/ or a maximum fine of IDR 1,000,000,000.

Constitution Number 44 of 2008 concerning Pornography

Article 4 paragraph (1) of the Pornography Law mention that degrading pornography​ dignity human and not in accordance with moral norms is prohibited . Although this law more focused on production and distribution content pornography in a way general , thing it is also relevant in context distribution personal images /videos of a private nature pornographic without permission .

Article 27 also regulates that anyone who makes , produces , or spread material pornography can charged sanctions criminal .

Criminal Code ( KUHP )

Article 281 of the Criminal Code regulates about action No indecent in place general , although more refers to action physical , but draft violation to decency can expanded in context distribution material pornography in a way illegal .

Constitution Number 11 of 2008 concerning Information and Electronic Transactions (ITE)

This is base law main in handle action violation related laws​ with technology information and communication , including distribution material pornography without permission .

Regulation related Personal Data Protection

Constitution The new Personal Data Protection Act (PDP Act) passed in 2023 also provides protection against personal data someone who can covers picture or personal videos . Distribution picture personal without permission can violate right privacy somebody in accordance with provision in this Act .

Enforcement law against Cyber Crime, as referred to in Article 5 paragraph (1) letter b of the Regulation Chief of Police Number 14 of 2012 concerning Action Education Management Criminal that is is Police Report made by member Indonesian National Police on reports / complaints received​ from society . Order Handling case in a way gradually done in 7 processes. [1] In the first process , because officer do report / complaint Cyber Crime , then officer publish report police related act criminal . Then investigator do inspection related witnesses​ in Cyber Crime crimes and check goods evidence , use make bright Cyber Crime crimes that occur . Next investigator do title case . After done title case , investigator do Determination suspect . Then it was done inspection to experts , in Cyber Crime cases related is an Information and Electronic Transactions (ITE) Expert , and a Digital Forensics Expert . Then send file case act criminal online gambling to the Public Prosecutor (JPU). When the investigation considered Already finished , then investigator deliver suspect and goods proof to the Public Prosecutor.

Party from detective criminal cyber unit special also said that the handling process law for perpetrator distribution pornography reply feud with what is done For objective others , such as commercial or distribution illegal handled with equal treatment​ or No distinguished . This is based on theory protection Where theory this and factors reply feud related with effort For reduce risks posed by the perpetrator crime . Protection theory law aiming For prevent perpetrator do reply feud Again with withhold perpetrators and implement proper law . [16 ]

They also said that the investigation and evidence process must be carried out done For to reveal act criminal pornography reply feud in context digital technology . The investigation process also uses tool cellebrite or tool special For lifting data on mobile perpetrator or tool distribution perpetrator . Cellebrite is tool device hard and application device software . This tool Can take data from device electronics , such as gadgets , computers , tablets, cards data storage , until device hard data storage . However , evidence revenge porn crime often difficult For collected Because scattered content​ online can​ just has deleted or manipulated . In addition , the investigation process done based on confession from perpetrator . perpetrator can quibble Because existence ambiguity definition law to definition of revenge porn so interpretation law become No clear and open gap for the perpetrator . [10] Therefore that , the determination sanctions criminal to perpetrators and distributors done with to consider elements somebody can considered guilty as well as aggravating and warning circumstances​ perpetrator .

In many case , appears criminal addition in the form of revocation right internet access . Criminal addition is criminal offenses that only can dropped on the side criminal main . [17] The Drop criminal addition its nature optional meaning the judge does not always must to drop a criminal addition for every the accused being tried , but it's up to your consideration is it beside to drop criminal principally , he has also mean to For to drop a criminal addition or no . the judge was given authority For do breakthrough law , namely with dig , follow , and understand values law and a living sense of justice in public as per Article 5 Paragraph 1 of Law 48 of 2009 concerning Power Justice .

At the moment Not yet there is rule the executor who regulates regarding procedures and supervision​ related with criminal revocation right internet access . Basically punishment criminal addition has set up in Article 10 letter b of the Criminal Code, namely revocation rights certain . In addition to the provisions criminal additional set​ in the Criminal Code, the type criminal additional also formulated in Article 18 Paragraph (1) of the Law Number 31 of 1999 concerning Eradication Action Criminal Corruption ( Corruption Law ), namely Expropriation goods , Payment of replacement money , Closing all over or part company , Revocation all over or part rights certain or deletion rights certain . Although in the Criminal Code and Constitution Number 19 of 2016 (ITE Law), no set up explicitly verbis​ about arrangement criminal addition in the form of revocation right internet access . However , the imposition of criminal the can interpreted as expansion meaning from provision criminal addition revocation rights certain as per Article 10 letter b of the Criminal Code.

Indictment perpetrator based on prerequisites that perpetrator must own ability For responsible . Because revenge porn can originate from factor psychological [10] , p. This means must There is confession that perpetrator own mental abilities required For understand consequence from action they . The Criminal Code does not give clear definition​ about When somebody considered capable responsible , but only to describe related provisions​ with matter that . One of provision the there is in Book I, Chapter III, Article 44 of the Criminal Code, which states : " Anyone who commits action that is not Can accountable Because existence mentally handicapped or disturbance soul Because disease , then the person No will charged criminal ."

In many situation , action criminal Can happened , even though , from perspective inner the accused , they Actually No worthy blamed on action they . [11] Apart from impeachment perpetrators , revenge porn cases can criminalize the victim by indictment content immoral . This is because of content pornography that is spread usually is content that has been approved recording . The victim can subject to Article 4 paragraph 1 of the Law Pornography and Article 27 paragraph 1 of the ITE Law which regulates about prohibition distribution content immoral .

Based on all over explanation previously , can it is said that Indonesia has not own the law that governs in a way specific regarding revenge porn. Loophole law this , can become gap for perpetrator For quibble where is the motive for revenge feud done Because perpetrator get treatment that is not Good moreover formerly from the victim. However , the regulations governing about distribution material pornography without permission and threat criminal for perpetrator can made into base strong law so that the perpetrators No do and also repeat his actions .

Use of internet media today is very important thing for fulfillment needs . The more the amount internet usage in Indonesia is not only give profit , will but also losses consequence misuse of internet media as means do crimes , including pornography . If you look closely Actually dissemination pornography the started from victim's consent as one of the contributing parties​ in making pornography as interest self . The victim's consent in matter This it is possible remember making pornography For interest Alone excluded from prohibition pornography based on Explanation of Article 4 paragraph (1) of the Pornography Law . Exceptions the positioning making pornography For interest Alone allowed throughout No disseminated . Making pornography For interest basically alone​ done with agreement second split related parties​ with substance information created​ and also objective making information Both of them . split party put self as maker information loaded pornography Both of them . split the parties also agree making the For documentation personal , not For disseminated .

In the case of revenge porn, the distribution information loaded pornography the done by one of partner with objective repay feud on Sick heart that is done by his partner . Someone who feels disadvantaged or become a victim special in pornography reply feud feel shame and pressure big psychological​ the consequences of cyber bullying from distribution pornography on the internet media. In addition , most victims also experience discrimination , getting negative stigma , being ostracized by society , being belittled and harassed Good both online and offline . Content pornography on the internet media is also very fast widespread and frequent leave very difficult digital footprint For removed . [7]

Constitution​​ Number 39 of 1999 concerning Human Rights Humans , who stated that Article 9 paragraph (2) states that " everyone has the right serene , safe , peaceful , happy , prosperous physical and spiritual ”. Article 30 states “ Everyone has the right for a sense of security and peace as well as protection to threat afraid For do or No do something . Based on articles​​ on can concluded that human rights of citizens are obligations and responsibilities state responsibility .

Many​ violation right basic humans one of them revenge porn, then need existence protection law for those who are victims of revenge porn because low price self and dignity and honor Woman as a victim. Second , the victim in case This experience pressure psychological in the form of ongoing feelings of anger and shame . Third , there is distribution content that is done perpetrator through social media . This is clear impact bad for the victim Because leave difficult digital content deleted , easy accessible , and open For published and reproduced by anyone . Fourth , the losses incurred by the victim in case This No only loss immaterial but also losses material so that considered important For get restitution , compensation , assistance medical , counseling , or help law . [10]

Condition the apparently understood former Constitution with do changes to the ITE Law related to right For abolished detrimental information​ for someone . Provisions law the set up in Article 26 paragraphs (1), (2) and (3) of the ITE Law which regulates :

Except otherwise determined by regulations legislation , use every information via electronic media concerning personal data​ somebody must done on the consent of the person concerned .

Any person who is violated his rights as referred to in paragraph (1) may submit lawsuit on losses incurred​ based on Constitution This ;

Every Organizer Electronic System is mandatory delete Electronic Information and/ or Electronic Documents that are not relevant which is below​ his control on request of the person concerned based on determination court . Provisions law the give right for the party who feels disadvantaged as consequence use information electronics in electronic media .

Rights that are regulated There are 3 ( three ) forms , namely right For give agreement on information displayed on internet media, rights For request change loss , and right on deletion detrimental information​ himself by the organizer system electronics . Related right final This can interpreted as right For forgotten which is still need understanding more carry on .

Victims often in undergo case the law get intimidation from various parties , especially by the perpetrator . [8] Therefore that , the State is trying give protection against victims and witnesses as regulated in Law No. 31 of 2014, namely :

Article 5 regulates about the rights granted to witnesses and victims , namely to obtain protection on security personal , family and property the object , and free from the threat in question with testimony that will , is , or has given , join as well as in the process of selecting and determining form protection and support security , providing information without pressure , get translator , free from a tricky question , got information about development case , got information about decision court , got information in matter convict released , kept secret his identity , got identity new , got place residence while , got place residence new , get replacement cost transportation in accordance with needs , get legal advice , obtaining help cost life temporary until the deadline Protection ended , and got assistance .

Article 6 regulates about help medical , rehabilitation psychosocial and psychology for victims of violations right basic heavy human , victim of crime criminal terrorism , victims of acts criminal human trafficking , victims of crime criminal torture , victim of crime criminal violence sexual , and victims of abuse heavy .

Article 7 regulates about right restitution obtained by the victim in form change loss on lost riches or income , change losses incurred​ consequence related suffering​ direct as consequence act criminal , and/ or replacement cost maintenance medical and/ or psychological .

Article 8 regulates about victim protection is carried out since investigation in progress until with case finished .

Article 10 regulates that the victim and witness No can sued during and while undergoing investigation process case until case has finished .

Victims of revenge porn are victims of harassment sexual which is also also set up in Law No. 12 of 2022 concerning Action Criminal Abuse Sexual . Regulation This load nine form violence sexual , namely abuse sexual , exploitation sexual , coercion contraception , coercion abortion , coercion marriage , rape , coercion prostitution , slavery sexual , and torture sexual . Although content pornography the allowed with exception interest personal based on Article 4 of the Pornography Law , however distribution revenge porn cases included in case exploitation sexual , so that the victim can get his rights in restitution consequence losses suffered​ Because case this . With the existence of Law No. 12 of 2022, the law can create procedures and systems more proof​ side with the victim. [7]

Although with Existing laws , not yet fully give protection towards the victim. Focus attention in a judicial process criminal is a person who violates law that is suspect / defendant . Suspect or defendant as perpetrator act criminal must face to face with State apparatus for the sake of upholding law and justice . Although in a way constitutional set up that everyone has​ right For protected , but in the practice rule applicable law​ Still Not yet answer about problem said . Treatment towards victims during the judicial process criminal considered is description protection towards the victim. [18] It means with existence the law that ensnares perpetrator , victim is considered has protected from existing threats .​

There is ambiguity about revenge porn law , another law later can become gap in discriminate against victims. ITE Law Article 29 concerning immorality often can​ misinterpreted and turned around blaming the victim. People who often do victim blaming and discriminate against victims because considered do action despicable . This is Because existence consent made by the victim to making content pornography . Distribution content the make the victim as perpetrator action immoral and can convicted with the ITE Law article 29 though its spread No done in a way directly by the victim. [7]

Therefore​ that , it is necessary more laws​ clear in arrange about revenge porn about victim protection , so that victims can ask and get his rights on losses and threats received​ through act revenge porn crime . Although applicable law​ moment This has arrange about victim protection , but the handling process revenge porn cases sometimes need long time so right deletion victim information is late done and already done spread across the internet. In addition , in reality Handling on rehabilitation the victim's psychology is still No can run with good . Rehabilitation facilities are very minimal and usually when case has finished , the victim will left alone so just Because considered has safe from danger . Repairing a good name in the eyes of society also does not handled with Good so that although individual is a victim but still own bad reputation . Handling of cybercrime cases and spreading of good name should focuses on restorative justice. [19] This naturally violating the ITE Law where the victim has the " right" For forgotten ”. Therefore that , is needed the law that governs about revenge porn for handling right restitution of victims after case finished can followed up with carefully .