Pornography in Indonesian Criminal Regulation: A Disharmony of Rules

DOI

10.2991/978-94-6463-352-8_19How to use a DOI?

Keywords

disharmony; pornography; Indonesian criminal regulation

Abstract

In Indonesian society, pornography is considered incompatible with moral values, ethics, noble character, and the nation's noble personality, faith, and piety to God and Pancasila as the ideology and basis of the state, which forms the basis that some acts involving pornography categorized as a crime. Indonesia regulates pornography through Acts Number 44 of 2008 concerning Pornography. Along with the changing times and the need for regulatory reform in criminal law in Indonesia, a new regulation was drafted, namely Acts Number 1 of 2023 concerning the Criminal Code which also regulates pornography. However, problems arose regarding the regulation of pornography performed in public. The new Criminal Code stipulates in Article 420 paragraph (1) letter a, that the act is punishable by imprisonment for a maximum of one year and six months or a maximum fine of category II. Whereas Article 36 of Acts Number 44 of 2008 concerning Pornography stipulates that the same act is punishable by a maximum imprisonment of 10 years and/or a maximum fine of Rp 5,000,000,000.00 (five billion rupiahs). This disharmony and perplexing application of the article can have implications for the criminal procedural law process that applies to solving pornography problems. The research method in this study is normative juridical. This research will analyze various laws and regulations in Indonesia, which are supported by theories in criminal law. This research might contribute to the application of criminal procedural law in Indonesia, especially the prevention of disharmony in the enforcement of pornography crimes.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Hanugrah Titi Habsari
AU  - Ladito Risang Bagaskoro
PY  - 2024
DA  - 2024/01/10
TI  - Pornography in Indonesian Criminal Regulation: A Disharmony of Rules
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 250
EP  - 258
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_19
DO  - 10.2991/978-94-6463-352-8_19
ID  - Habsari2024
ER  -