ANALISIS PUTUSAN HAKIM TENTANG TINDAK PIDANA PENYEBARAN PORNOGRAFI MELALUI MEDIA ELEKTRONIK (STUDI PUTUSAN NOMOR 250/PID.B.2022/PN.BKN)

Abstract

This study analyzes the judge's considerations in a case of the distribution of pornography through electronic media based on Decision Number 250/Pid.B/2022/PN Bkn. Using a normative juridical method, this study examines the application of law to deviant behavior that violates norms of decency. The results indicate that criminal penalties aim to improve the perpetrator's mental state and neutralize social dangers through legal reasoning that encompasses the values ​​of social justice. However, a discrepancy was found between the judge's sentence of 1 year in prison and a fine of Rp30,000,000 and the maximum penalty in Article 29 of Law Number 44 of 2008, which is 12 years in prison. The study concludes that synchronization between the judge's legal considerations and the provisions of the maximum sanction is necessary to optimally achieve the goals of legal certainty and a deterrent effect.   Keywords: Criminal Acts, Distribution of Pornography, Electronic Media