| dc.description.abstract | The development of information and communication technology,
particularly through social media, has given rise to a new form of crime in the
digital space known as Online-Based Sexual Violence (OBSV). This phenomenon
includes online sexual harassment, the distribution of intimate content without
consent (non-consensual pornography), and sexual extortion (sextortion). The
surge in OBSV cases in Indonesia raises questions about the extent to which the
existing legal system can provide effective protection for victims and ensure fair
prosecution of perpetrators. Based on this context, the research formulates three
main issues: how the legal framework in Indonesia regulates OBSV, how various
forms of such crimes are increasingly prevalent on social media, and how the law
is applied to perpetrators of Online-Based Sexual Violence (OBSV) in cases of
revenge porn based on Decision No. 1406/Pid.Sus/2023/PN Mdn, Decision No.
150/Pid.Sus/2024/PN Bdw, and Decision No. 301/Pid.Sus/2024/PN Nnk.
This research adopts a normative juridical method with a descriptive
qualitative approach. The data analyzed includes primary legal materials such as
legislation and three court decisions: Decision No. 1406/Pid.Sus/2023/PN Mdn,
No. 150/Pid.Sus/2024/PN Bdw, and No. 301/Pid.Sus/2024/PN Nnk. The study also
makes use of secondary legal materials in the form of academic literature, as well
as tertiary legal materials to support the analysis. Data collection was conducted
through literature and document study, with qualitative analysis used as the
primary method of interpretation.
The findings reveal that although the three cases share similarities in terms
of criminal patterns (revenge porn and sextortion), there are inconsistencies in the
application of the law. Differences in the legal basis used (ITE Law, Pornography
Law, and Sexual Violence Law), along with variations in judicial considerations
and types of rulings, reflect a lack of regulatory harmonization and a limited
understanding of OBSV among law enforcement officials. Therefore, efforts are
needed to strengthen legal capacity and ensure consistent application of legal
norms to optimize legal protection for victims of OBSV. | en_US |
