PENERAPAN SANKSI PIDANA TERHADAP PELAKU KEJAHATAN KESUSULAAN BERDASARKAN KUHP DAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 TENTANG PORNOGRAFI (Suatu Studi di Reskrim Polres Konsel )

Abstract

Research objectives (1) To determine the forms of crimes against morality based on the Criminal Code and Law Number 44 of 2008 concerning Pornography (2) To determine the application of criminal sanctions against perpetrators of crimes against morality based on the Criminal Code and Law Number 44 of 2008 concerning Pornography. The research was carried out. In this research, the approach used is normative juridical, namely legal research taken from secondary data by processing data from primary legal materials, secondary legal materials, and tertiary legal materials. Research Results 1). Forms of crimes against morality based on the Criminal Code and Law No. 44 of 2008 concerning Pomography, are as follows: damaging morality, spreading in public writings, images/objects that violate morality, adultery, rape, having sex with women outside and within marriage who are not yet able to marry, obscene acts, facilitating obscene acts, trafficking in women and underage boys, treating/influencing women to be treated that can terminate pregnancy. Creating and distributing pomography services, lending/downloading pomography products, facilitating the act of making pomography, intentionally becoming an object/model, and making other people the object or model of pomography, showing pomography, involving children in pomography activities, influencing children to use pomography products or services.2). Application of criminal sanctions against perpetrators of crimes against morality based on the Criminal Code and Law No. 44 of 2008 concerning Pornography, in the case of sodomy the perpetrator is sentenced to 7 (seven) months in prison, while in the case of selling VCD/DVD porn the perpetrator is sentenced to 1 (one) month in prison and must pay a fine of Rp. 250,000,- (two hundred and fifty thousand rupiah).