CRIMINAL LIABILITY FOR THE DISTRIBUTION OF PORNOGRAPHIC CONTENT (A CASE STUDY OF INDONESIAN COURT DECISIONS)

The rapid advancement of digital communication has significantly increased the distribution of pornographic content, making it a critical legal and social issue in Indonesia. Although various regulations have been enacted, challenges persist in terms of legal interpretation, law enforcement, and the protection of victims.

This study employs a normative legal approach using a descriptive-analytical method. It applies statutory, case, and conceptual approaches by examining relevant laws, including Law No. 44 of 2008 on Pornography, Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions, and Law No. 12 of 2022 on the Crime of Sexual Violence, along with court decisions and legal literature.

This study aims to analyze: (1) the form of criminal liability for the distribution of pornographic content under Indonesian law, and (2) the legal protection provided to victims.

The findings reveal that Indonesian law recognizes criminal liability for individuals who intentionally or negligently distribute pornographic content, with sanctions ranging from fines to imprisonment. Court decisions indicate a growing recognition of various forms of distribution, including exploitation and non-consensual dissemination. In addition, victim protection has been strengthened through provisions related to confidentiality, restitution, legal assistance, and psychosocial support.

This study highlights the need for harmonization of regulations, clearer legal definitions, and improved law enforcement capacity. Strengthening the accountability of digital platforms and increasing public awareness are also essential to effectively address the distribution of pornographic content in the digital era.