PERTIMBANGAN HUKUM HAKIM DALAM PENYELESAIAN TINDAK PIDANA REVENGE PORN

(Studi Kasus Putusan Nomor 71/Pid.Sus/2023/PN Pdl (ITE)

Abstrak

Revenge porn is a type of Online Gender Based Violence (KBGO) crime. The term
revenge porn is used for the benefit of the perpetrator by threatening to spread personal
content/information without permission
This research aims (1) to find out whether there are judges' legal considerations in
specific criminal acts, (2) to find out how sanctions are applied for these criminal acts.
This type of legal research uses a Normative research type with Descriptive research
characteristics. The data source in this research is secondary legal material. And the data
collection technique used in this research is literature study.
The conclusions of this research are: (1) the judge's legal considerations are seen
during the court process, (2) the application of criminal sanctions must be based on criminal
law theory, in this case Indonesia adheres to a combined theory. Apart from that, the forms of
criminal sanctions given are based on positive law, (3) the consequences of the decision are in
the form of imprisonment and fines as well as revocation of special rights decided by the
judicial judge.
Keywords: Revenge Porn, Sanctions, Crime