Legal Analysis Of Criminal Responsibility For The Distribution Of Pornographic Content Via Electronic Media Study Of Decision 75/Pid.Sus/2025/Pn Gdt

Abstract

Advancements in information technology have facilitated the dissemination of information but have also led to the misuse of electronic media for spreading pornographic content. This study aims to analyze the dissemination of content violating public decency and the criminal liability of the perpetrator, based on Court Decision Number 75/Pid.Sus/2025/PN Gdt. A normative-juridical method was employed, utilizing both statutory and case-based approaches. The findings reveal that the defendant distributed videos and screenshots containing indecent material via WhatsApp, Facebook, Instagram and TikTok. These actions satisfied the elements of Article 27 paragraph (1) of Law Number 1 of 2024. Criminal liability was established because the defendant possessed the capacity to be held accountable, acted with intent (dolus directus) and lacked any grounds for justification or excuse. Thus, the defendant’s actions can be held criminally liable in accordance with the applicable laws and regulations.