scholarly journals TINJAUAN HUKUM PIDANA TERHADAP PENGGUNA JASA PROSTITUSI ONLINE

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 132-139
Author(s):  
Sri Husnulwati
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Commercial Sex ◽  
Legal Research ◽  
Commercial Sex Workers ◽  
Electronic Transactions ◽  
The Law

Looking at the articles in the Criminal Code, there are no articles that can be used to ensnare users of commercial sex services or commercial sex workers themselves. If referring to the law, of course, the targeted parties are only brokers and pimps. This study tries to see how the criminal law foundation can be used to ensnare users of online prostitution services. This research is a type of legal research which is also referred to as empirical legal research. The results of this research are, (1) Law No. 11 of 2008 concerning Information and Electronic Transactions is not appropriate to be used to deal with complex prostitution issues, (2) Law Number 44 of 2008 on Pornography does not explain specifically about users of online prostitution services, so in this case the Act cannot ensnare service users in the practice of online prostitution.

scholarly journals SANKSI PIDANA TERHADAP MUCIKARI YANG MEMASARKAN PROSTITUSI MELALUI SARANA MEDIA ONLINE (STUDI KASUS: PUTUSAN PENGADILAN NEGERI DENPASAR NO. 642/PID.B/2015/PN.DPS.)

2018 ◽  
Vol 1 (1) ◽  
pp. 784
Author(s):  
Calvin . ◽  
Dian Andriawan Daeng Tawang
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Online Media ◽  
Commercial Sex ◽  
Commercial Sex Workers ◽  
Criminal Sanctions ◽  
Electronic Transactions ◽  
The Law

Cybercrime is a crime involving online media means as an object to carry out the crime. Cybercrime itself also has many forms that one of them is cybersex, cybersex is a crime that violates the offense of decency in which the crime involves the medium of online media. For example the case in this case is a crime in the form of selling the services of online prostitution whose perpetrator is a pimp, pimps in this case means the person who acts as a caregiver and / or owner of commercial sex workers. Most cases of online prostitution crime are in the bali area of Denpasar. Online prostitution crime itself has violated Article 45 paragraph 1 of Law Number 19 Year 2016 on Information and electronic transactions. But the panel of judges in its decision only decided in the form of articles contained in the Criminal Code so that the imposition of criminal sanctions on the defendant became very light and made the perpetrators became not afraid of the relatively light criminal sanctions. So that the law in Indonesia becomes very weak and from the light criminal law sanction makes the perpetrators continue to do the crime action. When viewed from the lex specialist derogate legi generalie principle stating the special provisions to override general provisions, meaning that the Act should be used is Law No. 19 of 2016 on Information and Electronic Transactions.

scholarly journals Criminalization of Commercial Sex Workers and Service Users of Commercial Sex Workers in Criminal Law Renewal

2021 ◽  
Vol 8 (12) ◽  
pp. 267
Author(s):  
Muhamad Khalif Ardi ◽  
Supanto Supanto ◽  
Rehnalemken Ginting
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Sex Workers ◽  
Criminal Liability ◽  
Criminal Code ◽  
Service Users ◽  
Commercial Sex ◽  
Conceptual Approach ◽  
Commercial Sex Workers ◽  
The Future

The purpose of this study is to look at the regulation of the actions of workers and service users of commercial sex workers in the current criminal law and to see the regulation of the actions of workers and service users of commercial sex workers in the future. This research is a normative research or doctrinal legal research using a statutory approach and a conceptual approach. The results of this study are that there is no clear regulation in Indonesian criminal law regarding criminal liability for the actions of workers and service users of commercial sex workers other than those contained in certain regional regulations, and in the future with the criminalization of acts of sexual intercourse outside the marriage bond as an act The criminal complaint in the Draft Criminal Code (RKUHP) must be changed into a form of ordinary crime so as not to limit the movement of law enforcement officers in carrying out law enforcement related to the actions of workers and users of commercial sex workers.

scholarly journals RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Legal Concepts

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.

scholarly journals PENINDAKAN HUKUM TERHADAP PELANGGAN DAN PEKERJA SEKS KOMERSIAL

2020 ◽  
Vol 2 (1) ◽  
pp. 43
Author(s):  
Selvidiyanti Harefa ◽  
Suriani Suriani ◽  
Ismail Ismail
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Sex Workers ◽  
Research Method ◽  
Criminal Code ◽  
Moral Problem ◽  
Commercial Sex ◽  
Commercial Sex Workers ◽  
Structural Problem ◽  
Governing Law

Prostitution is a fundamental structural problem that occurs in society because it is still understood as a moral problem. Provisions related to prostitution are regulated in the Criminal Code (KUHP), namely Article 296 and Article 506. It can be seen that criminal law only categorizes prostitution as a criminal act against its intermediaries (Pimp or Pimp). Whereas in cracking down on Customers and Commercial Sex Workers not in the Criminal Code specifically regulate it, a legal vacuum occurs. In this paper using a normative research method with the problem approach is the statutory approach. The problem raised in this paper is how the categories of perpetrators in commercial sex activities and how legal action in dealing with customers and commercial sex workers. Based on this, it can be concluded that the regulations governing law enforcement against customers and commercial sex workers are regulated based on the respective regional regulations in each region.

scholarly journals Tanggung Jawab Notaris terhadap Keabsahan Tanda Tangan Para Pihak pada Perjanjian dibawah Tangan yang di Waarmerking

2020 ◽  
Vol 1 (2) ◽  
pp. 232-236
Author(s):  
Anak Agung Bagus Indra Dwipraditya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Law Enforcement ◽  
Sex Workers ◽  
Criminal Code ◽  
The Political ◽  
Service Users ◽  
Commercial Sex ◽  
Electronic Information ◽  
Modus Operandi ◽  
Commercial Sex Workers ◽  
Legal Provisions

Prostitution cases have emerged as a phenomenon having continuously loaded with law enforcement actions in Indonesia; the modus operandi is getting developed over time. The case that is currently trending is the case of online prostitution. Although prostitution cases have been set forth in the Criminal Code and online transaction-related legal provisions can be found in the Electronic Information and Transaction Law (ITE Law), however, online prostitution cases are in fact difficult to eradicate. This is due to the condition that only the procurers or procuresses can be held liable for the acts, while sex workers (commercial sex workers) and the online prostitution service users cannot. This indicates that the prostitution-related legal arrangement needs to be reconstructed, and for that, the present study has an urgent force to be carried out to review the online prostitution regulations as well as the legal politics to eradicate prostitution, particularly regarding the criminalization of sex workers (commercial sex workers) and the online prostitution service users. This study applies a normative law research method design. The results of the study show that the Criminal Code does not regulate the conviction of commercial sex workers and online prostitution service users, so they cannot be held criminally liable for the act. If the online prostitution-related regulations outside those in the Criminal Code are examined further, sex workers and their service users can be charged with the ITE Law, but the rule is still general in nature - regulating prohibitions that violate decency. Regulations on prostitution can also be found in Regional Regulations (Perda), but not all regions have or issue the regulations on Prostitution, so their enforcement is limited to the territory. The political law that can be learned from this fact is the reform of criminal law through the synergy of the draft of Criminal Code concept through criminalization and the provision of criminal threats against commercial sex workers and the online prostitution service users so that they can be held criminally liable for (penalization).

scholarly journals Kritik Hukum Islam Atas Sanksi Pidana Pelaku Prostitusi dalam Peraturan Daerah

AL- ADALAH ◽  
2018 ◽  
Vol 14 (1) ◽  
pp. 47
Author(s):  
Aden Rosadi ◽  
Nashrulloh Nashrulloh
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Commercial Sex ◽  
Commercial Sex Workers

This article examines the Regional regulations relating to prohibition of prostitution in Indonesia from the perspectives of Indonesian Law and Islamic Criminal Law. As this study reveals, a number of contradiction occurs between Regional Regulations with Criminal Code. Such contradictions can be found in a number of regional regulations prohibiting prostitution, such as : No. 5/2002 of Cirebon Regency; Regulation No. 6/2003 of Medan City; Regulation No. 2 /2004 of Palembang City, Regulation No. 13/2002 of South Sumatra Province, etc. The contradictions include the determination of the authorized officers to handle the matter, the rules in case of erroneous arrest, and the determination of sanctions. The Criminal Code sets aside sanctions for Commercial Sex Workers (CSWs) and users of CSWs. It only prohibits of facilitating the immoral acts by other parties.. In Islamic criminal Law, prostitution is considered as a crime whose perpetrators are equated with adulterers sanctioned with stoning or whip.

scholarly journals Behavior Motives and Legal Study of Commercial Sex Workers Around Pemalang District Terminal Area

2020 ◽  
Vol 6 (1) ◽  
pp. 53-68
Author(s):  
Riyan Gunawan ◽  
Mirza Haris Mahendra ◽  
Hilmi Rizki Zakaria ◽  
Muhammad Qoyum
Keyword(s):  
Social Norms ◽  
Criminal Law ◽  
Sex Workers ◽  
Commercial Sex ◽  
Commercial Sex Workers ◽  
Legal Study ◽  
Social Forms ◽  
Current State ◽  
The Social ◽  
Terminal Area

Prostitution comes from the word prostitutio which means things to place, confront, offer. There are also other articles selling, peddling, but generally interpreted as surrender to many people by getting a reward for fulfilling that section of the person. Prostitution or prostitution is a serious problem and needs improvements that need to improve society, this disease develops very rapidly in the community. In addition to the social forms of social norms, prostitution is also a form of immorality in any religion that is not permitted and rejected. Although prostitution is issued in religion or law, many of these prostitution practices occur in Indonesia. Prostitution is a lucrative and promising business place for so many people to believe in their pride. It is necessary to establish a new criminal law legislation to provide legal attention to the imposition of sanctions aimed at commercial sex workers and users of services. Because the criminal law currently in force in Indonesia is considered not in accordance with the current state of Indonesia.

scholarly journals PENERAPAN SISTEM PEMBUKTIAN TERBALIK TERHADAP TINDAK PIDANA KORUPSI (SEBUAH UPAYA PROGRESIF DALAM PEMBERANTASAN TINDAK PIDANA KORUPSI)

2012 ◽  
Vol 1 (2) ◽  
Author(s):  
Muwahid
Keyword(s):  
Data Analysis ◽  
Criminal Law ◽  
Burden Of Proof ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Research Data ◽  
Proof System ◽  
Conventional System ◽  
Legal Research ◽  
The Law

<p align="center"><strong>Abstract</strong></p><p>The main object of this research is the regulation reversal burden of proof system of corruption in Act Number 20 of 2001. This research is a normative legal research, data obtained from primary legal materials that legislation, and secondary legal materials namely, books, journals and law relating to the burden of proof. The technique of data analysis uses content analysis.The results of research showed, <em>First</em> the reversal burden of proof system in criminal law of corruption stipulated in Article 12B paragraph (1), Article 37, Article 38A and Article 38B of Act Number 20 of 2001 on the eradication of corruption.<em> Second,</em> the application of reversal burden of proof principle in a criminal act of corruption is a specific provision in the law of criminal procedure, as a way to take war or eradicate of the corruption which is an extra ordinary crime, this provision is evidence of irregularities in the conventional system as was stipulated by the Criminal Code, in this case applies the principle of <em>lex specialis derogat lex generalis.</em><em></em></p><p><strong>Keywords</strong>: <em>Aplication,</em> <em>Reversal Burden of Proof, Corruption.</em></p>

scholarly journals PERTANGGUNGJAWABAN PIDANA PEKERJA SEKS KOMERSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI KASUS: 516/PID.SUS/2017/PN.SMN

2018 ◽  
Vol 1 (1) ◽  
pp. 1478
Author(s):  
Donny David ◽  
Mety Rahmawati
Keyword(s):  
Sex Workers ◽  
Research Method ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Online Media ◽  
Commercial Sex ◽  
Commercial Sex Workers ◽  
Sex Worker ◽  
The Law

The criminal liability issue of commercial sex workers is a hot issue among lawyers in Indonesia. Responsibility for criminal pimps has been positively regulated in legislation, but for commercial sex workers it certainly has not been explicit. That is the reason why this research is raised. The problem of this research is how criminal responsibility of commercial sex worker in prostitution crime through online media pursuant to Law Number 19 Year 2016 about amendment of Law Number 11 Year 2008 About Information and Electronic Transaction (Case Study: 516 / Pid. Sus / 2017 / PN Smn This research will be carried out using huku normati research method with case and law approach.The result of this research is that in Indonesia, criminal liability to commercial sex workers is not explicitly regulated, but implicitly regulated The legal umbrella that can be used to hold criminal liability for commercial sex workers is the Law on EIT, where if the commercial sex worker uses online media to prostitute herself, she may be held criminally liable.

scholarly journals Kriminalisasi Terhadap Pekerja Seks Komersial Melalui Online dalam Pembaharuan Hukum Pidana

2021 ◽  
Vol 2 (3) ◽  
pp. 594-598
Author(s):  
I Gede Yoga Pratama ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Human Trafficking ◽  
Sex Workers ◽  
Criminal Code ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Electronic Transactions ◽  
The Future ◽  
Materials Used ◽  
Study Techniques

Prostitution is behavior that is openly subject to adultery without any marriage bond. Nowadays prostitution is easy to find on various social media. Commercial-related regulations have been regulated in the Criminal Code, Law no. 19 of 2016 concerning Information and Electronic Transactions, Law no. 44 of 2008 concerning Pornography, Law no. 21 of 2007 concerning the Crime of Human Trafficking. This study aimed to examine the criminal law regulation of online sex workers according to positive law and uncover criminal sanctions against online sex workers in the future. This study was designed using normative legal research, with a Legislative approach. The legal materials used were primary legal materials and secondary legal materials. Data were collected using documentation study techniques and literature studies, then analyzed using systematic interpretation techniques. The results of the study indicated that sanctions for pimps are regulated in the Criminal Code, Law no. 21/2007, Law no. 44/2008, and Law no. 19/2016, and only article 284 of the Criminal Code concerning adultery that can ensnare prostitutes and customers if they have a family, and criminal sanctions for commercial sex workers in the future are contained in articles 425 to 428 of the Draft Criminal Code.

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