Criminal Responsibility System Against Online Criminal Acts of Prostitution in Indonesia.
Journal Title: International Journal of Social Science And Human Research - Year 2023, Vol 6, Issue 03
Abstract
The criminal responsibility system for the crime of prostitution in Indonesia is partial and discriminatory. There is no guarantee of legal certainty and a legal vacuum for Commercial Sex Workers and their service users. This study aims to analyze and find the criminal responsibility system for prostitution according to positive criminal law in Indonesia and the weaknesses of the criminal responsibility system for prostitution based on the value of Pancasila justice. The paradigm in this research is post-positivism, which aims to produce new thoughts, understandings or ideas and theories in Indonesia's material criminal law system. The method of normative juridical approach, with secondary data sources obtained through literature studies both on primary, secondary and tertiary legal materials, the data were then analyzed by qualitative descriptive methods. The study results show that the construction of positive criminal law in the Indonesian Criminal Code and the Electronic Information and Transaction Law (UU ITE) cannot be used to impose criminal liability on all parties involved in this crime. The provisions are partial and discriminatory. Weaknesses can be seen from the aspect of substance, structure, and culture so that the ideal reconstruction of the policy is needed to reconstruct Article 296 and Article 506 of the Criminal Code as well as Article 27 paragraph (1) and Article 45 paragraph (1) of the ITE Law which is based on non-discrimination and equality before the law that comes from extracting living values, In society.
Authors and Affiliations
Sri Endah Wahyuningsih, Subaidah Ratna Juita, Anis Masdurohatun, Muchamad Iksan
Keywords
Related Articles
- EP ID EP713606
- DOI 10.47191/ijsshr/v6-i3-06
- Views 84
- Downloads 0
The Use of English Translated Meranao Literature in Enhancing the English Language Proficiency among Grade 10 Learners
This study aimed to determine the English language proficiency of learners among Grade 10 learners in one of the schools in Lanao del Sur. A one-group pre-experimental research design was used to examine the effectivenes...
Legal Protection against Unregistered Marks and Unfair Competition Practices (Comparative Study of Indonesia and the United States)
Business competition cannot be avoided any more if you decide to be involved in the business sector. However, business competition is only sometimes carried out automatically, fair and healthy. There are still many busin...
Tracer Study of the Graduates of the School of Business and Accountancy, Pilgrim Christian College Cagayan De Oro City, Philippines
A tracer study stands as an indispensable tool for assessing the efficacy and success of the programs or courses offered by a school. This comprehensive analysis documents various aspects such as the employment status, c...
A Critical Pragmatic Study of Ageism in American Political Context
Ageism has increasingly emerged i n contempora ry American political discourse as a focal point of critique, particularly in the context of prominent political figures such as President Joe Biden. Ageism, or age based di...
Standardized Lecturers at University in the Context of Industrial Revolution 4.0: Highlights and Points Needing Improvement
Industrial Revolution 4.0 has had a significant impact on our lives, which motivates the education sector to train human resources to adapt to society according to new trends. That is why universities always strive to im...