Analisis Tindak Pidana Penyebaran Konten Pornografi Melalui Media Elektronik (Studi Putusan Nomor 169/Pid.Sus/2018/PN.Skt)

The purpose of this research is as follows: a) to find out the legal arrangements for criminal acts of pornography through electronic media; b) to find out the evidence of the judge in determining the defendant guilty of spreading pornographic content in Decision Number 169 / Pid. Sus / 2018 / PN. Skt; c) to find out pornography in the perspective of Islamic law. The method used in this research is the normative approach and the type of research used is descriptive. The results obtained are the regulation of pornography in positive law governed by several laws and regulations, including: Criminal Code (KUHP) formulated through Article 282 Paragraph (1), Article 282 Paragraph (2) and Article 282 Paragraph (3) relating to pornography in writing or orally as a livelihood or habit; followed by Article 533 relating to images or objects, which are capable of arousing the lust of youth. Then. Pornography is explained in Law Number 44 Year 2008 Concerning Pornography Article 4 paragraph (1) jo Article 29. Panel of Judges in Decision Number 169 / Pid. Sus / 2018 / PN. Skt assesses the deed committed by the defendant is intentional as a possibility because based on the testimony of witnesses connected with the defendant's legal facts obtained. Whereas in criminal law, the element without rights or against the law is also referred to as "wederrechtelijk": a) Contrary to objective law; or; b) Contrary to the rights of others; or; c) Without the rights that exist in a person; or; d) Without authority. The defendant is capable of being held responsible, then must be found guilty and inDecision Number 169 / Pid. Sus / 2018 / PN. Skt on Pornography if in jihayic fiqh is categorized as criminal law ta‘zir. Ulama view that jinayah relating to ta'zir is not monolithic, can be sentenced to death, bound, imprisoned, exiled, or fined. Violations that do not have legal provisions, the state has the authority to impose sanctions (ta‘zir) by making laws. Indonesian Ulema Council Fatwa Number 287 of 2001 on Pornography and Porno dated August 22, 2001, based on al-Isra 'verse 32, we are prohibited from approaching adultery, An-Nur verses 30-31 regulates how to get along, maintain honor, and limit the genitalia of Al- Ahzab Verse 59 regulates the genitalia of believing women, and Al-Maidah Verse 2 regarding the obligation to help each other in doing virtue and piety, and the prohibition of doing help to help in committing sins and violations, so the limits of pornography and porno-action according to Islamic law are clear