Efektivitas Penerapan UU No. 19 Tahun 2016 Tentang Informasi dan Transaksi Elektronik dalam Memberikan Perlindungan Hukum Korban Kasus Kekerasan Seksual Berbasis Elektronik (Analisis Putusan Nomor 243/Pid.Sus/2024/PN Btl)

Abstract

Advancements in information technology have given rise to various forms of crime, one of which is electronic-based sexual violence (KSBE) involving "Video Call Sex" (VCS). This study aims to analyze the application of substantive law in Bantul District Court Decision Number 243/Pid.Sus/2024/PN Btl, as well as the effectiveness of the Electronic Information and Transactions Law (UU ITE) in providing legal protection for victims. This is a normative legal study employing statutory, case, and contextual approaches. Data were obtained through literature review and analyzed qualitatively. The results indicate that the application of substantive law in the decision aligns with prevailing legal provisions, as all elements of the charged criminal offense were legally proven based on the evidence presented. However, the panel of judges did not consider Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) as the specific regulatory basis for KSBE. Furthermore, the application of the UU ITE has not been effective in providing legal protection for victims; while it satisfies the aspect of legal certainty, the aspects of legal protection and victim recovery have not been optimally addressed. Therefore, harmonizing the application of the UU ITE and the UU TPKS is necessary to ensure more comprehensive protection for victims.