Analysis of Legal Returns Related to Children's Pornography

Authors

  • Hasmonel ‎

Abstract

This study aims to find, analyze, and study the philosophical foundation of the principle of child protection and regulation of child pornography in Law Number 44 of 2008 and how the nature of legal regulations relating to child pornography should be in the future.

This type of research is a mixture of normative juridical and juridical empirical research using a library approach. The library data were analyzed according to qualifications and classifications, which included child pornography and which included in the legal renewal group. In addition to using the library approach, this study also uses a statute approach which includes a conceptual approach, a case approach and a sociological juridical approach

This study concludes that Law Number 44 of 2008 concerning Pornography is philosophically a guideline for people to develop themselves and their lives by choosing and sorting out cultural values that develop both those that are appropriate and those that are not in accordance with the values of Pancasila. The juridical goal is to clarify and complete legal Norms about pornography and emphasize the differences in criminal sanctions for any violations involving children. The law is very necessary for the purpose of punishment. Sociologically, it is one of the tools of society in maintaining the order of life in facing the changes that occur and solving problems that arise as a result of the creation, dissemination and use of pornography in ways that interfere with the public interest.

Based on legal theories and the results of interviews with resource persons, future regulations relating to child pornography can prioritize prevention functions by explicitly explaining child pornography, adding different understanding of obscenity to children, child pornography, and also giving sanctions to children. parents or relatives or other people about information disseminated on social media to children by conducting counseling from correctional institutions or from the Indonesian Child Protection Commission (KPAI) so that we can protect children by taking precautions before something unexpected happen

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Published

2020-02-05

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Section

Articles