Vol. 6, Issue 3 (2020)
Reconstruction of legal policy on online prostitution crime in Indonesia based on justice value
Author(s): Ikama Dewi Setia Triana, Gunarto, Sri Endah Wahyuningsih
Abstract: The focus of this research is what are the weakness of the policy on the formulation of criminal law against online prostitution in positive law in Indonesia so that it does reflect the value of justice and how to reconstruct the criminal law formulation policy on online prostitution in Indonesia based on the value of justice. The research use constructivism paradigm, which aims to produce a reconstruction of thinking, understanding or new ideas and theories in the criminal law system in material criminal law with a normative juridical approach, as the main approach and carried out through the legislative approach, case approach, fact approach, legal concept analysis approach and comparative study. The results showed that the weakness of the formulation contained in the Criminal Code and the Electronic Information and Transaction Law is that it cannot be used to ensnare all parties involved in online prostitution crimes because the provisions are partial and discriminatory, thus becoming a criminal factor for the development of this type of crime. Therefore the ideal reconstruction of the policy is to reconstruct Article 27 paragraph (1) of Law No. 11/2008 and Article 45 paragraph (1) of Law No. 19/2016 which is based on non-discriminatory and the existence of equality before the law which is sourced from the norm or values that lives in the community and comparative studies. From the findings of the research it is recommended that online criminal acts of prostitution need to be regulated more firmly to ensure legal certainty and as a complete recognition of this type of crime so as to be able to resolve the problems that arise in the field.