Pelecehan Seksual Melalui Media Sosial Ditinjau Dari Pasal 27 Ayat (1) Undang-Undang Tentang Informasi Transaksi Elektronik

Abstract

The purpose of this study is to identify: first, the modus operandi of the perpetrator in committing sexual harassment on social media. Second, the formulation of the offense in Article 27 paragraph (1) of Law Number 19 of 2016 on amendments to Law Number 11 of 2008 on Electronic Transaction Information (ITE) that reaches out to forms of sexual harassment on social media. The research uses normative research with a statutory approach. The results of the study concluded that First, there are at least 3 (three) modus operandi in general: a) by sending text, or images with negative content to the victim; b) spamming or writing inappropriate comments in the victim's comment field or social media; c) by approaching the opposite sex who is the target (victim). Approaching the targeted opposite sex accompanied by threats or rewards. Second, in relation to Article 27 paragraph (1) of the ITE Law, it must not reach various forms of sexual harassment through social media and prevent the birth of new forms of similar crimes through social media. This is because the provisions do not meet the elements of lex certa and lex scripta, namely that a law must contain elements of both actions, circumstances and consequences. In addition, a law must be strict, firm, clear and not contain various interpretations.