Highlighting Legal Sanctions for Pornographic Videos

JAKARTA - The public has been shocked again by a porn video case. This time it was the turn of artist Rebecca Klopper, whose hot scene with a man became a favorite of many people after the video spread on social media.

For Rebecca herself, this is not the first time a porn video of her with a man has been spread. Several months ago, the artist who starred in the film Virgo and The Sparklings also encountered a similar case.

Cases of spreading this obscene video have occurred repeatedly in Indonesia. But the public is often confused because the handling of video distribution cases is often not the same from one case to another.

No problem for personal use

Farizal Pranata Bahri, a criminal law observer, said that discussing the case of spreading porn videos was biased. However, one thing is certain, according to him, recording obscene scenes is not a problem as long as it is only for personal purposes, meaning it is not distributed for public consumption.

Therefore, the person who can be charged in the case of a porn video is the one who distributed it. This is in accordance with Article 27 paragraph (1) of the ITE Law Juncto Article 45 paragraph (1) of Law 19/2016 concerning acts of malicious and unauthorized distribution and/or transmitting and/or making accessible electronic information and/or electronic documents containing content. who violates morality, carries a maximum prison sentence of six years and/or a fine of up to IDR 1 billion.

"Those who can be charged with distributing obscene videos are of course those who spread them, because there is an element of distributing or transmitting content that violates decency," said Farizal to VOI.

The problem is that those who perform pornographic videos often escape sanctions. In fact, referring to Law Number 44 of 2008 concerning Pornography, anyone who consciously and deliberately records obscene scenes is considered to be involved in the distribution of pornographic content.

But Farizal explained that the concept of the principle of presumption of innocence in criminal science could allow pornographic video actors to escape. As long as the actor in the nasty video scene can prove that he was negligent or was under the control of the video maker or because he was not aware that it was being recorded, then he cannot be prosecuted either through the ITE Law, the Pornography Law or the Criminal Act of Sexual Violence (TPKS).

“As long as he can prove to investigators that he was not aware when his partner recorded him during an intimate scene, then he can be acquitted of all charges. "Those who can be made suspects and can be tried are the parties who 'spread it'," said the owner of the law firm JFB&Partners.

"Apart from that, if you record pornographic videos only for personal purposes, you cannot be subject to articles of the ITE Law or the Pornography Law."

Farizal continued, that parties who distribute pornographic videos will not only be subject to the ITE Law. He can also be prosecuted under TPKS Law Number 12 of 2022 on 12, 13 and 14.

In the TPKS Law Number 12 of 2022, Article 13 reads: Every person who unlawfully places someone under his or her or another person's power and makes him helpless with the intention of exploiting him sexually, shall be punished for sexual slavery, with a maximum imprisonment of 15 (fifteen) years. and/or a maximum fine of IDR 1 billion.

The Distribution of Pornographic Content Must Be Examined Carefully

The public certainly still remembers when Nazriel Irham, or more popularly known as Ariel Noah, became the center of attention throughout the country because his porn videos with a number of women were distributed. The porn video of Ariel and Luna Maya and Cut Tari went viral on social media in 2010.

Ariel, who was at the peak of his career with the band Peterpan, had to be sentenced to three years and six months in prison and a fine of IDR 250 million on January 31, 2011. Two female actors, namely Cut Tari and Luna Maya, were not charged because they were considered important witnesses when the trial was held.

At that time, the judge assessed that the vocalist of the band Peterpan was careless in saving the video on an external hard disk until the video spread. Ariel was then deemed to have violated Article 56 of the Criminal Code concerning giving other people the opportunity to spread immoral material.

Pevita Pearce's ex-lover was also charged with Article 4 Juncto Article 29 of Law Number 44 of 2008 concerning Pornography. Ariel is also subject to Article 27 of Law No. 11 of 2008 concerning the Internet and Electronic Transactions.

The porn video case also brought Anisa Hardiyanti and Aryarota Cumba Salaka, who starred in the red-shirted porn video, to prison. The two of them made a porn video of having sex with the title 'Red Kebaya' and sold the video recording to other people.

The panel of judges stated that both of them were legally proven to have violated Article 29 Juncto Article 4 paragraph (5) of Republic of Indonesia Law Number 44 of 2008 concerning Pornography Juncto Article 4 paragraph (1) of the Criminal Code. Aryarota was sentenced to one year and two months in prison, while Anisa was given a lighter sentence of one year.

Apart from being thrown into prison, each actor in the red kebaya video was also fined IDR 250 million. If you cannot pay, you must be bailed out with a prison sentence of two months.

Back to Rebecca Klopper and Gisella Anastasia, who were also involved in a porn video case. Both of them are known to have walked free without punishment, even though they were questioned by the police. Farizal said that the two of them could not be immediately punished, because there was a possibility that the hot video of the two of them was spread by a third party.

“Investigators must be more careful in determining who the spread started from. "Because with today's sophistication of technology, it is possible for the two artists to have their cellphones hacked or have their data copied," concluded Farizal.