JAKARTA - Criminal law expert from Jentera Law College, Miko Ginting, thinks there is a need for victim protection in cases of pornographic content, especially women. He said this was in response to the circulation of immoral videos similar to the artist Gisella Anastasia alias Gisel on social media.
He gave an example of the case of Ariel Noah with Cut Tari and Luna Maya. In this case, Ariel is in prison after the porn video was released. Meanwhile, two other people are still suspects.
"The victim whose privacy was spared became a prisoner and was convicted. Meanwhile, the two female partners are still the suspects to this day. Not to mention the negative perceptions and judgment by the public that will continue to be carried out by them," said Miko as quoted by VOI. from his written statement to reporters, Tuesday, November 10.
He said that these victims should be the focus of attention regardless of whether they were public figures or not. "In essence, they are victims regardless of their social status," he said.
Furthermore, Miko said that in cases of immoral videos like this, the construction of criminal acts and the selection of offenses are important and must be careful.
He gave an example, in the Pornography Law, there is no explanation about the 'deliberately' element involved in pornography. So that anyone who stores, duplicates, produces pornographic content will be subject to this offense.
"For example, I received a link and it turned out that a video containing pornography was downloaded automatically, so I could be punished under the Pornography Law. For this reason, the police must apply the right offense to those who deliberately distribute this video with the motive of sexual exploitation (without consent) or even revenge porn (distribution of revenge-based privacy content), "he explained.
In this way, the victim should not shift to become the perpetrator and the public who accidentally accesses this kind of content should not be criminalized.
Furthermore, Miko considered, the police should have tried to withdraw or block the video from all social media platforms by cooperating with various parties because the digital world, such as the internet, has an immortal character or whatever is uploaded will be difficult to remove.
He also hoped that cases like this should become a momentum for law enforcement officials. So, when it happens again at a later date, there is already a standard procedure that must be carried out.
"That there are proactive steps and pay attention to the vulnerability of victims," he said.
It is known that Gisel, who is said to be in the immoral video, has spoken. He admitted that he was confused and also sad because he was again hit by the exciting video rumors that were allegedly similar to him.
"I'm confused about how to clarify, because it's not the first time it has hit me. So it's actually sad. It's okay to face it," said Gisella Anastasia, quoted by Antara, Saturday, November 7.
The ex-wife of Gading Marten was reluctant to comment further on the exciting video that shocked the virtual world and became a topic of conversation for netizens.
Gisel only asked all parties to pray that the issue that befell him this time could be quickly resolved. "Please pray so it can pass quickly," he said.
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Meanwhile, regarding the video that has already circulated, 8 social media accounts that uploaded this immoral video have been reported to Polda Metro Jaya. They were reported for spreading content deemed damaging to Indonesia's young generation.
Head of Public Relations of Polda Metro Jaya Kombes Yusri Yunus said the 8 social media accounts were reported by 2 different people. 5 accounts were reported by RE, while 3 other accounts were reported by PRN.
"Yesterday, those who reported the initials RE reported five accounts to Polda Metro Jaya. The PRN initials also reported the same about immoral videos on social media similar to G," said Yusri to reporters, Jakarta, Monday, November 9.
However, Yusri did not specify which accounts were reported. It's just that, he said, his party was conducting a search for the accounts that spread immoral videos. At least two accounts have been closed after spreading immoral videos similar to Gading Martin's ex-husband.
"There are two accounts that he has closed, but the digital traces will never disappear, they have been pocketed by the friends of the Directorate of Criminal and Criminal Investigation of Polda Metro Jaya," he said.
The police, he said, would trace the distribution of this video. This was done following a report from the public. "Will those who are almost similar to that be summoned, later while walking," said Yusri.
The articles presumed in the report are Article 27 in conjunction with Article 45 in the ITE Law and Article 8 in conjunction with Article 34 of Law Number 44 Year 2008 concerning pornography.
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