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SANKSI PIDANA TERHADAP PELAKU CYBER FLASHING (STUDI KOMPARATIF HUKUM PIDANA INDONESIA DAN HUKUM PIDANA SINGAPURA)
This research examines criminal sanctions against perpetrators of cyber flashing as a form of digital sexual violence within the perspectives of Indonesian criminal law and Singaporean criminal law. Cyber flashing, involving the transmission of sexually explicit images or videos without the recipient’s consent, has become a serious issue because it causes psychological harm, violates privacy, and threatens the dignity of victims in digital spaces. This study aims to examine the regulations and criminal sanctions against perpetrators of cyber flashing in Indonesia and Singapore and to analyze them through Jasser Auda’s maqāṣid al-sharī‘ah theory. This research is a normative legal study employing a juridical-normative approach with a descriptive-comparative analytical nature. Data were collected through library research involving legislation, books, academic journals, and legal references related to cyber flashing and electronic-based sexual violence. The analytical framework used is Jasser Auda’s maqāṣid al-sharī‘ah systems approach, which emphasizes openness, multidimensionality, and purposefulness in Islamic law. The findings reveal that the regulation of criminal sanctions against cyber flashing perpetrators in Indonesia and Singapore shares the same objective of protecting victims but differs in terms of legal specificity. Indonesia regulates cyber flashing through provisions concerning electronic-based sexual violence under Law Number 12 of 2022 on Sexual Violence Crimes, with penalties of up to four years’ imprisonment and/or a fine of up to IDR 200,000,000. In contrast, Singapore, through Section 377BF of the Penal Code, explicitly criminalizes acts of sexual exposure, whether committed directly or through digital media, with penalties of up to one year’s imprisonment, a fine, or both. Where the victim is under 14 years of age, the offender may be punished with imprisonment of up to two years, a fine, or both. Based on Jasser Auda’s maqāṣid al-sharī‘ah analysis, the regulations in both countries aim to protect dignity (ḥifẓ al-‘irḍ), life (ḥifẓ al-nafs), and public welfare. However, Singapore is considered to have a clearer and more preventive approach in addressing digital sexual crimes.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
SANKSI PIDANA TERHADAP PELAKU CYBER FLASHING (STUDI KOMPARATIF HUKUM PIDANA INDONESIA DAN HUKUM PIDANA SINGAPURA) (Text)
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