%A NIM.: 22103060012 Muhammad Isna Nur Hakim
%O Dr. H. Wawan Gunawan, S. Ag., M. Ag.
%T PUTUSAN PENGADILAN NEGERI MUNGKID DAN PENGADILAN NEGERI SLEMAN TENTANG SANKSI PIDANA REVENGE PORNOGRAPHY: STUDI PUTUSAN NOMOR 232/PID.SUS/2021/PN.MKD DAN PUTUSAN NOMOR 709/PID.SUS/2024/PN.SMN
%X This research examines the differences between the decisions of the
Mungkid District Court Number 232/Pid.Sus/2021/PN.Mkd and the Sleman District
Court Number 709/Pid.Sus/2024/PN.Smn concerning criminal sanctions for
revenge pornography. This research aims to analyze the judges’ considerations in
imposing criminal sanctions and examine the differences between the two decisions
based on the theory of punishment in positive and Islamic criminal law and the
theory of al-Ikhtilāf fī Fahm al-Naṣṣ wa Tafsīrih.
This research employs a juridical-normative method with a descriptiveanalytical
character. The approach used is library research, with primary legal
materials consisting of the Mungkid District Court Decision Number
232/Pid.Sus/2021/PN.Mkd and the Sleman District Court Decision Number
709/Pid.Sus/2024/PN.Smn. Secondary sources include books, academic journals,
legal documents, and relevant previous research. The data were analyzed
qualitatively.
The results show that both decisions recognize revenge pornography as a
criminal act that fulfills the elements stipulated under the Indonesian Electronic
Information and Transactions Law and impose criminal sanctions as a form of
accountability for the defendants’ conduct. Based on the combined theory of
punishment, both decisions are not merely retributive but also pursue preventive,
rehabilitative, and protective objectives. From the perspective of Islamic criminal
law, revenge pornography may be categorized as a jarimah ta’zir because it
violates the principle of protecting human dignity (hifẓ al-‘irḍ) and the prohibition
against causing harm. The differences between the decisions can be understood as
consequences of differences in judicial ijtihad in assessing the facts, interpreting
the elements of the offense, and determining appropriate punishment. Therefore,
such differences do not necessarily indicate inconsistency in the application of law.
%K Revenge Pornography, Pemidanaan, Jarimah Ta’zir, Al-Ikhtilaf fi
Fahm al-Nass wa Tafsirih
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib79664