The dissemination of videos with pornographic content is not considered a conventional crime ( ordinary crimes ) itself, but in the Criminal Code the act can be qualified as a violation of moral values. If observed grammatically the act has fulfilled both the objective elements (elements of the maker, deeds and objects) and the subjective elements (errors) of Article 282 Paragraph (1) of the Criminal Code, namely:
“.. Whoever broadcasts, performs or affixed in public any writing, image, or object whose content is known to be immoral, or who, with the intention of broadcasting, displaying or pasting in public, makes such writing, image or thing, enters into the country, forwards it, takes it out of the country, or has a stockpile, or who, overtly or by distributing without solicitation, offers or showing it as obtainable, threatened with imprisonment for a maximum of one year and six months or a fine of up to one thousand five hundred rupiah."
Lawmakers have enacted more specifically the crime of electronic dissemination of pornographic content as a criminal offense in Law 44/2008 on Pornography. Considering that the formulation of a criminal offense in the current codification is carried out by describing the unlawful acts that are prohibited or ordered to be committed, the dissemination of the intercourse video meets the formulation of the definition of pornography in Article 1 Number 1 of Law 44/2008 concerning Pornography, namely:
“.. Pornography is images, sketches, illustrations, photographs, writings, sounds, sounds, moving images, animations, cartoons, conversations, gestures, or other forms of messages through various forms of communication media and/or public performances, which contain obscenity or sexual exploitation that violates the norms of decency in society."
Given that the three central problems in criminal law are centered on the so-called criminal acts, criminal liability and criminalization. So those who can be subject to criminal liability in this case include:
- The parties involved in the video production process, whether recorded or recorded
- Parties who disseminate either with or without consent, whether commercially or non-commercially.
The prohibition of this act has been regulated in Article 4 Paragraph (1) of Law 44/2008 concerning Pornography:
“.. Everyone is prohibited from producing, creating, reproducing, duplicating, disseminating, broadcasting, importing, exporting, offering, selling, renting, or otherwise providing pornography that explicitly contains:
- intercourse, including deviant intercourse;
- Sexual violence
- masturbating or masturbating
- nudity or impressive display nudity
- genitals; or
- child pornography..."
The criminal threat imposed on the act of disseminating the video is regulated in Article 29 of Law 44/2008 concerning Pornography in the form of imprisonment for a minimum of 6 (six) months and a maximum of 12 (twelve) years, followed by a fine of at least Rp 250,000,000 (two hundred and fifty million) and a maximum of Rp 6 billion.
What if the parties who disseminate the video do not obtain permission from the parties involved in the production process? Therefore, in this case, the parties involved in the production process can be excluded from liability and criminal threats according to the Explanation of Article 4 Paragraph (1), as long as the making of the video is only, intended for personal interests:
“.. What is meant by "making" is not for oneself and one's own interests..."
