A Legal Review of Online Prostitution Crimes Under Law Number 1 of 2024, the Second Amendment to Law Number 11 of 2008 Concerning Electronic Information and Transactions

Abstract

This study aims to analyze the handling of online prostitution cases through Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). The results of the study indicate that the law does not expressly regulate the crime of online prostitution, but only regulates the dissemination of information containing content that violates morality. The absence of a clear definition of acts that violate morality results in weak legal certainty. In addition, the scope of legal subjects in this article is limited to parties who broadcast, distribute, transmit, or make information accessible, so that the main perpetrators and other parties involved cannot be prosecuted. This condition results in low legal benefits, because the deterrent effect is only felt by the disseminators of information, not the main perpetrators. This study concludes that the implementation of the ITE Law, specifically Article 27 paragraph (1) of the ITE Law, requires synergy with other relevant laws and regulations in order to create legal certainty, justice, and optimal legal benefits.