Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)

Yodhi P S Huwae; Elsa Rina Maya Toule; Jacob Hattu

doi:10.47268/tatohi.v1i8.804

Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)

Yodhi P S Huwae⁽¹⁾, Elsa Rina Maya Toule⁽²⁾, Jacob Hattu⁽³⁾

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
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Corresponding Author

Abstract

Introduction: The case that ensnared the artist with the initials GA due to the circulation of this shocking 19-second video began to spread at the end of November 2020. Polda Metro Jaya has named the artist Gisella Anastasia and a man with the initials MYD as suspects in a porn video case that went viral on social media. Gisel and MYD were accused of violating Law No. 44 of 2008 on Pornography, which carries a maximum penalty of 12 years in prison. Sister GA and brother MYD were named suspects, suspected of under Article 4 paragraph 1 Juncto Article 29 and or Article 8 of Law Number 44 concerning Pornography.

Purposes of the Research: To Know and Analyze the Application of Article Elements in Law Number 44 of 2008 concerning Pornography and the qualification of GA's Acts as Pornographic Acts.

Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.

Results of the Research: The results showed that GA's actions were against the law, therefore GA's actions met the criminal element and could be applied to Article 4 Paragraph (1) in conjunction with Article 8 of Law Number 48 of 2008 concerning Pornography. And GA's actions can be qualified as pornographic criminal acts because what GA did was negligence or negligence (lack of care), or lack of attention, and that as stated by GA together with MYD the facts have been obtained. Considering, that based on these facts, it can be seen that GA admits that she is the female actor in an adult video video that went viral on social media some time ago. During the examination while still being a witness, Gisel is also said to have admitted that the video was recorded in 2017, at a hotel in Medan, North Sumatra. The determination of the suspect against Gisel and MYD was after the police conducted two examinations as witnesses and held the case. and that taking into account these circumstances, according to the author, due to his negligence or negligence, it has been fulfilled and proven, therefore the negligence or omission by GA can be held legally responsible.

Keywords

Qualification; Criminal Act; Pornograph

DOI

10.47268/tatohi.v1i8.804

Published

2022-03-19

How To Cite

APA: Huwae, Y.P., Toule, E.R., & Hattu, J. (2022). Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga). TATOHI: Jurnal Ilmu Hukum, 1(8), 824 – 834. DOI: https://doi.org/10.47268/tatohi.v1i8.804.

IEEE: Y.P. Huwae, E.R. Toule, and J. Hattu, "Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)", TATOHI J. Ilmu Huk., vol. 1, no. 8, pp. 824 – 834, Mar. 2022. Accessed on: May. 2, 2025. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v1i8.804

Harvard: Huwae, Y.P., Toule, E.R., and Hattu, J., (2022). "Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)". TATOHI: Jurnal Ilmu Hukum, Volume 1(8), pp. 824 – 834. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v1i8.804 (Accessed on: 2 May 2025)

Chicago: Huwae, Yodhi P S, Elsa Rina Maya Toule, and Jacob Hattu. "Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)." TATOHI: Jurnal Ilmu Hukum 1, no. 8 (October 31, 2021): 824 – 834. Accessed May 2, 2025. doi:10.47268/tatohi.v1i8.804

Vancouver: Huwae YP, Toule ER, Hattu J. Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga). TATOHI J. Ilmu Huk. [Internet]. 2022 Mar 19 [cited 2025 May 2];1(8):824 – 834. Available from: https://doi.org/10.47268/tatohi.v1i8.804

MLA 8th: Huwae, Yodhi P S, Elsa Rina Maya Toule, and Jacob Hattu. "Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)." TATOHI: Jurnal Ilmu Hukum, vol. 1, no. 8, 31 Oct. 2021, pp. 824 – 834, doi:10.47268/tatohi.v1i8.804. Accessed 2 May. 2025.

BibTeX:

@article{TATOHI804,
		author = {Yodhi Huwae and Elsa Toule and Jacob Hattu},
		title = {Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {1},
		number = {8},
		year = {2022},
		keywords = {Qualification; Criminal Act; Pornograph},
		abstract = {Introduction: The case that ensnared the artist with the initials GA due to the circulation of this shocking 19-second video began to spread at the end of November 2020. Polda Metro Jaya has named the artist Gisella Anastasia and a man with the initials MYD as suspects in a porn video case that went viral on social media. Gisel and MYD were accused of violating Law No. 44 of 2008 on Pornography, which carries a maximum penalty of 12 years in prison. Sister GA and brother MYD were named suspects, suspected of under Article 4 paragraph 1 Juncto Article 29 and or Article 8 of Law Number 44 concerning Pornography.Purposes of the Research: To Know and Analyze the Application of Article Elements in Law Number 44 of 2008 concerning Pornography and the qualification of GA's Acts as Pornographic Acts.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that GA's actions were against the law, therefore GA's actions met the criminal element and could be applied to Article 4 Paragraph (1) in conjunction with Article 8 of Law Number 48 of 2008 concerning Pornography. And GA's actions can be qualified as pornographic criminal acts because what GA did was negligence or negligence (lack of care), or lack of attention, and that as stated by GA together with MYD the facts have been obtained. Considering, that based on these facts, it can be seen that GA admits that she is the female actor in an adult video video that went viral on social media some time ago. During the examination while still being a witness, Gisel is also said to have admitted that the video was recorded in 2017, at a hotel in Medan, North Sumatra. The determination of the suspect against Gisel and MYD was after the police conducted two examinations as witnesses and held the case. and that taking into account these circumstances, according to the author, due to his negligence or negligence, it has been fulfilled and proven, therefore the negligence or omission by GA can be held legally responsible.},
				issn = {2775-619X},		pages = {824--834}			doi = {10.47268/tatohi.v1i8.804},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/804}
		}

RefWorks:

Citation format: Download Citation:

Black, Henry Campbell. Black's Law Dictionary. West Group, 1999.

Darmodiharjo, Darji, and Sidharta. Pokok-Pokok Filsafat Hukum. Jakarta: Gramedia Pustaka Utama, 2006.

Farizi, Baharudin Al. "Perjalanan Kasus Video Syur, Awalnya Gisel Mengelak Hingga Jadi Tersangka." Kompas.com, 2020. https://www.kompas.com/hype/read/2020/12/30/095304966/perjalanan-kasus-video-syur-awalnya-gisel-mengelak-hingga-jadi-tersangka?page=all.

Flora, Maria. "6 Fakta Penyebar Video Syur Mirip Gisel Ditangkap Hingga Jadi Tersangka." liputan6.com, 2020. https://www.liputan6.com/news/read/4407852/6-fakta-penyebar-video-syur-mirip-gisel-ditangkap-hingga-jadi-tersangka.

Ihsanudin. "Kasus Gisel, Kenapa Pembuat Video Syur Bisa Dijerat Pidana?" Kompas.com, 2020. https://megapolitan.kompas.com/read/2020/12/30/05572621/kasus-gisel-kenapa-pembuat-video-syur-bisa-dijerat-pidana?page=all#:~:text=Abdul Fickar mengakui%2C Gisel dan,itu tersebar luas ke publik.

Moeljatno. Asas-Asas Hukum Pidana. Jakarta: Bina Aksara, 2005.

Raharjo, Agus, and Sunaryo. CYBERPORN (Studi Tentang Aspek Hukum Pidana Pornografi Di Internet, Pencegahan Dan Penanggulangannya), 2008.

Supusepa, Reimon. "Kebijakan Kriminal Dalam Menanggulangi Kejahatan Kesusilaan Yang Bersaranakan Internet (Cyber Sex)." SASI 17, no. 4 (2011): 64-72.

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Kualifikasi Tindak Pidana Pornografi (Studi Kasus Video Porno Artis Ga)

2.	Creator	Author's name, affiliation, country	Yodhi P S Huwae; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Elsa Rina Maya Toule; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Jacob Hattu; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Qualification; Criminal Act; Pornograph

4.	Description	Abstract	Introduction: The case that ensnared the artist with the initials GA due to the circulation of this shocking 19-second video began to spread at the end of November 2020. Polda Metro Jaya has named the artist Gisella Anastasia and a man with the initials MYD as suspects in a porn video case that went viral on social media. Gisel and MYD were accused of violating Law No. 44 of 2008 on Pornography, which carries a maximum penalty of 12 years in prison. Sister GA and brother MYD were named suspects, suspected of under Article 4 paragraph 1 Juncto Article 29 and or Article 8 of Law Number 44 concerning Pornography.Purposes of the Research: To Know and Analyze the Application of Article Elements in Law Number 44 of 2008 concerning Pornography and the qualification of GA's Acts as Pornographic Acts.Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results showed that GA's actions were against the law, therefore GA's actions met the criminal element and could be applied to Article 4 Paragraph (1) in conjunction with Article 8 of Law Number 48 of 2008 concerning Pornography. And GA's actions can be qualified as pornographic criminal acts because what GA did was negligence or negligence (lack of care), or lack of attention, and that as stated by GA together with MYD the facts have been obtained. Considering, that based on these facts, it can be seen that GA admits that she is the female actor in an adult video video that went viral on social media some time ago. During the examination while still being a witness, Gisel is also said to have admitted that the video was recorded in 2017, at a hotel in Medan, North Sumatra. The determination of the suspect against Gisel and MYD was after the police conducted two examinations as witnesses and held the case. and that taking into account these circumstances, according to the author, due to his negligence or negligence, it has been fulfilled and proven, therefore the negligence or omission by GA can be held legally responsible.

5.	Publisher	Organizing agency, location	Faculty of Law Pattimura University

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2022-03-19

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/804

10.	Identifier	Digital Object Identifier	10.47268/tatohi.v1i8.804

11.	Source	Title; vol., no. (year)	TATOHI: Jurnal Ilmu Hukum; Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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