ANALYSIS OF VERDICT NUMBER 54/PID.SUS/2023/PN PWR REGARDING A CHILD AS A VICTIM OF THE CRIMINAL ACT OF PORNOGRAPHY SERVICES PROVIDER BY OFFERING SEXUAL SERVICES

Abstract

Cases of child sexual exploitation are on the rise, particularly in the digital age, where platforms like "Open Online Booking Services" (Open BO) create new avenues for abuse. This study evaluates the effectiveness of charges filed by the Public Prosecutor's Office (Jaksa Penuntut Umum, JPU) in such cases, specifically referencing Decision No. 54/Pid.Sus/2023/PN PWR. The investigation focuses on the application of Article 30, paragraph 2 (d) and Article 4 (d), assessing the appropriateness of penalties for service providers involved in exploitation. Utilizing a normative legal approach, the study reviews legal regulations and court decisions, drawing original data from court judgments and supporting data from relevant legal documents. Findings indicate that the procuratorate effectively drafted indictments in line with the Obscene and Pornographic Law. However, to enhance child victim protection, it is recommended to integrate the Human Trafficking Law with the Child Protection Law, expanding the crime's scope. While current penalties are deemed reasonable, increasing them is suggested to address the severe risks children face in exploitation cases.