Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions

This study investigates the disharmony between Law No. 44 of 2008 on Pornography and Law No. 23 of 2014 on Regional Government, particularly regarding the division of authority between the central and regional governments in handling digital pornography crimes. Utilizing a normative juridical method, the research applies legislative, conceptual, and comparative approaches to assess the vertical and horizontal regulatory conflicts. The findings show that the lack of synchronization between legal provisions leads to legal uncertainty, fragmented enforcement, and contradictions in institutional roles, thus weakening the effectiveness of law enforcement in cyberspace. By employing the theoretical framework of Gustav Radbruch's legal certainty and Jeremy Bentham's utilitarianism, the study reveals that ambiguous authority obstructs legal performance and social protection. The study offers prescriptive solutions through harmonization of regulations, functional-spatial authority distribution, and intersectoral coordination mechanisms to establish a responsive, integrated digital legal governance system in Indonesia.

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Publication Details

Journal
International Journal of Islamic Education Research and Multiculturalism (IJIERM)
Published
2025-06-17
DOI
https://doi.org/10.47006/ijierm.v7i2.485
Primary Topic
Sexuality, Behavior, and Technology
Type
article
Field-Weighted Citation Impact
0.00
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article

Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions

Muktiono, Abdul Madjid, Muhammad Hilmy Rizqullah Ramadhan
International Journal of Islamic Education Research and Multiculturalism (IJIERM)
Sexuality, Behavior, and Technology
article

Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions

Muktiono, Abdul Madjid, Muhammad Hilmy Rizqullah Ramadhan
article en

Abstract

This study investigates the disharmony between Law No. 44 of 2008 on Pornography and Law No. 23 of 2014 on Regional Government, particularly regarding the division of authority between the central and regional governments in handling digital pornography crimes. Utilizing a normative juridical method, the research applies legislative, conceptual, and comparative approaches to assess the vertical and horizontal regulatory conflicts. The findings show that the lack of synchronization between legal provisions leads to legal uncertainty, fragmented enforcement, and contradictions in institutional roles, thus weakening the effectiveness of law enforcement in cyberspace. By employing the theoretical framework of Gustav Radbruch's legal certainty and Jeremy Bentham's utilitarianism, the study reveals that ambiguous authority obstructs legal performance and social protection. The study offers prescriptive solutions through harmonization of regulations, functional-spatial authority distribution, and intersectoral coordination mechanisms to establish a responsive, integrated digital legal governance system in Indonesia.

International Journal of Islamic Education Research and Multiculturalism (IJIERM)Vol. 7(2)
University of Brawijaya (ID)
Openalex Percentile: Top 79%
Sexuality, Behavior, and Technology
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Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions — Muktiono, Abdul Madjid, et al. · International Journal of Islamic Education Research and Multiculturalism (IJIERM) (2025) | TGRS Research Map | TGRS