Criminal Law Accountability of Sexual Stalking Perpetrators Through Social Media

Authors

  • Ayu Dian Ningtias Universitas Islam Lamongan
  • Kristiya Lutfiasandhi 2. Faculty of Law, Airlangga University
  • Fajar Seto Nugroho Faculty of Law, University of Islam Lamongan
  • Khofifah Nur Ayni Faculty of Law, University of Islam Lamongan

DOI:

https://doi.org/10.30736/ji.v14i1.404

Keywords:

Civil Law, Criminal Law, Violence

Abstract

Sexual stalking is a new form of crime that has emerged along with the development of technology. In the past, stalking was done directly, such as following the victim. However, now, stalking can occur in the digital world, especially through social media. Perpetrators can easily access the victim's personal information, send sexually suggestive messages, or carry out other disturbances without meeting in person. This study aims to understand in depth the legal protection mechanism for victims and the form of criminal liability for perpetrators of sexual stalking through social media. This research method uses a normative juridical research type, with a legislative approach and a conceptual approach. The results of this study conclude: that legal protection for victims of sexual stalking through social media can be in the form of preventive legal protection and repressive legal protection. Meanwhile, the criminal legal liability, perpetrators of sexual stalking through social media can be subject to criminal sanctions in the form of imprisonment, fines, and/or other actions as stipulated in applicable laws and regulations. However, there are exceptions in certain conditions that cause a person not to be held accountable for their actions.

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References

Books

Ahmad Riyadh. Telematics Law and Cyber Media Law, Indomedia Pustaka, Sidoarjo, 2020.

Mahrus Ali. Basics of Criminal Law, Sinar Grafika, Yogyakarta, 2011.

Rinaldy Amrullah, et al. Case Study of Criminal Law, Suluh Media, Bandar Lampung, 2020.

Journal

Answer, Vincent. "Legal protection of consumer personal data that is hacked based on Government Regulation Number 80 of 2019 concerning Trade through Electronic Systems." Lex Privatum 11, no. 2 (2023).

Arifin, Zainal, Huzaimah Al-Ansori, Maria Febriana, and Rinni Puspitasar. "Formulation of Legal Protection for Victims of Stalking Crimes from a Human Rights Perspective." In Proceedings of the Actual Law Seminar of the Faculty of Law, Islamic University of Indonesia, vol. 2, no. 4, pp. 30-47. 2024.

Feroza, Cindie Sya'bania, and Desy Misnawati. "The use of Instagram social media in akun@ yhoophii_official as a medium of communication with customers." Journal of Innovation 14, no. 1 (2020): 32-41.

Ningtias, Ayu Dian, Hadziqotun Nahdliyah, Fajar Seto Nugroho, and Damai Al Akbari. "The principle of Restorative Justice in sentencingIn the 2023 Criminal Code." Jurnal Independent 11, no. 2 (2023): 563-574.

Padillah, Nurhayani. "THE URGENCY OF IMPLEMENTING RESTRAINING ORDERS AGAINST PERPETRATORS OF STALKING CRIMES." LEX PROGRESSIUM: Journal of Legal Studies and Legal Development 1, no. 1 (2024): 80-92.

Laws and Regulations

Criminal Code (KUHP)

Law Number 44 of 2008 concerning Pornography

Law Number 12 of 2022 concerning the Crime of Sexual Violence

Law Number 1 of 2024 concerning the second amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions

Others or the Internet

Online law. https://www.hukumonline.com/berita/a/perlindungan-hukum-lt61a8a59ce8062/?page=all. Retrieved 6 April 202

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Published

2026-03-09

How to Cite

Dian Ningtias, A., Lutfiasandhi, K., Nugroho, F. S., & Nur Ayni, K. (2026). Criminal Law Accountability of Sexual Stalking Perpetrators Through Social Media. Jurnal Independent, 14(1), 13–24. https://doi.org/10.30736/ji.v14i1.404

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