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VOL. 8, ISSUE 1 (2026)
Criminal liability of cyberstalking perpetrators with material motives on social media
Authors
Natasya, Septiana Prameswari
Abstract
This study examines the criminal liability of
perpetrators of materially motivated cyberstalking on social media through a
case study of Decision Number 112/Pid.Sus/2021/PN/Jap. This research is
motivated by the reality that digital space, which should be a means of free
interaction, is often misused as a medium for threats, intimidation, and
degrading human dignity. In these cases, technology is used by perpetrators to
violate the victim's privacy and control the victim's life through threats
based on personal content to fulfill the perpetrator's desires. The purpose of
this study is to uncover the legal facts revealed in the trial regarding the
perpetrator's pattern of behavior and to assess the appropriateness of the
application of the criminal articles used in the decision. In addition, this
study aims to assess the extent to which the articles applied are able to
reflect the substance of the perpetrator's actions and provide maximum legal
protection for the victim. The research method used is normative juridical with
a statutory and conceptual approach. An analysis was conducted of the
provisions of the ITE Law, the Criminal Code, the Pornography Law, and the
Sexual Violence Crimes Law (TPKS) to understand cyberstalking as a form of
crime that not only attacks the victim's body, but also their privacy, sense of
security, and digital identity. Cyberstalking is understood as a crime
involving power relations, emotional manipulation, and the misuse of digital
assets. The results of the study indicate that the perpetrator consciously,
repeatedly, and deliberately records the victim's body without permission,
stores the recording as digital assets, and then uses it as a means of threat.
However, the application of Article 27 paragraph (1) of the ITE Law is deemed
not to fully represent the essence of the perpetrator's actions. Therefore,
this study emphasizes the importance of accurate charges and the judge's
sensitivity in assessing the motives and impact of the actions in order to
achieve justice and reparation for victims in the digital era.
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Pages:65-69
How to cite this article:
Natasya, Septiana Prameswari "Criminal liability of cyberstalking perpetrators with material motives on social media". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 65-69
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