INTENTIONAL CRIMINAL ACT AND SENDING ELECTRONIC INFORMATION CONTAINING EXTORTION (Analysis of Padang Sidempuan District Court Decision Number 112/Pid.Sus/2023/PN PSP)

Abstract

Electronic documents that contain threatening content as a criminal act, then the perpetrator who is proven legally and convincingly guilty of committing a crime intentionally and without the right to transmit electronic documents containing extortion, so that he is sentenced to imprisonment for 3 (three) years and 6 (six) months. The results of the study, namely the application of the law to perpetrators of extortion through electronic media in the decision of the Padang Sidempuan District Court Number 112 / Pid.Sus / 2023 / PN PSP, that the judge in deciding the case applied the provisions contained in Law Number 19 of 2016 concerning Information and Electronic Transactions with the consideration that the perpetrator of the crime of unauthorized transmission of electronic documents has fulfilled the elements of Article 45 Paragraph (4) Jo Article 27 Paragraph (4) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. The suggestion put forward is that the type of criminal penalty threatened in the ITE Law is cumulative (imprisonment and fines), so in fact this penalty is more appropriately aimed at individuals, it is impossible for legal entities to be sentenced to imprisonment. If legal entities can also be held accountable, there should also be a specific type of sanction in the form of actions including revocation of business licenses, compensation and so on. The existence of sanctions for these actions such as administrative sanctions, but these sanctions are not integrated into the criminal responsibility system or the criminalization system in the ITE Law.