Harmonization of Criminal Offenses Against Morality and the ITE Law after the New Criminal Code (Case Study: Surabaya District Court Decision Number: 860/Pid.B/2023/Pn.Sby)

Abstract

This study aims to analyze the harmonization of the rules of criminal offenses against morality after the enactment of Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code) and its adjustment through Law Number 1 of 2026. The main focus of the study is to review the shift in the paradigm of punishment from the regime of the Pornography Law and the ITE Law to the new codification system, using a case study of the Surabaya District Court Decision Number 860/Pid.B/2023 (Red Kebaya Case). The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that the transition of reference to the article on morality to Article 407 of the New Criminal Code brings more humanistic legal flexibility, but on the other hand raises concerns regarding the degradation of the deterrent effect. The reduction in the maximum prison sentence to two years and the imposition of a Category III fine (Rp 50,000,000) are considered to not fully accommodate the differentiation of perpetrator roles—between producers, distributors, and planners—which could potentially open up loopholes for organized crime costing practices. This study recommends the need for more specific implementing regulations regarding the classification of perpetrator roles and periodic adjustments to fines to maintain legal certainty and substantive justice.