ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA PADA PELAKU PENANYANGAN PENJUALAN ORGAN GINJAL MANUSIA MELALUI INTERNET

Abstract

The internet is acomputer networkthroughout the world that is connected to
each other by using internet standards for human life. But the existence ofr the
internet is like a double-edged sword, besides contributing to improving human
welfare, as well as being a mens of effective crime. Advertising activities using
internet media through free buying and selling sites, are used by some people to
advertise items that are not legally for sale such as kidney organs. However, the
arrangement has not been regulated, so the purpose of this thesis is; first, criminal
responsibility for the perpetrators of advertisements for selling human kidney organs
through the internet, secondly, the imposition of sanctions on adversiting criminals
selling human kidney organs through the internet.
This research is a type of normative research that examines law number 19 of
2016 concerning information and electronic transactions, and other laws relating to
problems. This research is descriptive which is a research that aims to make a
picture of the problem.
The act of displaying kidney advertisements via the internet is a criminal act,
because it has fulfilled the elements to be said to be a criminal act which includes 1.
There are advertisers of perpetrators 2. Violating the values that live in society
(against the material law) 3. No forgiveness and justification reasons. Although there
are no rules governing it formally, these acts can be classifried as criminal acts
because they have violated the values that live in society, and encourage human
trafficking and violate health laws.
The act of displaying advertisements for kidney organs through the internet is
a criminal act and can be categorized as cyber crime, so it should be added to the
ITE law concerning criminal provisions against anyone who advertises goods that
are not it accordance with the legislation so that the perpetrators can be subject to
sanctions