Kekaburan Norma dalam Pengaturan Revenge porn: Analisis Komparatif Pasal 14 Undang-Undang Republik Indonesia Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) dan Section 9B of Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Act 2018 Australia

The phenomenon of revenge porn as a form of electronic-based sexual violence shows that technological advancement has not been fully balanced with adequate legal protection. Ideally, Article 14 of Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) should provide firm protection and ensure legal certainty for victims. However, the phrase “sexual content” (bermuatan seksual) still contains normative ambiguity, opening space for subjective interpretation in law enforcement. This research employs a normative juridical method with statutory and comparative approaches. The analysis reveals that Article 14 of the UU TPKS has not fully fulfilled the principle of legal certainty due to its vague formulation. In contrast, Section 9B of the Enhancing Online Safety (Non-Consensual Sharing of Intimate Images) Act 2018 in Australia provides a clearer and more detailed definition, although it still leaves interpretative gaps through the phrase “any other like activity.” Based on Gustav Radbruch’s theory of legal values, Article 14 reflects justice and expediency but remains weak in ensuring legal certainty. Therefore, there is an urgent need for regulatory reform of Article 14 to clarify the meaning of “sexual content” in a more explicit and measurable manner, aligned with technological developments. Such reform is essential to ensure effective legal protection and a balance between justice, expediency, and legal certainty.