Criminal Sanctions for Distributing Explicit Videos on Social Media: A Comparative Study of Positive Law and Islamic Criminal Law

Abstract

Crimes against morality continue to be a pressing issue, particularly amidst the rapid expansion of internet technology. The increasing number of cases involving the violation of moral norms through social media platforms illustrates that technological advancement is not always accompanied by ethical awareness among its users. This situation underscores the need for a legal framework capable of effectively addressing emerging forms of indecent conduct within the digital sphere. This study aims to examine and compare the criminal sanctions imposed on individuals who distribute sexually explicit videos via social media, from the perspectives of both Indonesian positive law and Islamic criminal law. Employing a normative juridical approach combined with comparative legal analysis, the research reveals that Indonesian law addresses such offenses primarily through the Electronic Information and Transactions Law. However, its practical implementation continues to face several challenges, including inadequate digital oversight and low levels of public legal literacy. In contrast, Islamic criminal law classifies such actions as violations of moral integrity, falling under the category of jarīmah taʿzīr. The punishment in this framework is determined by judicial or governmental authority with the primary aim of safeguarding personal dignity and communal ethics (ḥifẓ al-‘irḍ), which is a core objective of the maqāṣid al-syarī‘ah (higher objectives of Islamic law). The comparative analysis highlights that Islamic criminal law emphasizes moral rectitude and spiritual rehabilitation, whereas Indonesian positive law is more oriented toward procedural legality. Together, these systems offer complementary insights for the development of a more responsive and dignified legal order in the digital age.