Criminal Offences of Covert Dissemination of Obscene Content from the Perspective of Equality Before the Law

Abstract

The rapid expansion of digital technology has transformed personal data into a central object of control and vulnerability, giving rise to data-driven crimes such as the covert dissemination of obscene content. This study examines such conduct within the framework of Indonesia’s Personal Data Protection Law (Law No. 27 of 2022) from the perspective of equality before the law. Employing a normative legal research method based on statutory and systematic approaches, this research analyzes primary, secondary, and tertiary legal materials through systematic, historical, and hermeneutical interpretation. The findings demonstrate that non-consensual recording and dissemination of intimate content constitute not merely morality-based offenses but serious violations of personal data protection rights. Although Indonesia’s legal framework provides multiple avenues for criminal liability and victim protection, enforcement remains fragmented, with a predominant reliance on morality provisions that marginalizes the data protection dimension of the offense. Structural challenges—including limited legal awareness, technological barriers in digital evidence collection, cross-border dissemination, and inconsistent sanctioning practices—further weaken substantive equality. The study reveals a persistent gap between formal legal guarantees and their practical realization, underscoring the need to integrate personal data protection principles more coherently into the criminal justice system to ensure non-discriminatory and effective legal protection in the digital era.