Analyzing the Typology and Modus Operandi of Cyberporn Perpetrators on the Telegram Platform from the Perspective of Indonesian Criminal Law

Abstract

Advances in information technology have driven the transformation of conventional pornography-related crimes into the form of cyberporn, which is anonymous, widespread, and organized, particularly through the Telegram app. This study aims to examine the legal status of perpetrators, modus operandi, and patterns of distribution, as well as the criminalization of cyberporn perpetrators on the Telegram app from the perspective of Indonesian criminal law. The study is of a legal-empirical nature, employing a qualitative method through a regulatory and criminological approach. Data was collected through online observation of Telegram groups and channels, interviews, and a literature review. The results of the study indicate that cyberporn perpetrators operate both individually and collectively by exploiting Telegram’s anonymity features, large group capacity, and cloud-based storage. Their modus operandi involves commercial patterns, such as paid VIP membership systems, as well as non-commercial patterns utilizing automated bots connected to cloud storage services. Legally, Law No. 44 of 2008 on Pornography has established criminal liability for producers, distributors, service providers, and even consumers of pornographic content. However, law enforcement against cyberporn remains largely reactive and has not been effective in preventing the recurrence of criminal acts. Therefore, it is necessary to strengthen law enforcement through an actor-oriented enforcement approach, a follow the money strategy to trace digital transactions, and enhanced international cooperation through the ratification of the Budapest Convention on Cybercrime.