Harmonization of the Authority of The Central and Local Governments in Handling Criminal Acts of Pornography on Social Media: Legal Consequences, Juridical Consequences, and Legal Solutions

Abstract

This study investigates the disharmony between Law No. 44 of 2008 on Pornography and Law No. 23 of 2014 on Regional Government, particularly regarding the division of authority between the central and regional governments in handling digital pornography crimes. Utilizing a normative juridical method, the research applies legislative, conceptual, and comparative approaches to assess the vertical and horizontal regulatory conflicts. The findings show that the lack of synchronization between legal provisions leads to legal uncertainty, fragmented enforcement, and contradictions in institutional roles, thus weakening the effectiveness of law enforcement in cyberspace. By employing the theoretical framework of Gustav Radbruch's legal certainty and Jeremy Bentham's utilitarianism, the study reveals that ambiguous authority obstructs legal performance and social protection. The study offers prescriptive solutions through harmonization of regulations, functional-spatial authority distribution, and intersectoral coordination mechanisms to establish a responsive, integrated digital legal governance system in Indonesia.