PENGAMBILAN GAMBAR TANPA IZIN SEBAGAI BENTUK PELANGGARAN PRIVASI DIGITAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

Abstract

The rapid development of information technology has given rise to the phenomenon of capturing a person's image without consent, potentially violating the right to digital privacy, while Indonesia's criminal law regulation of such conduct has previously been partial and scattered across several statutes. This research aims to examine Indonesia's criminal law regulation of unauthorized image capture as a form of digital privacy violation, and to analyze whether such conduct can be qualified as a criminal offense under Indonesia's positive law. This research is a normative legal study employing statutory, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials, analyzed qualitatively through a prescriptive method. The results show that Indonesia's criminal law regulation of unauthorized image capture has evolved gradually, from the Electronic Information and Transactions Law and the Personal Data Protection Law, which only reach the distribution stage or require additional elements, to the old Criminal Code, which requires indecent content or violence, and finally to Articles 407 and 408 of the National Criminal Code, effective since 2 January 2026, which for the first time explicitly criminalize the act itself as a standalone offense. This research further concludes that unauthorized image capture in places affording a reasonable expectation of privacy can now be qualified as a standalone formal offense, without requiring distribution or concrete harm to the victim. The resulting legal certainty provides firmer protection for victims, although synchronization with the Personal Data Protection Law and interpretation of privacy expectations in public spaces still require further guidance from law enforcement.