CD Skripsi
Kebijakan Hukum Pidana Terhadap Pelecehan Seksual Berbasis Gender Di Media Sosial
ABSTRACT
Referring to Komnas Perempuan's 2020 Annual Notes, it notes that there
is a new type of gender violence, namely cyber-based or online gender violence.
Cases of violence have continued to increase over the last six years, an increase
of 300% in Online Gender Based Violence (KBGO) compared to the previous
year (2019). Komnas Perempuan stated that this type of violence has an
increasingly complicated pattern of violence because it occurs in the digital
realm. Ranging from character assassination to sexual harassment through cyber
attacks. The impact of KBGO is the same as sexual violence that occurs in the
real world, the impact is felt directly and in the long term on the victim.
Perpetrators are difficult to detect and the response and legal protection in
Indonesia is also not adequate because it is simplified in the realm of the
Information and Electronic Transaction Law.
The type of research used is normative juridical research. In this research,
the researcher discusses the level of legal synchronization, which aims to reveal
the extent to which certain laws are compatible vertically or horizontally with this
matter.
The conclusions that can be drawn from the results of the study are: First,
the current criminal law regulation against gender-based sexual harassment on
social media has not fully supported the advancement of internet technology,
where the widespread use of social media has led to online gender-based violence
(KBGO). This type of violence is the same as direct violence, the difference is that
now gender-based violence has shifted to social media or cyberspace. Therefore,
social media is considered not to have a safe space for women. To get protection
for KBGO on social media, a clear legal umbrella is needed to handle KBGO
cases and can help women get out of the trap of KBGO cases. Second, the ideal
idea of gender-based sexual harassment on social media in the future is that the
PKS Law actually has articles that regulate human rights. These articles can also
be used as a reference to fulfill women's sense of security and rights to freely surf
the internet or social media. These articles include Article 27 Paragraph 1 and
Article 45 Paragraph 1 concerning the Electronic Information and Technology
(ITE) Law which is still being debated because it is considered a rubber article,
Article 28E Paragraph (3) of the 1945 Constitution and Article 19 Universal
Declaration of Human Rights on freedom of expression, Article 28G Paragraphs
(1) and (2) of the 1945 Constitution and Article 17 Paragraph (1) of the
International Covenant on Civil and Political Rights concerning the right to
security and privacy, and Article 29 of the Pornography Law.
Keywords: Criminal Law Policy, Sexual Harassment, Gender, Social Media
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