CD Skripsi
Reformulasi Sanksi Pidana Pelecehan Seksual Non Fisik Dalam Pasal 5 Undang-Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual
ABSTRACT
Non physical sexual harassment is an inappropriate statement, gesture, or activity that leads to sexual relations with the aim to degrade or humiliate. Criminal sanctions for non-physical sexual harassment are regulated in Article 5 of Law Number 12 Year 2022 on Criminal Acts of Sexual Violence. Although criminal sanctions for perpetrators of non-physical sexual harassment have been regulated, namely imprisonment for a maximum of nine months and or a maximum fine of ten million rupiah, these sanctions are considered too light when compared to the psychological impact experienced by the victims. The formulation of Article 5 also made just to formally formulates the article, hence it does not regard the impact of non-physical sexual harassment. The purpose of this study is to determine the weaknesses and constraints of the application of criminal sanctions against non-physical sexual harassment based on Article 5 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence and to find the ideal reformulation of criminal sanctions against perpetrators of non-physical sexual harassment in Indonesia.
This study used the method normative legal research using literature review to examine the problem. Researcher used secondary data sources, namely primary, secondary and tertiary legal materials. This research analyzes data qualitatively and produces descriptive data.
From the research results, there are two main things that can be concluded. First, the formulation of Article 5 of the Crime of Sexual Violence has weaknesses, namely criminal sanctions that are too light and do not contain the consequences of actions in the formulation of the article. Second, there's a need for an upgrade in criminal sanctions for non-physical acts of sexual harassment and the inclusion of material article formulations in order to provide justice for victims who experience psychological impacts. The reformulation of Article 5 was prepared by considering philosophical, sociological and juridical foundations.
Keywords: Non Physical Sexual Harassment - Article 5 - Reformulation - Psychological
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