Konstruksi Hukum Perlindungan Korban Kekerasan Berbasis Gender Online Menurut Hukum Hak Asasi Manusia

Abstract

The Internet has improved leaps and bounds in accord to our needs. Unfortunatley, these improvements are seen as a free platform in which cyber crime often happens. Online gender-based violence (GBV) is one amongst many acts of violence thats is facilitated by the internet with the sole purpose of hurting the victim based on their gender and sexuality. The cases of online GBV has been growing with each passing year, peaking on these last three years according to recent report by the National Commission on Violence Against Women. People might be familiar with online GBV, yet the solved rate of cases on it is still among the lowest one. This research is titled The Construction of Legal Protection for Victims of Online Gender- Based Violence According to Human Rights Law. This research is conducted upon two formulated problems. First, the existing condition of a security assurance for the victims of online gender based violences. Secondly, the construct of legal protection for the victims of online GBV according to human rights law. Methodologically, this research is a normative/doctrinal research for using a juridical concept of approach. Results found that the solving of online GBV cases in Indonesia is still limited to the use of Law Number 11 Year 2008 on Electronic Information and Transaction and Law Number 44 Year 2008 on Pornography. These two acts do not comform to the spirit of online GBV. The focus of the two acts is also only to resolve the case by giving judgement to the perpetrators and neglecting the concept of protection desperately needed by the victims. The protection of the victims is a mandatory practice and should be given to any kind of victims of criminal acts, therefore the country is responsible for providing said protection. Secondly, the researcher is trying to design a law construct of protection for online GBV victims in order to be included in the Bill Draft on the Elimination of Sexual Violence especially in the internet aspect. The researcher also adds on the protection of private data, cooperation between law enforcers such as the state cyber and code agency, the extension of public domain definition, and lastly the protection of victims before, currently, and after the judiciary process that is being done directly by social & psychology accompaniment and the protection regarding digital data. Keywords: Online Gender Based Violence, legal protection, human rights