| dc.description.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 | en_US |
