The Implementation Of Law Number 12 Of 2022 On Sexual Violence Crime On Online Gender-based Violence (OGBY) Cases In The Form Of Non-consensual Dissemination Of Intimate Image (Ncii) in Yogyakarta
Abstract
Online Gender-Based Violence (OGBV) cases, particularly Non-Consensual
Dissemination of Intimate Images (NCII), are a crucial problem in the Special Region
of Yogyakarta. Many cases remain unresolved for various reasons. The main reason is
that victims often avoid reporting their cases to the police due to the fear of potential
criminalization by the regulations. The limited protection for the victims is due to the
Special Region Police of Yogyakarta still using laws such as the ITE and Pornography
Law.
This research empirically examines the appropriateness of resolving OGBV cases in
the form of NCII using ITE and Pornography Law. Furthermore, the urgency of the
Crime of Sexual Violence Law in resolving NCII cases. Case data was obtained from
the Special Region of Yogyakarta Police, and research interviews were conducted with
victims and the investigator.
This study reveals that the resolution of OGBV cases, in the form of NCII, using the
ITE and Pornography Laws, is ineffective. The researcher found 52 (fifty-two) victims
who were reluctant to report their cases to the Police because they were afraid of being
criminalized by ITE and Pornography Laws. Furthermore, the Law on Sexual Violence
is expected to bring significant changes, especially in reducing or eliminating certain
cases, especially NCII in Indonesia. This law provides more comprehensive protection
for victims than the ITE and Pornography Laws, making it urgent to resolve OGBV
cases in the form of NCII.
The research suggests the ITE and Pornography Law should not be used to resolve
cases of OGBV in the form of NCII, as they are considered inappropriate. Additionally,
law enforcement officials should have the qualifications to handle cases of sexual
violence, ensuring victims to feel safe in resolving cases. Furthermore, in order to
properly implement the Law on Sexual Violence, the government should immediately
enforce the implementing guidelines and technical guidelines of the institution,
especially those related to procedural law. Furthermore, the Law on Sexual Violence
must also be immediately socialized to related parties in order to create a
comprehensive understanding of the substance of the Law on Sexual Violence.
Collections
- Law [2335]