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Measuring the Implementation of the TPKS Law: Between the Availability of Rules and the Readiness of the Apparatus

By Achmad Fahmi

24 Jun 2024 18:42 WIB 24 June 2024 18:42 WIB 8 minutes reading time: 8 minutes 59 read

This article specifically discusses the implementation of the TPKS Law which has been officially enacted for two years.

Measuring the Implementation of the TPKS Law: Between the Availability of Rules and the Readiness of the Apparatus

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Table of Contents

The Impact of Technology and the Threat of Gender-Based Cybercrime
Sextortion Modus Operandi
Legal Basis for Sextortion Crimes
Implementation of the TPKS Law

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Legal Literacy - This article discusses the implementation of the Law on Sexual Violence Crimes (UU TPKS) in Indonesia, evaluating the availability of its derivative regulations, and the readiness of law enforcement officials in handling cases of sexual violence. This article also reviews how the UU TPKS accommodates the crime of sextortion and the importance of corrective, restorative, and rehabilitative justice for victims. In addition, the role of the government in drafting implementing regulations that support effectiveness is also described. UU TPKS.

The Impact of Technology and the Threat of Gender-Based Cybercrime

The development of technology and information has led humans towards a new civilization that has caused a shift in the reality of life from real activities to virtual activities (virtual) in the digital space. The dynamics of technological and information development today are like a double-edged sword, because in addition to having benefits for interacting with other people, these developments also have the potential to present new forms of crime.

Crimes committed using information technology tools like this are called cybercrimes (cybercrime). In a broad sense, cybercrime is any unlawful act committed using computer and internet networks to gain profit or cause harm to others. In its development, the form cybercrime today is not only limited to crimes hacking, carding, cracking, but has developed into sexual violence crimes in cyberspace, which are referred to as Gender-Based Cyber Violence (hereinafter referred to as KSBG).

According to Komnas Perempuan, KSBG is an act of gender-based violence that is carried out and supported by the use of information and communication technology (ICT), which targets a woman and results in physical, sexual or psychological suffering in the form of coercion or arbitrary deprivation of liberty carried out in public or in private life. One type of KSBG that is rife in Indonesia is sextortion. The crime of sextortion is a form of KSBG that is carried out by extortion accompanied by threats using photos or videos of a sexual nature belonging to the victim.