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.

Sextortion Modus Operandi

From several cases known to the author, perpetrators of sextortion generally aim to obtain material or sexual rewards with an element of threat. Sextortion is usually carried out by strangers known on social media who then build trust and pretend to have a romantic relationship with the victim. Sextortion cases are often found on online dating applications (dating app,) or other social media.

A case that has recently been widely discussed is the circulation of a heartbreaking video of a mother with the initials R who was forced to commit acts of molestation against her underage biological child, which happened because she was threatened that her sexually explicit photos would be spread on social media by the main perpetrator.

Based on his actions, R has now been named a suspect in the molestation of his child. During the examination process, R admitted to being contacted by an acquaintance on Facebook on July 8, 2023 named Icha Shakila. He admitted that Icha Shakila asked him to send his sexually explicit photos with the lure of being given fifteen million rupiah. Due to economic pressure, R finally complied with the perpetrator's orders. However, instead of getting money, the perpetrator instead forced R to make an obscene video with her husband or child if she didn't want her sexual photos to be spread on social media. For his actions, R is threatened with up to 12 years in prison on multiple charges.

Measuring the Implementation of the TPKS Law: Between the Availability of Regulations and the Readiness of the Apparatus
Illustration Image by Editors

Since the beginning of the internet's development, GBV has been a serious problem that has become a global phenomenon. This is because of the increasing number of internet users that is not accompanied by the socialization of digital literacy. Based on data from the Komnas Perempuan Annual Notes, throughout 2023 it received 1,271 reports of gender-based violence in the public sphere. The most dominant form of gender-based violence is GBV, with 838 cases (66 percent).The crime of sextortion clearly deprives basic human rights to the right to feel safe and protected from threats as guaranteed by the constitution in Article 28G paragraph (1) of the 1945 Constitution. Before the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS), no other laws and regulations were found that explicitly and comprehensively regulated the crime of sextortion.

This is b

ecause the Criminal Code only contains general rules without paying attention to the characteristics of sextortion carried out in the digital space.For example, s uch as the provisions in Articles 282, 368, 369, and 335 of the Criminal Code which are qualified in the offenses of indecency, extortion, and ordinary threats.In addition, perpetrators of sextortion can also be punished if they are proven to have distributed pornographic content belonging to the victim as regulated in Article 4 paragraph (1) of Law Number 44 of 2008 concerning Pornography (UU Pornografi). However, these two legal provisions have not fully covered all elements of the crime of sextortion. Meanwhile, the act of disseminating sexually explicit content by perpetrators against victims of sextortion crimes also

Sementara itu, perbuatan penyebarluasan konten bermuatan seksual oleh pelaku terhadap korban kejahatan sekstorsi juga regulated in Article 27 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). Furthermore, in Article 27 paragraph (4) Law a quoregulated regarding the prohibition of disseminating information with extortion content. The criminal threatis 6 (six) years in prison and a fine of one billion rupiah.

After the enactment of the TPKS Law on May in 2022, various forms of sexual violence crimes have been formulated in the provisions of Article 4 paragraph (1) of the TPKS Law, one of which is electronic-based sexual violence (KSBE).

One of the forms of KSBE refers to the formulation of Article 14 paragraph (1) UU TPKS which arementioning the element of recording or taking pictures without consent containing sexual content, then sending it to other people using an electronic system and threatened with a criminal sanction of 4 (four) years imprisonment and/or a fine of two hundred million rupiah. Furthermore, in Article 14 paragraph (2) of the Law a quo asserts that if the act aims to extort or threaten, the sanction is increased to 6 years in prison and a fine of three hundred million rupiah.

Implementation of the TPKS Law

The birth of the TPKS Law is certainly a breath of fresh air in eradicating criminal acts of sexual violence, nbut in practice implementation The TPKS Law has not been effective enough as a legal umbrella for the protection of victims of sexual violence. This happens because law enforcement officials still use the ITE Law to resolve KSBE cases. Even though the rules in the ITE Law ideally do not have a gender perspective let alone alignment with the victim.

According to Prof. Eddy Hiariej if reviewed in terms of substance, the TPKS Law is considered superior because Law a quo it is no longer oriented towards revenge alone, but is also involved in corrective justice, restorative justice, and rehabilitative justice. Of these three forms, first corrective justice aims to punish the perpetrator, second restorative justice emphasizes the restoration of the victim's rights, and rehabilitative justice is aimed at both victims and perpetrators of sexual violence.

The presence of the TPKS Law is actually aimed at eradicating all forms of sexual violence; namely handling, protecting and restoring victims; carrying out law enforcement and ensuring that sexual violence does not recur. In addition, the a quo Law is present to fulfill the rights of victims comprehensively which have been neglected by the state in cases of sexual violence. For example, in Article 30 of the TPKS Law, it clearly provides certainty of restitution for victims.

In addition to imposing criminal sanctions on perpetrators of sexual violence, judges are obliged to determine the amount of restitution that must be paid to victims. Furthermore, regarding other rights of victims, it has also been emphasized in Article 67 paragraphs (1) and (2) of the a quo Law which states that the rights of victims include: the right to handling, the right to protection, and the right to recovery which is the state's obligation to fulfill the rights of victims of sexual violence.

Although the TPKS Law does not explicitly mention the crime of sextortion, it has accommodated provisions regarding the crime of sextortion compared to other laws and regulations. Therefore, the Law a quo which is two years old requires follow-up so that can be implemented and become the answer society regarding sexual violencel. Follow-up can be taken through legal and non-legal steps. Starting from completing the rules its derivatives and capacity building to improve resourceslaw enforcement officials when handling cases of sexual violence.

Meregarding the implementing regulations, in Article 91 paragraph (1) UU TPKS memandates that the derivative regulations must be established within two years of the Law a quo officially promulgated. This means that until the deadline, the government has only issued two regulations out of the seven regulations that should have been formed. The two derivative regulations are Presidential Regulation Number 9 of 2024 concerning the Implementation of Education and Training for the Prevention and Handling of TPKS and Government Regulation Number 55 of 2024 concerning Regional Technical Implementation Units for the Protection of Women and Children.

Meanwhile, the other five derivative regulations are still in draft form, including the Draft Government Regulation (RPP) concerning the Handling, Protection, and Recovery of TPKS Victims; RPP concerning Coordination and Monitoring of the Implementation of Prevention and Handling of TPKS Victims; RPP concerning the TPKS Victim Assistance Fund; Draft Presidential Regulation (RPerpres) concerning the Implementation of Integrated Services in the Handling, Protection, and Recovery of Centers; and RPerpres concerning the National Policy on Eradicating TPKS.