Criminal Sanctions for Catcalling Perpetrators

The act of verbal sexual violence is regulated in positive law, although the statement of catcalling is not clearly explained, including:

  • Article 289 of the Criminal Code, for everyone who uses violence to force someone to commit or allow the commission of an indecent act, is threatened with committing an act that attacks decency, with a maximum imprisonment of 9 (nine) years
  • Article 8 Jo Article 34 of Law no. 44/2008 concerning Pornography, prohibition for everyone who intentionally or with his consent becomes an object or model containing pornographic content, so that he is sentenced to a maximum imprisonment of 10 (ten) years and/or a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah).
  • Article 9 Jo Article 35 of Law no. 44/2008 concerning Pornography, Prohibition for everyone who makes another person an object or model containing pornographic content, is sentenced to a minimum imprisonment of 1 (one) year and a maximum of 12 (twelve) years and/or a minimum fine of Rp. 500,000,000.00 (five hundred million rupiah) and a maximum of Rp. 6,000,000,000.00 (six billion rupiah).
  • Article 5 of Law no. 12/2022 concerning Sexual Violence Crimes, everyone who commits a non-physical sexual act aimed at the body, sexual desires, and/or reproductive organs with the intention of degrading the dignity of a person based on their sexuality and/or decency, is sentenced for non-physical sexual harassment, with a maximum imprisonment of 9 (nine) months and/or a maximum fine of IDR 10,000,000.00 (ten million rupiah).

It should be noted that catcalling cases are often considered normal and not serious, even though this case has violated Article 30 of Law 39/1999 concerning Human Rights, where humans have the right to security and comfort. If explored further, the effects felt by catcalling victims have an impact on their psyche, including feeling uncomfortable, anxious, worried, and even traumatized.

Therefore, victims are expected to report this case if they experience the above characteristics. Simply put, if the victim does not report, the perpetrator will never understand the deterrent effect and this case will continue to be underestimated.

Laws and Regulations

  1. Law Number 12 of 2022 concerning Sexual Violence Crimes
  2. Law Number 39 of 1999 concerning Human Rights
  3. Law Number 44 of 2008 concerning Pornography
  4. Criminal Code Criminal Law (Criminal Code)
  5. Criminal Code Criminal Procedure Law (Criminal Procedure Code)

References:

  • Noviani, Fitri. "The Phenomenon of Catcalling in Pontianak City: Impact on Women." Jurnal Pendidikan Sosiologi Undiksha Jurusan Sejarah, Sosiologi dan Perpustakaan 5 (2023): 147–157.
  • Sabtika, Erlina F. "The Majority of Female Journalists Experienced Sexual Violence and Harassment in 2022, Here are 10 Types." Katadata Media Network (2023).
  • "Catcalling in Virtual Space, A Nightmare for Women." Kompasiana.com (2022).
  • "Why Don't Many Women Choose to Become Journalists?" Suluh Perempuan (2023). https://suluhperempuan.org/2023/12/24/kenapa-tidak-banyak-perempuan-yang-memilih-menjadi-jurnalis.html.