Legal Literacy - This article discusses the implementation of the Law on Sexual Violence Crimes (Law on Sexual Violence Crimes) in Indonesia, evaluating the availability of its derivative regulations, and the readiness of law enforcement of law in handling cases of sexual violence. This article also reviews how the Law on Sexual Violence Crimes accommodates the crime of sextortion and the importance of corrective, restorative, and rehabilitative justice for victims. In addition, it also outlines the role of the government in drafting implementing regulations that support the effectiveness of the law. Law on Sexual Violence Crimes.
The Impact of Technology and the Threat of Gender-Based Cybercrime
The development of technology and information has led humans to 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 networks and the internet to gain profit or cause harm to others. In its development, the form of cybercrime today is not only limited to crimes such as hacking, carding, cracking, but has evolved into sexual violence crimes in cyberspace, referred to as Gender-Based Cyber Violence (hereinafter referred to as GBCV).
According to Komnas Perempuan (National Commission on Violence Against Women), GBCV is an act of gender-based violence committed and supported by the use of information and communication technology (ICT), which targets women and results in physical, sexual, or psychological suffering in the form of coercion or arbitrary deprivation of liberty committed in public or in private life. One type of GBCV that is rampant in Indonesia is sextortion. The crime of sextortion is a form of GBCV committed by extortion with threats using sexually explicit photos or videos belonging to the victim.
Modus Operandi of Sextortion
From several cases that the author is aware of, sextortion perpetrators generally aim to obtain material or sexual rewards with an element of threat. Sextortion perpetrators are usually carried out by strangers who are known on social media and then build trust and pretend to have a romantic relationship with the victim; usually, sextortion cases are often found in 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 child, which happened because she was threatened that her sexually explicit photos would be spread on social media by the main perpetrator.
Based on her actions, R has now been named a suspect in the molestation of her child. During the examination process, R admitted to being contacted by an acquaintance on Facebook on July 8, 2023, named Icha Shakila. She claimed that Icha Shakila asked her to send her sexually explicit photos with the promise of being given fifteen million rupiah. Under the pretext of economic pressure, R finally complied with the perpetrator's orders. However, instead of getting money, the perpetrator instead forced R to make a pornographic video with her husband or child if she did not want her sexually explicit photos to be spread on social media. For her actions, R faces a sentence of up to 12 years in prison on multiple charges.
Legal Basis for Sextortion Crimes
Since the early development of the internet, GBCV 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 Annual Notes of Komnas Perempuan, throughout 2023, it received 1,271 complaints of gender-based violence in the public sphere. The most dominant gender-based violence is GBCV, with a total of 838 cases (66 percent).The increasing number of internet users is not accompanied by the socialization of digital literacy. Based on data from the Annual Records of the National Commission on Violence Against Women, throughout 2023, it received 1,271 complaints of gender-based violence in the public sphere. The most dominant form of gender-based violence is online gender-based violence, with a total of 838 cases (66 percent).
The crime of sextortion has clearly deprived the basic human right to security and protection from threats as guaranteed by the constitution in Article 28G paragraph (1) of the 1945 Constitution. Prior to the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS), no other laws and regulations were found to explicitly and comprehensively regulate the crime of sextortion.
This is because within the Criminal Code (KUHP) there are only general rules without considering the characteristics of sextortion committed in the digital space. For example,such as the provisions in Articles 282, 368, 369, and 335 of the Criminal Code which are qualified as indecency, extortion, and ordinary threats. In addition, perpetrators of sextortion can also be criminally charged if 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, both of these legal provisions do not fully cover all elements of the crime of sextortion.
Meanwhile, the act of disseminating sexually suggestive content by perpetrators against victims of sextortion is also 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 (UU ITE). Furthermore, in Article 27 paragraph (4) of the a quoregulated law regarding the prohibition of disseminating information with extortion content. The criminal threatis 6 (six) years imprisonment and a fine of one billion rupiah.
Following the enactment of the UU TPKS in May 2022, various forms of sexual violence crimes have been formulated in the provisions of Article 4 paragraph (1) of the UU TPKS, one of which is electronic-based sexual violence (EBSV).
Sone of form EBSV refers to formulation Article 14 paragraph (1) Law on Sexual Violence Crimes who mentionsmentions the element of recording or taking pictures without consent containing sexual content, then sending it to other people using electronic systems and is 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 affirms 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 Law on Sexual Violence Crimes
The birth of the TPKS Law is certainly a breath of fresh air in eradicating criminal acts of sexual violence, however, in practice implementation the TPKS Law has not been effective enough as a legal umbrella for the protection of victims of sexual violence. This occurs because law enforcement officials are still using the ITE Law to resolve cases of Sexual Violence in the Electronic Sphere (KSBE). In fact, the rules within the ITE Law ideally do not have a gender perspective let alone favor the victims.
According to Prof. Eddy Hiarieif judging from its substance, the TPKS Law is considered superior because of the a quo it is no longer oriented towards retribution alone, but also involved in corrective justice, restorative justice, and rehabilitative justice. Of these three forms, first, corrective justice aims to punish the perpetrators, second, restorative justice emphasizes the restoration of the victims' 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 recovering victims; carrying out law enforcement and ensuring that sexual violence does not recur. In addition, the a quo Law is present for the fulfillment of victims' rights comprehensively, which have been neglected by the state in cases of sexual violence. For example, in Article 30 of the TPKS Law, it explicitly 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 affirmed in Article 67 paragraph (1) and paragraph (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 it can implemented and become the answer society regarding sexual violencel. Follow-up can be pursued through legal and non-legal measures, starting from the completion of its derivative regulations its derivative regulations and capacity development to improve the resources oflaw enforcement officials when handling cases of sexual violence.
Regarding the implementing regulations, in Article 91 paragraph (1) Law on Sexual Violence Crimes mandates that the derivative regulations must be stipulated within two years from the date the Law is a quo officially enacted. 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 Sexual Violence Crimes 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 Victims of Sexual Violence Crimes; the RPP concerning Coordination and Monitoring of the Implementation of Prevention and Handling of Victims of Sexual Violence Crimes; the RPP concerning the Victim Assistance Fund for Sexual Violence Crimes; the Draft Presidential Regulation (RPerpres) concerning the Implementation of Integrated Services in the Handling, Protection, and Recovery Center; and the RPerpres concerning the National Policy on Eradicating Sexual Violence Crimes.
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