Research Article
The Effectiveness of Implementation of Criminal Law in Managing Sexual Harassment Cases in Indonesia
@INPROCEEDINGS{10.4108/eai.16-4-2022.2319711, author={Anno Soembolo}, title={The Effectiveness of Implementation of Criminal Law in Managing Sexual Harassment Cases in Indonesia}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={sexual harassment effectiveness crime gender}, doi={10.4108/eai.16-4-2022.2319711} }- Anno Soembolo
Year: 2022
The Effectiveness of Implementation of Criminal Law in Managing Sexual Harassment Cases in Indonesia
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2319711
Abstract
Cases of sexual harassment in Indonesia are again in the spotlight, especially in several educational institutions until the issuance of Permendikbudristek Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education. The question then is, are the articles commonly used to deal with sexual harassment cases in Indonesia so far ineffective, so new regulations are needed? Then how exactly is the handling of sexual harassment cases in Indonesia so that the number of reports of sexual harassment cases from Komnas Perempuan actually shows an increase in 2021 to 4,500 complaints? The results of the author's analysis show that there are no regulations and criminal articles that specifically regulate sexual harassment. So far, the handling of sexual harassment cases uses articles on obscene acts, pornography and UUITE for harassment that occurs in cyberspace. The increase in sexual harassment cases is also due to the fact that these crimes occur in private spaces where there is minimal evidence and witnesses and new cases can be handled through complaint offenses. Victims, who are generally women, are embarrassed to report because they are hindered by cultural values and religious understanding. Case handling which is also considered unresponsive to gender interests makes case handling less effective.