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Maliki Sirojudin Agani; Mo’amer Kohsad; Bonifasius Deanka Pramoedya Ekarossa; Irfa’i Fadlullah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.

Anggi Lia Liswati; Taun Taun

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The advancement of Artificial Intelligence (AI) technology has generated significant benefits while simultaneously creating new opportunities for cyber-based sexual offenses, particularly through deepfake technology, which enables the manipulation of a person's face into pornographic content without consent. This study examines criminal liability for perpetrators of AI-based sexual harassment and legal protection for victims in deepfake pornography cases, focusing on a case involving a student at Udayana University, Bali. This research employs a normative legal method by analyzing primary, secondary, and tertiary legal materials. The findings indicate that although Indonesian law does not yet explicitly regulate deepfake technology, perpetrators can still be prosecuted under the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and the new Criminal Code. Criminal intent is established through the deliberate manipulation, creation, and dissemination of non- consensual sexual content. Furthermore, victims are entitled to legal protection, including psychological recovery, privacy rights, restitution, and content removal. This study highlights the urgency of developing specific regulations addressing AI-related sexual crimes, enhancing forensic digital capabilities, and strengthening victim-centered protection mechanisms. The research contributes to the legal discourse on emerging digital crimes and emphasizes the need for adaptive legal frameworks in the AI era.  

Ardelia Citra Febriyanti; Diah Gustiniati Maulani; Maya Shafira; Erna Dewi; Aisyah Muda Cemerlang

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research is motivated by the increasing cases of sexual harassment in the university environment which has a serious impact on the psychological condition of victims and the academic climate as a whole. Universities that are supposed to be safe spaces for learning and development are often places where serious violations of human dignity occur. The establishment of the Task Force for the Prevention and Handling of Sexual Violence (Satgas PPKS) is an important step by the government to provide protection, assistance, and a more structured complaint mechanism for victims of sexual violence. This study aims to examine the criminal acts of sexual harassment in universities as well as analyze the role and countermeasures carried out by the PPKS Task Force in handling these cases. The research methods used are normative juridical approaches and empirical juridical approaches. The normative approach is carried out by analyzing relevant laws and regulations, such as the Sexual Violence Crime Law and university regulations related to the prevention of sexual violence. Meanwhile, an empirical approach is carried out through observation and analysis of the implementation of the tasks of the PPKS Task Force in the campus environment. The results of the study show that the PPKS Task Force plays a significant role in providing psychosocial support for victims, conducting socialization related to the prevention of sexual violence, and enforcing anti-sexual violence policies in universities. In addition, the PPKS Task Force also implements various programs such as gender awareness training, legal assistance, and building a complaint system that is more accessible to students. The implications of this study confirm the importance of education and increasing awareness among the academic community regarding the issue of sexual harassment.

Rafadhea Fauzia Aydraghifary; Rinaldy Amrullah; Sri Riski

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines criminal liability for the crime of exhibitionism in Indonesia and the forms of protection provided to its victims. Exhibitionism is a deviant behavior in the form of exposing genitals to others without consent, which is classified as a form of sexual harassment. Although often considered a minor act or even just "fun", exhibitionism has serious psychological impacts on victims, such as trauma, fear, anxiety, and long-term mental disorders, especially if it occurs repeatedly or is experienced by minors. From a legal aspect, the crime of exhibitionism can be prosecuted through several articles in the Criminal Code (KUHP), including Article 281 which regulates indecent acts in public, and Article 289 if the exhibitionism is carried out with violence or threats of violence. In addition, Law Number 44 of 2008 concerning Pornography can also be used as a legal basis, especially if the exhibitionism is carried out through digital media. If the victim is a child, Law Number 35 of 2014 concerning Child Protection will increase the perpetrator's punishment. The criminal liability of exhibitionists depends heavily on their mental state. Under Indonesian criminal law, a person can only be held criminally responsible if they are legally capable of being held accountable. If a perpetrator is proven to have a serious mental disorder based on a psychiatric expert's testimony, they may be subject to special measures instead of criminal punishment, such as rehabilitation in a mental hospital. Protection for victims of exhibitionism must be comprehensive. This includes facilitating the reporting process to authorities, prompt handling by law enforcement, providing counseling or psychological support, protecting the victim's identity, and educating the public to prevent exhibitionism. Integrating legal aspects, mental health, and public education is crucial in breaking the chain of this crime.

Muhammad Rizqi Ardila; Abd. Wachid Habibullah

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual harassment cases in university environments have become a serious issue that not only harms victims physically and psychologically but also undermines academic and humanitarian values. This article aims to analyze the implementation of legal aid services in addressing criminal acts of sexual harassment within higher education institutions, particularly in terms of victim protection, legal assistance, and the restoration of victims’ rights. This study employs an empirical or socio-legal approach by examining existing legal regulations and the practical implementation of legal services by campus-based legal aid institutions. The findings reveal that although several universities have established task forces or sexual violence service units, their implementation still faces challenges such as limited resources, low legal awareness, and a prevailing culture of silence among students. Therefore, institutional strengthening, continuous awareness campaigns, and victim-centered campus policies are necessary to ensure comprehensive access to justice. Legal aid services must not only be reactive but also preventive and educational, as part of a broader effort to create a safe and violence-free academic environment.  

Nurlaila Nurlaila; Mira Anjani; Putik Kasih S; Juheni Lalawaralata; Amalia Naura H +1 more

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual harassment against children in Islamic boarding schools is a serious issue that demands special attention, particularly in the context of legal protection for victims. This study aims to analyze the position and role of child victims in the dynamics of sexual harassment crimes within pesantren, as well as to identify forms of legal protection that can be provided through a victimological approach. One of the cases highlighted in this research occurred at Bani Ma’mun Islamic Boarding School, located in Gembor Udik Village, Cikande Sub-district, Serang Regency, which illustrates the weak protection afforded to children in religious educational environments. By employing an empirical juridical method and referring to secondary data such as legislation, legal documents, and academic literature, this study finds that child victims often do not receive optimal protection, either in the criminal justice process or in terms of psychosocial support. The victimological perspective emphasizes the importance of fulfilling victims' rights, including the right to security, physical and mental rehabilitation, and social reintegration. In this context, protection efforts should not only focus on imposing sanctions on perpetrators but also include the formulation of policies oriented toward the recovery of victims. Therefore, this study recommends strengthening institutional capacity within pesantren to develop and implement comprehensive child protection mechanisms, including regulatory reform and more responsive law enforcement toward victims of sexual crimes. This research is expected to contribute to the development of a legal framework that is more victim-oriented within Indonesia’s criminal justice system.

Wakhidatul Mubarokah; Ali Masyhar Mursyid; Cahya Wulandari

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

The Baiq Nuril case is a clear reflection of the political problems of criminal law in Indonesia, especially in the context of protecting victims of sexual violence and the application of the Electronic Information and Transaction Law (ITE Law). Baiq Nuril, a victim of verbal harassment by her superior, was criminalized through Article 27 paragraph (1) of the ITE Law after she recorded an obscene conversation as a form of self-protection. This research uses a normative juridical approach by analyzing relevant legal instruments and their application in the Baiq Nuril case. The results show that the use of the article contains structural bias and shows an imbalance of perspectives in the criminal justice system, which tends to ignore the position of victims as well as the social context and power relations that surround them. In addition, the article's multiple interpretations open space for criminalization of victims, especially women, instead of providing protection. This case emphasizes the importance of criminal law reform oriented towards substantive justice and in favor of victims, as well as the need to revise the ITE Law so that it does not become a tool of repression against vulnerable groups. The amnesty granted by the President to Baiq Nuril is a political corrective step, but has not touched the root of systemic problems in law enforcement that have not been in favor of victims of gender-based violence.

Ivan Zairani Lisi; Khristyawan Wisnu Wardana; Deny Slamet Pribadi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Sexual violence in the digital space can occur in various motives, such as Flaming, which is an act of harassment committed personally on social media, where the perpetrator insults, attacks, or humiliates the victim through abusive words, private photos, or messages that lead to sexual activity. In the context of digital sexual violence. This form of harassment aims to cause the victim distress, fear, or embarrassment, and can cause psychological trauma. To protect victims, the law needs to impose sanctions against sexual harassment committed through electronic media. In the Indonesian legal system, several laws have been implemented to follow up and address this kind of crime, including the Electronic Information and Transaction Law (ITE Law), the Criminal Code (KUHP), and the Sexual Violence Crime Law (TPKS Law), so that perpetrators of sexual violence in digital spaces are expected to be subject to strict criminal sanctions. Laws are an important step in law enforcement and victim protection. However, effective implementation and public education are needed to achieve these goals. Therefore, there is a need for training for law enforcement officials to better understand and be able to handle appropriate cases of digital sexual violence and community counselling and public education to increase public awareness of electronic sexual violence.

Perwita Chandra Puspa; Oktavia Adi Roesnia; Tsabita Az-zahra; Berliana Clara Bella; Arsya Ghanniyah Hariyadi +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Victims of sexual harassment against people with disabilities experience severe consequences. In addition to being vulnerable to prejudice or discrimination, this minority group also has difficulty in accessing adequate legal protection. The purpose of this article is to examine the legal protection provided to people with disabilities who are targets of sexual harassment in society. The research method used is a normative literature review that examines relevant laws, regulations, and practices. According to this study, although there are legal instruments such as Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS), there are still a number of obstacles in implementing these laws effectively, such as lack of public awareness, limited access to legal infrastructure, and social stigma against individuals with disabilities. The results of this study highlight the need to improve the capacity of law enforcement, build accessible facilities, and educate the community to create a safe and supportive environment for people with disabilities. This article offers suggestions on tactics to improve legal protection and achieve social justice for victims of sexual disclosure who have disabilities.

Dhea Salsa Fadhila; Helida Alfatarin Edib Hanum; Rahma Rini Khalisa Firdausi; Najwa Alya Ristiani; Chammellia Annastasya Melati +1 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual harassment is a behavior with sexual connotations that is done without the consent of the intended person, including various forms such as physical, verbal, and non-verbal. In Indonesia, verbal sexual harassment such as catcalling is common but less recognized by society. Catcalling, which is often directed at women, is often considered trivial and not seen as a form of criminal offense. In fact, this act can have a serious psychological and emotional impact on the victim. Although there is still a lack of understanding about the Sexual Violence Law, it is hoped that this law can provide legal protection for victims. The Criminal Code (KUHP) also regulates crimes of decency, but non-physical sexual harassment has not been specifically regulated, making law enforcement difficult. The problem of lack of legal awareness and the lack of regulations related to verbal sexual harassment are the main obstacles in providing protection to victims. From the above problems, the formulation of the problem to be sought is how the implementation of the law against the perpetrators of catcalling and whether the criminal law in Indonesia has been good enough in dealing with the criminal act of catcalling as a form of sexual harassment. This research was conducted using qualitative methods and inductive research, and research using deductive methods, and using an empirical juridical approach.

Mars Akbar Aziz Prakoso; Mirza Elmy Safira; Budi Handayani

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Article 28 I of the Constitution of the Republic of Indonesia mandates that every citizen has the right and everyone has the right to be free from discriminatory treatment and entitled to protection thereof. Many people believe that only women can be victims of harassment. Women and men are both potential victims and the effects they get are the same. MS as a victim of sexual harassment in KPI wrote an open letter on social media about the sexual harassment that happened to her. The open letter then went viral and many social media users began to harass the personal lives of these perpetrators. From here, the perpetrators reported back to MS with allegations of defamation. The incident became the author's background in writing this research by applying normative juridical research methods, namely research that focuses on positive law or the practice of applying norms or rules in legislation. According to Article 310 paragraph (3) of the Criminal Code states that it cannot be punished if the accusation is carried out as a form of defending public interests or defending oneself. While what is known today, MS who tells her condition after being harassed on social media is an attempt to defend herself and reveal the truth.    

Aditya Sulistyo Budhi

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

In the digital era, technological developments are increasingly rapid, and their existence has begun to penetrate into various aspects of life, such as in the world of finance or the economy. This is marked by the emergence of technology and information-based financial institutions or known as fintech. Starting from this, a question arises on how to implement information technology-based lending and borrowing (peer to peer lending) in Indonesia and how to protect the recipients of the loan (customers). This research is in the form of juridical-normative. The results of this study concluded that there were violations committed by the lender to the customer, and the sanctions imposed were only administrative sanctions with the worst consequence being license revocation. In this regards, obviously it does not provide a sense of justice to the customers, considering the crimes that have been committed, therefore the role of criminal law is very important here, by implementing sanctions related to these crimes, such as the dissemination of personal data, threats in billing, sexual harassment through electronic media, fraud and slander.    

Muthi’ah Lathifah; Jojor Mindo Manullang; Reh Bungana; Maulana Ibrahim

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

It is important to understand the true definition of sexual abuse of children. Child sexual abuse refers to behavior in which adults or older individuals take advantage of children to fulfill their sexual needs. Actions carried out on children can have long-lasting traumatic impacts that can disturb them and even the people around them. Sexual violence against children is so common that it has become a global problem today. In particular, Indonesia has its own law protecting children who experience sexual abuse. The purpose of this article is to explain the implications of criminal law and the challenges faced in dealing with sexual abuse of children. As well as explaining the impact of abuse on children. To help provide an explanation of the research, the method used in this research is literature study and analytical methods