KEBIJAKAN HUKUM PIDANA TERHADAP PELECEHAN SEKSUAL BERBASIS GENDER DI MEDIA SOSIAL

Abstract

Referring to Komnas Perempuan's 2020 Annual Notes, it notes that there
is a new type of gender violence, namely cyber-based or online gender violence.
Cases of violence have continued to increase over the last six years, an increase
of 300% in Online Gender Based Violence (KBGO) compared to the previous
year (2019). Komnas Perempuan stated that this type of violence has an
increasingly complicated pattern of violence because it occurs in the digital
realm. Ranging from character assassination to sexual harassment through cyber
attacks.
The type of research used is normative juridical research. In this research,
the researcher discusses the level of legal synchronization, which aims to reveal
the extent to which certain laws are compatible vertically or horizontally with this
matter.
The conclusions that can be drawn from the results of the study are: First,
the current criminal law regulation against gender-based sexual harassment on
social media has not fully supported the advancement of internet technology. This
type of violence is the same as direct violence, the difference is that now gender-
based violence has shifted to social media or cyberspace. Therefore, social media
is considered not to have a safe space for women. To get protection for KBGO on
social media. Second, the ideal idea of gender-based sexual harassment on social
media in the future is that the PKS Law actually has articles that regulate human
rights. These articles can also be used as a reference to fulfill women's sense of
security and rights to freely surf the internet or social media. These articles
include Article 27 Paragraph 1 and Article 45 Paragraph 1 concerning the
Electronic Information and Technology (ITE) Law which is still being debated
because it is considered a rubber article, Article 28E Paragraph (3) of the 1945
Constitution and Article 19 Universal Declaration of Human Rights on freedom of
expression, Article 28G Paragraphs (1) and (2) of the 1945 Constitution and
Article 17 Paragraph (1) of the International Covenant on Civil and Political
Rights concerning the right to security and privacy, and Article 29 of the
Pornography Law.
Keywords: Criminal Law Policy, Sexual Harassment, Gender, Social Media.