TINJAUAN MENGENAI TINDAK PIDANA PELECEHAN SEKSUAL DALAM SISTEM PERADILAN PIDANA DI INDONESIA DIKAJI DARI PERSPEKTIF GENDER

Abstract

As a follow-up to the incomplete regulations, the government passed Law No. 12 of 2022
concerning Crimes of Sexual Violence which in the Act does not limit the perpetrators or victims.
This means that harassment by men against women and vice versa or by men against men and vice
versa is still considered an act of sexual violence . Even so, we cannot close our eyes that sexual
harassment and violence against men does exist and needs to be eradicated just like sexual
violence against women .
The purpose in writing this thesis, namely: First , To Know Formulation of the Crime of
Sexual Harassment in the Criminal Justice System Reviewed From a Gender Perspective . Second,
To know Criminal Law Policy Against Countermeasures Gender Based Sexual Harassment .
Type research used in study This is study law normative . In study normative This writer do
study to principles of law .
From the results of the study it was found that the formulation of the crime of sexual
harassment in the criminal justice system in Indonesia, especially against men, is in Article 5 and
Article 6 of the TPKS Law where the main punishment can be in the form of imprisonment and
special rehabilitation, and additional punishment can be in the form of compensation, deprivation
profits derived from criminal acts, social work, special coaching, revocation of parental rights,
revocation of political rights, and revocation of the profession. This form of punishment provides a
higher burden of deterrent effect. Not only sentenced to prison, but also other additional crimes
that are also more burdensome. Legal Policy criminal action against gender-based sexual
harassment efforts is through the means at outside of criminal law ( non-penal policy ), namely in
the form of preventive measures such as provide an understanding of gender-based harassment by
organizing special classes, such as Weekend Class . This should be a crime prevention effort who
are at the forefront, because as the saying goes that prevention is better than cure.
Author's suggestion, First, the Law on Sexual Violence Crimes must be implemented more
optimally so that the use of articles in cases of sexual violence becomes more targeted.
Second, protection for victims of sexually harassing behavior must be maximized and become the
focus government's role in law enforcement .
Keywords: Sexual-Gender-Criminal Harassment