TINJAUAN YURIDIS PEMERASAN SEKSUAL (SEXTORTION) DALAM UNDANG-UNDANG NOMOR 12 TAHUN 2022 TENTANG TINDAK PIDANA KEKERASAN SEKSUAL

Abstract

The development of information and technology has given rise to virtual
sexual activity called sextortion. In Indonesia, various existing regulations have
not been able to become a legal basis to properly protect victims of sextortion
crimes. In fact, sextortion cases are one of the most widespread forms of online
sexual violence in Indonesia. The purpose of writing this thesis is: First, to find
answers regarding the concept of sexual extortion (sextortion) in positive law in
Indonesia. The second is to find a solution to the problem regarding the precise
boundaries regarding sexual extortion (sextortion) in Law Number 12 of 2022
concerning Crimes of Sexual Violence.
This research uses normative juridical methods. The author conducted
research on doctrines or principles in legal science, especially on the principle of
legal certainty, which is descriptive in nature. In this research, the data source
used is secondary data source. Data collection was carried out by means of
library research, with qualitative data analysis.
The results of the research in writing this thesis can be concluded. Firstly,
the concept of sexual blackmail (sextortion) in positive law in Indonesia is
regulated in the Criminal Code, the Pornography Law, the ITE Law and the
TPKS Law, however the existing regulations still have weaknesses in providing
protection to victims. Second, regarding sextortion crimes in Indonesia in Law
Number 12 of 2022 concerning Crimes of Sexual Violence, there are still
weaknesses in terms of the definition of sextortion, the threat of blackmail used in
sextortion crimes, information or electronic documents used in sextortion crimes,
and how to obtain them. Thus, there is still a need to refine and explain the
elements of the articles in the sextortion act in order to fill legal gaps and provide
legal certainty in future sextortion cases.
Keywords : Criminal Act – Sexual Violence – Sextortion