PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN PELECEHAN SEKSUAL DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

Abstract

Everyone has human rights, one of which is legal protection. Victim
protection revealed that in principle it has been regulated in Law Section Number
12 of 2022 concerning Crimes of Sexual Violence in articles 42 to article 47
concerning Victim Protection. In accordance with the provisions of Article 4 of
the Witness and Victim Protection Law, witness and victim protection aims to
provide a sense of security to witnesses and/or victims in providing information
during any criminal detention process. Therefore, the aim of this thesis research
is firstly to explain the legal protection for female victims of sexual disclosure
from the perspective of Indonesian criminal law, secondly to describe the
weaknesses contained in the PSK Law regarding the legal protection of female
victims of sexual disclosure.
This research is normative legal research, referring to positive legal
norms that apply in Indonesia to answer issues that exist on the surface. This is
based on library research which takes quotations from book readings, or
scientific research as support that is related to the problem to be researched. This
research uses secondary data sources consisting of primary, secondary and
tertiary legal materials. This research also uses qualitative data analysis and
produces descriptive data.
From the results of the discussion it was concluded that, firstly, legal
protection for women who are sexually victims is discussed in the Criminal Law
in Indonesia regarding the restoration of victims' rights, while technical
protection is mandated by the Witness and Victim Protection Law. The second
obstacle in legal protection for victims of sexual disclosure is that the realization
of the LPSK's duties and authority in the PSK Law is not specifically regulated in
a separate provision or chapter, the victim is actually re-criminalized by the
perpetrator through the ITE Law in the article on defamation, a culture of
blaming the victim, legal sanctions are required. For perpetrators of restitutive
violence, many forms are open but the laws used are still the same, resulting in
legal violations. The author's suggestion is that regulations are needed that
accommodate a sense of justice for victims of sexual harassment. It requires a
strong desire by each stakeholder to ensure that all stages run correctly.
Keywords: Legal Protection, Victims, Sexual Harassment