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PELEPASAN KONDOM TANPA PERSETUJUAN (STEALTHING): ANALISIS YURIDIS PELANGGARAN OTONOMI SEKSUAL DAN UNSUR KEKERASAN SEKSUAL Risky Waldo; Tubagus Ahmad Ramadan
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

The practice of nonconsensual condom removal or stealthing represents a form of sexual violence that has garnered intensive attention in international legal discourse, yet remains inadequately recognized within the Indonesian legal system. This research aims to analyze the juridical construction of stealthing as a violation of sexual autonomy and evaluate the adequacy of Indonesia's criminal law framework in accommodating such practice. Employing normative legal research methodology with statutory, conceptual, and comparative approaches, this study examines the Sexual Violence Crimes Law, the new Criminal Code, and regulations from various progressive jurisdictions. Research findings indicate that stealthing can be constructed as sexual violence violating sexual and reproductive autonomy through conditional consent theory and reproductive coercion framework. However, normative constructions in existing legislation do not explicitly accommodate this practice, resulting in legal vacuum. This research recommends legislative revision by adding specific provisions regarding stealthing, reformulation of consent concept, strengthening victim protection mechanisms, comprehensive sexuality education, and capacity building for law enforcement officials to provide adequate legal protection for victims.
Efektivitas Penerapan UU No. 19 Tahun 2016 Tentang Informasi dan Transaksi Elektronik dalam Memberikan Perlindungan Hukum Korban Kasus Kekerasan Seksual Berbasis Elektronik (Analisis Putusan Nomor 243/Pid.Sus/2024/PN Btl) Rezky Aisyah Fitri; Risky Waldo
Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Vol. 4 No. 2 (2026): Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial Volume 4 Nomor 2 June - September
Publisher : PT PUSTAKA CENDEKIA GROUP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70292/pchukumsosial.v4i2.554

Abstract

Advancements in information technology have given rise to various forms of crime, one of which is electronic-based sexual violence (KSBE) involving "Video Call Sex" (VCS). This study aims to analyze the application of substantive law in Bantul District Court Decision Number 243/Pid.Sus/2024/PN Btl, as well as the effectiveness of the Electronic Information and Transactions Law (UU ITE) in providing legal protection for victims. This is a normative legal study employing statutory, case, and contextual approaches. Data were obtained through literature review and analyzed qualitatively. The results indicate that the application of substantive law in the decision aligns with prevailing legal provisions, as all elements of the charged criminal offense were legally proven based on the evidence presented. However, the panel of judges did not consider Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) as the specific regulatory basis for KSBE. Furthermore, the application of the UU ITE has not been effective in providing legal protection for victims; while it satisfies the aspect of legal certainty, the aspects of legal protection and victim recovery have not been optimally addressed. Therefore, harmonizing the application of the UU ITE and the UU TPKS is necessary to ensure more comprehensive protection for victims.
Penguatan Kesadaran Hukum Siswa melalui Edukasi Sistem Peradilan Pidana Anak sebagai Upaya Pencegahan Kekerasan di Lingkungan Sekolah Welly Indra; Risky Waldo; Rinaldi Chandra; Marcello Revalino
Jurnal Pengabdian Kepada Masyarakat Vol 4 No 2 (2026): JURNAL PENGABDIAN KEPADA MASYARAKAT (PENGMAS)
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59820/pengmas.v4i2.580

Abstract

Violence and assault involving children in the school environment have become issues that require serious attention because they affect not only victims but may also result in legal consequences for children as perpetrators. This situation highlights the importance of strengthening students’ legal awareness so that they can understand behavioral boundaries, the consequences of violent acts, and the legal rights and protection afforded to children in conflict with the law. This community service activity aimed to improve students’ legal awareness and understanding of assault-related offenses, prevent violence and juvenile delinquency, and encourage the creation of a safe and violence-free school environment. The activity employed an interactive legal education approach through lectures, group discussions, case studies and court decisions, role-playing or simulations, question-and-answer sessions, educational videos, and visual media. The materials focused on child protection, the Juvenile Criminal Justice System, the legal consequences of assault, violence prevention, as well as diversion and restorative justice. The results indicated an improvement in students’ understanding of applicable legal provisions and the criminal consequences of assault, the importance of resolving conflicts peacefully, and the recognition that children in conflict with the law remain entitled to legal protection and assistance in accordance with applicable provisions. The activity also highlighted the important roles of schools and parents in providing guidance, prevention, and support for children. Therefore, legal education can serve as a preventive strategy to strengthen students’ legal awareness while encouraging more responsible behavior. Similar activities are recommended to be conducted continuously by involving legal and psychological professionals and by strengthening character education and a positive, violence-free school culture.
Reconstructing Legal Protection for Victims of Deepfake Abuse through a Victim-Oriented Justice Approach Mohammad Arief Widyanto; Risky Waldo; Tubagus Ahmad Ramadan
Jurnal Kepastian Hukum dan Keadilan Vol 8, No 1 (2026): Juni 2026
Publisher : Universitas Muhammadiyah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32502/khk.v8i1.11483

Abstract

The rapid advancement of artificial intelligence has given rise to deepfake technology, which employs deep learning through Generative Adversarial Networks (GANs) to realistically manipulate audio-visual content without the subject's consent. Misuse of this technology inflicts multiple layers of harm on victims, including violations of honor and privacy, alongside prolonged psychological trauma. Indonesia's existing regulations, namely the ITE Law No. 1 of 2024 and the PDP Law No. 27 of 2022, have not explicitly defined deepfakes as an independent criminal offense, creating a legal vacuum (rechtsvacuum) that leaves victims vulnerable to further harm. This research employs a normative legal method, using legislative, conceptual, and comparative approaches. The findings reveal that both regulations remain reactive and inadequate to address the complexity of AI-based digital identity manipulation. In response, a victim-oriented justice approach is proposed as a paradigm for legal reconstruction, positioning victims as the central subject of recovery. The proposed ideal reconstruction consists of three layers of protection: preventive, through the establishment of lex specialis regulation; repressive, through mandatory restitution; and rehabilitative, through guarantees of the right to be forgotten and psychological recovery. This study concludes that comprehensive special legislation oriented toward fulfilling victims' rights in digital crimes is urgently needed.