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All Journal Jurnal Pustaka Cendekia Hukum dan Ilmu Sosial JICL
Risky Waldo
Universitas Pamulang
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance

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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.
Co-Authors Rezky Aisyah Fitri Tubagus Ahmad Ramadan