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Criminalization of Online Gender-Based Violence (OGBV): Challenges and Solutions in Indonesian Criminal Law Hukumu, Sahrul; Syahrir, Mukum; Lukum, Abdul Fatah
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2297

Abstract

Online Gender-Based Violence (OGBV) is an escalating phenomenon in Indonesia, driven by the advancement of digital technology, which enables perpetrators to commit various forms of gender-based violence through online platforms. Data from the National Commission on Violence Against Women (Komnas Perempuan) indicate a sharp rise in OGBV cases, from 1,200 cases in 2018 to 8,500 cases in 2023, suggesting that existing regulations remain insufficient in providing adequate protection for victims. This study aims to analyze the challenges in the criminalization of OGBV in Indonesia and to evaluate the effectiveness of existing regulations, particularly the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP). A juridical approach with qualitative analysis is employed, incorporating an examination of current regulations, case studies of court rulings, and interviews with victims and law enforcement officials. The findings reveal that sanctions imposed on perpetrators remain relatively lenient, with only 18% of reported cases being processed by law enforcement, and less than 6% resulting in convictions. Furthermore, existing regulations do not comprehensively address the various forms of OGBV, making it challenging for victims to seek justice. This study underscores the necessity for a more specific and gender-sensitive revision of criminal law to enhance victim protection. The findings are expected to serve as a foundation for policymakers in formulating more effective regulations to combat OGBV in Indonesia.
Perlindungan Hak Asasi Manusia dalam Penegakan Hukum: Studi Empiris terhadap Kasus Kriminalisasi Aktivis Lukum, Abdul Fatah; Hukumu, Syahrul
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 3 No. 1 (2025): Maret 2025 : Perkara Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v3i1.2342

Abstract

The criminalization of activists in Indonesia remains a critical human rights issue, with legal regulations often used to suppress freedom of expression and civil liberties. Despite Indonesia’s commitment to human rights protection, repressive law enforcement practices indicate an imbalance between state interests and civil rights safeguards. This study analyzes how existing legal frameworks contribute to activist criminalization and assesses the effectiveness of legal protection mechanisms. Using a qualitative empirical approach, this study examines legal regulations, court rulings, and case studies of activist criminalization. Data were collected through interviews with activists, human rights lawyers, and legal scholars, supported by legal document analysis. Findings reveal that activist criminalization cases increased by 75% from 2018 to 2023, with 70% of targeted activists experiencing legal intimidation leading to job loss, psychological pressure, and social insecurity. Additionally, 90% of criminalized activists faced prolonged legal battles, with only 10% acquitted. Ambiguous legal provisions, particularly in the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP), are frequently misused to silence activism. This study highlights the urgent need for inclusive legal reform and stricter oversight mechanisms to prevent the misuse of laws against civil society. The findings provide a foundation for future research and policy recommendations to strengthen human rights protections and ensure that legal instruments are not exploited to suppress activism.