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This Author published in this journals
All Journal International Law Discourse in Southeast Asia Indonesian Journal of Criminal Law Studies
Arnita Pratiwi Arifin
University of Liverpool
Law, Crime, Criminology & Criminal Justice

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Additional Criminal Revocation of Access to Online Communication Devices for Perpetrators of Electronic-Based Sexual Violence Maskun; Nur Azisa; Muhammad Mutawalli Mukhlis; M. Aris Munandar; Arnita Pratiwi Arifin
Indonesian Journal of Criminal Law Studies Vol. 10 No. 2 (2025): Indonesia J. Crim. L. Studies (November, 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v10i2.23100

Abstract

Advanced technology and information create many new problems that conflict with the values of decency and applied law in society. One phenomenon that is currently occurring is electronic-based sexual violence. It shows that there is a new type of crime that takes advantage of access to online communication in the mass media. This act clearly violates the provisions of the law regulating criminal acts of sexual violence. Even though basic criminal sanctions have been regulated, there are still shortcomings in the regulations. There is a need for additional criminal sanctions for perpetrators of electronic-based sexual violence, known as revocation of the right to access online communication devices. This research uses normative legal research methods with a statute approach and case approach. This research will comprehensively examine criminal law policies and the urgency of additional criminal sanctions for handling electronic-based sexual violence crimes. This research aims to provide new legal prescriptions regarding the regulation of sanctions for perpetrators of sexual violence who use and utilize internet-based communication devices.
Reforming Justice for Digital Sexual Violence in Southeast Asia: Indonesia’s Legal Protection Framework and Regional Lessons Maskun; Muhammad Mutawalli Mukhlis; M. Aris Munandar; Syamsuddin Muchtar; Nur Azisa; Audyna Mayasari Muin; Arnita Pratiwi Arifin; Budiyanto
International Law Discourse in Southeast Asia Vol. 5 No. 1 (2026): January-June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v5i1.42711

Abstract

Digital sexual violence is escalating in Southeast Asia as social media, chat services, and cloud storage enable non-consensual recording, dissemination of intimate images, sexual threats, and technology-facilitated harassment. This article assesses Indonesia’s legal protection framework and draws regional lessons for reform. Using normative legal research with international human rights law and comparative legal study as its primary approaches, this article examines Indonesia’s criminal law policies and selected judicial decisions concerning electronic-based sexual violence under the Sexual Violence Criminal Acts Law (SVCA Law, Law No. 12/2022) and the Electronic Information and Transactions Law (EIT Law, Law No. 19/2016). The analysis finds that Indonesia has advanced by criminalizing electronic-based sexual violence under the SVCA Law, yet sanctions remain focused on imprisonment and fines, leaving gaps for effective deterrence when offenders repeatedly exploit online communication tools. A recent revenge-porn case illustrates judicial experimentation with internet-access restrictions and the countervailing legality principle. Comparative insights from Canada and Germany show that court-supervised digital restrictions can be structured as additional penalties, while regional experiences in Malaysia, Thailand, and Japan underscore the value of conduct-specific offences and safeguards. The article proposes amending the SVCA Law, as lex specialis, to authorize proportionate revocation or limitation of online-communication access, supported by clear criteria, review mechanisms, and consistent inter-agency monitoring to balance constitutional freedoms and human rights.
Co-Authors Audyna Mayasari Muin Budiyanto M. Aris Munandar M. Aris Munandar Maskun Maskun Muhammad Mutawalli Mukhlis Muhammad Mutawalli Mukhlis Nur Azisa Nur Azisa Syamsuddin Muchtar