The Urgency of Regulating Sexual Extortion in Online Gender-Based Violence from a Criminal Law Perspective
DOI:
https://doi.org/10.38035/jlph.v5i1.867Keywords:
Sexual Blackmail, Online Gender-Based Violence, Criminal LawAbstract
With the increasing types and forms of Online Gender-Based Sexual Crimes (OGBSC) in this modern era, especially through sexual extortion, it raises the question of whether sexual extortion in OGBSC should still be categorized as extortion. Given that sexual extortion is closely related to the crime of disseminating intimate content through the internet, it is necessary to analyze the legal basis used to criminalize perpetrators of sexual extortion who disseminate intimate content on cyberspace. This paper discusses the Legal Problems of Sexual Extortion with the Motive of Threats of Dissemination of Intimate Content in Indonesia and the Urgency of Regulating Sexual Extortion in Online Gender-Based Violence from a Criminal Law Perspective. The research method uses normative legal research. The results of the study show that cases of sexual extortion in Indonesia related to the dissemination of intimate content due to the perpetrator's threats being ignored, such as in Decision Number 182/Pid.B/2018/PN.Smn and Number 56/Pid.Sus/2019/PN.Mks., both criminalize the perpetrator's actions in disseminating intimate content belonging to the victim, because the victim did not fulfill the perpetrator's wishes in the form of an invitation to marry and money, but the Public Prosecutor or judge ignored the extortion committed by the perpetrator, but only punished the perpetrator with the article on the act of disseminating intimate content and the article on threats of violence or intimidation. So the government needs to improve the articles in the Crime of Sexual Violence Law regarding electronic-based sexual violence, by adding the main crime of sexual extortion.
References
Arabiyah, S., & Wagner, I. (2023). Strategy for Developing Legal Aid Institutions as Access to Justice. Journal of Indonesian Legal Development, 5(3), 389–410.
Bahri, IS (2023). Cyber crime in the spotlight of criminal law (2023 Edition). Yogyakarta: Bahasa Rakyat.
Christian, JH (2020). Sextortion: Online gender-based violence in the Indonesian legal paradigm. Binamulia Hukum, 9(1), 84.
Handoko, D. (2015). Criminalization and decriminalization in the field of copyright. Pekanbaru: Hawa and Ahwa.
Hartney, T. (2018). Likeness used as bait in catfishing: How can hidden victims of catfishing reel in relief. Minnesota Journal of Law, Science and Technology, 19(1), 281.
Helmawati, H. (2018). Improving Indonesian Women's Education through Optimizing the Majelis Ta'lim. Insancita, 3(1), 65–88.
Joint Decree of the Attorney General and the Chief of the Republic of Indonesia Police issued Joint Decree No. 229 of 2021, No. 154 of 2021, No. KB/2/VI/2021 concerning Guidelines for the Implementation of Certain Articles in Law Number 11 of 2008 which has been Amended by Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.
National Commission on Violence Against Women. (2022). Shadow of stagnation: Prevention and handling capacity compared to the increasing number, variety and complexity of gender-based violence against women: Catahu 2022: Annual notes on violence against women in 2021. Jakarta: National Commission on Violence Against Women.
Kusuma, E., & Veda, JA (2020). (Threatened) intimate content is spread, what should I do? A quick guide to dealing with the spread of non-consensual intimate content. Denpasar: SAFEnet.
Ninik Rahayu. (2021). Legal politics of eliminating sexual violence in Indonesia. Jakarta: Bhuana Ilmu Populer Group Gramedia.
O'Malley, R.L., & Holt, K.M. (2022). Cyber sextortion: An exploratory analysis of different perpetrators involved in a similar crime. Journal of Interpersonal Violence, 37(1-2), 258-283.
Rahmawati, M. (2021). Examining problematic articles in the ITE Law Article 27 (4) concerning extortion and threats. Jakarta: Institute for Criminal Justice Reform (ICJR).
Rathod, S., Kumar, A., & Jain, S. K. (2022). Cyber psychological case studies of sextortion for identifying the accused in the offenses committed on social media. International Journal of Scientific Research in Computer Science, Engineering and Information Technology, 8(1), 42-52.
Robbins, A. (2019). Solving the sextortion puzzle: Piecing together a model state sextortion statute. Valparaiso University Law Review, 53(3), 76.
Saeful Bahri, I. (2023). Cyber crime in the spotlight of criminal law (2023 Edition). Yogyakarta: Bahasa Rakyat.
Samudra, AH (2019). Modus Operandi and Problems in Handling Online Fraud Crimes. Jurnal Mimbar Hukum, 31(1), 59–74.
Subawa, IBG (2021). Criminal liability of perpetrators and victims of sextortion of video call sex (VCS) activities reviewed from the perspective of positive Indonesian law. Yusthima: Journal of the Master of Law Study Program, FH Unmas Denpasar, 1(1), 25-26.
Sururi, A. (2018). Analysis of the Formulation of Regulatory Simplification Instruments towards an Integrated and Harmonious Legal Order. Adjudication: Journal of Legal Science, 1(2), 15–26.
Suryokumoro, H. (2020). Actualization of Immigration Functions in Security Aspects as an Integral Effort to Handle the Covid-19 Pandemic in Indonesia. Sasi, 26(4), 447.
Taprial, V., & Kanwar, P. (2012). Understanding social media. [SL]: BookBoon.
Criminal Code [Wetboek van Stafrecht], translated by Moeljatno. (2003). Jakarta: Bumi Aksara.
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