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Research Paper | Law | Indonesia | Volume 10 Issue 6, June 2021 | Popularity: 5.2 / 10

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Urgency of Legal Protection for Victims of Online Gender-Based Violence in Indonesia

Sri Humana, Beniharmoni Harefa

Abstract: This study aims, firstly to analyze the obstacles faced and the efforts made in providing legal protection to victims of online gender-based violence, secondly to analyze law enforcement against victims of online gender-based violence, especially in protecting the rights of victims. The type of research used is normative juridical law research which is prescriptive with a statute, conceptual and case approach. The type of data used is secondary data. Legal protection for victims of online gender-based violence still does not have a clear regulation. It is very important to regulate the rights of victims, which are regulated in detail in the law. In the case of gender violence on social media, the regulation regarding legal protection for victims of crime, the Witness and Victim Protection Law only specifically regulates victims who can be given legal protection, namely victims of serious human rights violations, victims of terrorism crimes, victims of criminal acts trafficking in persons, victims of criminal acts of torture, victims of criminal acts of sexual violence, and victims of severe abuse. Therefore, it is necessary to revise the laws and regulations that have not regulated fairly the legal protection of victims of online gender-based crimes. Especially in Article 6 Paragraph (1) of the Law of the Republic of Indonesia No.13 of 2006 concerning the Protection of Witnesses and Victims, in addition to the rights as referred to in Article 5, victims are also entitled to a. medical assistance; and b. psychosocial and psychological rehabilitation assistance.? so that there are no misunderstandings and narrow understandings in its application, so that all victims of crime are entitled to medical assistance and psychosocial and psychological rehabilitation assistance if they really need this form of protection. In the legal process against cases of online gender-based violence used is Law of the Republic of Indonesia No. 19 of 2016 concerning Amendments to Law of the Republic of Indonesia No.11 of 2008 concerning Information and Electronic Transactions. However, this law still has many shortcomings because in its formulation there is still no gender perspective and there are still problems that arise from gender-based violence online that can hinder its handling. So it is necessary to have a penal policy that can be used in overcoming gender-based violence, namely by reforming the criminal law so that it can expand into the context of online gender-based violence in terms of fulfilling the rights of victims.

Keywords: Legal protection, victims, online gender-based violence, Indonesia

Edition: Volume 10 Issue 6, June 2021

Pages: 1119 - 1132

DOI: https://www.doi.org/10.21275/SR21611180827

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