PERLINDUNGAN HUKUM TERHADAP KORBANTINDAK PIDANA PELECEHAN SEKSUAL DALAM PENEGAKAN HUKUM DIINDONESIA DITINJAU DARI PASAL 5 UNDANG-UNDANG NOMOR 31 TAHUN2014

Authors

  • Intan Puspita Sari Fakultas Hukum, Universitas Pamulang
  • Nadha Aminah Talitha Fakultas Hukum, Universitas Pamulang
  • Firly Asmi Nassaid Fakultas Hukum, Universitas Pamulang

Abstract

Harassment is often perceived as deviant behavior, because the act forces someone to engage in a sexual relationship or establishes someone as an object of unwanted attention. That is, sexual harassment can be in the form of indecent behavior, such as touching vital body parts, and it can only be in the form of words or questions that are indecent. While the person who is the object of the touch or statement does not like it. This case of sexual harassment involving someone is of course interesting to raise at this time. The aim of this research is to find out the background of the causes of the occurrence of criminal acts of sexual harassment in Indonesia, law enforcement against perpetrators of criminal acts of sexual harassment in Indonesia, the perspective of legal protection given to victims of sexual harassment in Indonesia. Sexual harassment is an act that violates society's values, but there is no law that specifically regulates the crime of sexual harassment in this case, because the law does not specifically regulate criminal acts. Which can be dangerous for victims of criminal sexual harassment, especially women. Many women are victims of sexual harassment. To achieve this constitutional immunity, the government has also endeavored to provide true legal protection through preventive and repressive measures. The nature of the research used is analytical descriptive using normative juridical research, using secondary data. Then all data and information is processed using qualitative data analysis. Based on the results of the research, it is known that the facts of cases of sexual harassment in Indonesia are varied, as sexual harassment often occurs to women who are victims of it. Law enforcement against victims of criminal acts of sexual harassment in Indonesia is by providing a portion of law enforcement that distinguishes between perpetrators of crimes and victims of criminal acts of sexual harassment. The perspective of legal protection given to victims of sexual harassment in Indonesia is that victims have the right to be protected both before the trial is carried out, while being carried out they are entitled to their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2014. 2006 concerning the Protection of Witnesses and Victims, as well as the right to receive medical assistance, rehabilitation, compensation and restitution.

 

Keywords: Legal Protection, Victims, Sexual Harassment.

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Published

2023-03-23