SEXUAL HARASSION CRIMINAL LAW POLICY IN INDONESIA'S CRIMINAL LAW UPDATE

Munawwarah Munawwarah, Eko Soponyono

Abstract


Sexual harassment is a behavioral approach related to unwanted sex, including requests for sex, and other behaviors that verbally or physically refer to sex. In research using the theory of criminal law policy, legal certainty and criminal purpose. The results of the research on legal policies against perpetrators of sexual harassment are regulated in the Criminal Code and the Law on the Protection of Children and Women and the Pornography Act while for regions issued by Semarang Regency, regulated by Regional Regulations Semarang Regency No. 1 of 2015 concerning Empowerment and Protection of Women. In addition to the Regional Regulation, the Semarang Regency Government also regulates the duties of regional apparatuses governing the protection of women and children, namely the Semarang Regent Regulation No. 52 of 2016 concerning Position, Organizational Structure, Duties and Functions, Work Procedures, and Details of the Tasks of the Semarang Regency Regional Apparatus. The weakness of the current criminal law policy against sexual harassment is that the recognition of victims and perpetrators of only one sex has an impact on the neglect of rape victims of the other sex, and the absence of a definite definition of sexual abuse, rape or sexual harassment, so that various cases of sexual violence understood as rape. In each law enforcement agency has prepared special handling of sexual violence against women, while there is no available in cases of victims of sexual violence for adult men, this can cause many sexual deviations that occur. Criminal law policy towards sexual harassment in the renewal of criminal law in Indonesia through the Draft Law of the Criminal Code (RUU KUHP) of 2019, In this provision, rape is not only sexual intercourse with women outside of marriage against the will of the woman, rather it was expanded, including a man inserting his genitals into a woman's anus or mouth. The description of rape has also been viewed not only as sexual but also as a life-threatening crime, and the article does not describe victims or perpetrators of one sex, so that both men and women can be victims or perpetrators.
Key words: Policy, Criminal Law, Sexual Harassment




DOI: http://dx.doi.org/10.30659/jdh.2.3.%25p

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