Formulation Of Regulations For The Criminal Act Of Verbal Catcalling Sexual Harassment Based On Justice Values

Abstract

As an act that violates decency, catcalling often escapes public attention because it commonly occurs spontaneously. Many people in Indonesia are unaware that they can become either victims or perpetrators of catcalling due to the lack of understanding of this phenomenon. An essential element in determining whether an action constitutes harassment is the presence or absence of consent. The purpose of this research is to examine and analyze the regulation of verbal sexual harassment (catcalling) in Indonesia's positive law, which has not yet reflected principles of justice, as well as to examine and analyze the ideal formulation of regulations on verbal sexual harassment based on the value of justice in future criminal law reforms. The research method used in this legal study is normative juridical. Normative juridical research focuses on analyzing the application of legal norms or rules within the existing legal framework. Catcalling is a form of verbal sexual harassment that undermines dignity and personal security, yet it has not been explicitly regulated in Indonesian law, resulting in weak and inconsistent enforcement. Various provisions in the Criminal Code, the Pornography Law, and the Sexual Violence Crime Law (UU TPKS) have yet to specifically encompass the non-physical but sexually charged nature of catcalling. Major obstacles arise in proving the offense, the absence of detailed examples, and the heavy burden of evidence placed on victims. Other countries such as France, Belgium, and the Philippines have explicitly regulated catcalling through clear definitions, graduated sanctions, and rapid enforcement mechanisms. Indonesia could adopt similar models by establishing detailed regulations, proportional sanctions, accessible reporting mechanisms, and victim support to achieve a fairer and more effective protection system.