A juncture has now been reached wherein information technology has become an intrinsic part of nearly all activities.
However, the development of information technology does not always have a positive impact on people. Quite akin to a double-edged sword, technology can also pose harm.
One of the aspects of technological development that one needs to watch out for is gender-based sexual crimes that often occur in Indonesia and other countries in the world, with children and women generally being the victims.
The perpetrators intentionally use technological advancements for their actions that harm the victims.
According to a report or data received by the National Commission on Violence against Women (Komnas Perempuan), a significant spike in the number of gender-based sexual crimes in cyberspace was recorded during the period from 2017 to 2021.
Head of Komnas Perempuan recorded that during that period, the number of cases of gender-based sexual violence drastically rose up to 108 times.
This proves that crimes in cyberspace are becoming increasingly frequent. This shows that cyberspace is neither fully safe nor friendly, especially for children and women, who often fall victims.
At the global level, the United Nations (UN) had also highlighted cases of gender-based sexual violence.
General Recommendation No. 35 of 2017 stated that gender-based violence against women had increased in a similar manner, including through the use of information technology media.
Specifically for Indonesia, Komnas Perempuan, in 2021, formulated the definition of gender-based cyber violence by adopting the definition that the UN and other institutions had issued.
The commission concluded that gender-based cyber violence is every gender-based action undertaken, supported, or exacerbated partially or entirely due to the use of information and communication technology.
This action targets women as victims or disproportionately affects them or causes them to experience misery physically, sexually, or psychologically.
This also includes the threat of action in the form of coercion or deprivation of liberty, whether it occurs in the public space or the victims' private life.
In 2020, the commission issued several recommendations, including the suggestion to integrate gender-based sexual violence into the regulation draft.
This recommendation was born over the consideration that criminals can use information technology to commit technology-based sexual violence.
During that period, the commission encouraged the recommendation to be integrated into several regulations.
These comprise the Crime of Sexual Violence Bill (RUU TPKS), including the Personal Data Protection (PDP) Bill, Electronic Information and Transaction Law (ITE) revision, and draft Criminal Code (RKUHP).
The efforts by Komnas Perempuan and several non-governmental organizations yielded a positive result in which various forms of electronic-based sexual violence are included in the UU TPKS, specifically in Article 4, Point (1).
These sexual crimes comprise non-physical sexual harassment, physical sexual harassment, forced contraception, forced sterilization, forced marriage, sexual torture, sexual exploitation, sexual slavery, and electronic-based sexual violence.
In detail, Article 14 of UU TPKS highlighted three actions that are considered as electronic-based sexual violence.
First, recording and/or taking pictures or screenshots with sexual content without the approval of the person, who becomes the object of recording.
Second, transmitting electronic information and/or documents with sexual content against the will of the person, who becomes the object of the said information and/or document.
Thirdly, using electronic system to stalk a person, who becomes the object within the electronic information or document for sexual purpose.
Those found committing these three actions can be convicted with a maximum imprisonment of four years and/or be slapped a fine of Rp200 million.
Point (2), Article 14 of UU TPKS also stated that if these actions are undertaken to blackmail, threaten, coerce, or manipulate someone, then the perpetrators will be sentenced to a maximum imprisonment of six years.
Moreover, the perpetrators have to pay up to Rp300 million in fine.
Prevention
The high number of electronic-based sexual violence crimes have become a cause for concern for the population, especially children and women, who are categorized as the vulnerable group. Thus, several parties should promptly undertake preventive efforts.
An example of such efforts include having the central and regional governments organize quick and integrated steps to prevent sexual violence.
Moreover, the prevention of sexual violence, as stipulated in Point (1) is conducted through several fields that include education, family, religion, public facilities and infrastructure, government, and institutional governance.
They also include economic, employment, social welfare, culture, and information technology sectors.
To expand its knowledge of electronic-based sexual violence prevention, Komnas Perempuan attempted to gain an understanding of this crime in seven countries, including on ways to handle it.
These seven countries comprise Germany, Australia, India, South Korea, Pakistan, the UK, and Philippines. The study was undertaken through literature research on electronic-based sexual violence.
The focus of the study is case handling comparison, recovery mechanism, and electronic-based sexual violence prevention strategy.
The research found several facts on electronic-based sexual violence or crime in various countries.
In Germany, actions, such as stalking, harassing, threatening, abusing, and insulting undertaken in the digital space, are handled within the general crime law.
While there are no specific laws that stipulate this, Germany had ratified the Act of Improve Enforcement of the Law Social Networks in 2017.
The law mandates social media companies to remove contents considered to violate the law in the country.
If they are deemed to not be systemic enough in handling this issue, they would be fined up to 50 million Euros.
Meanwhile, in the UK, electronic-based sexual violence cases are stipulated within three laws that essentially dictate intimidation, harassment, and stalking.
In addition, the UK formed a program named National Helpline UK that has received more than seven thousand reports on electronic-based sexual violence.
Unfortunately, from the thousands of complaints lodged through the program, not all are responded to by the local police authorities nor do they accurately handle victims.
Moreover, the police has limited understanding of the Revenge Porn Law, and law enforcers lack the required confidence in investigating cases and handling victims effectively.
Handling cyber-based sexual violence cases by relying on a legal umbrella alone would appear to be insufficient if it is not coupled with an effective reporting, handling, and penalizing system.
This is because several regulations within a law that concern the digital space can potentially criminalize victims of violence, restrict free speech, and be used by the people in power to silent the opposition.
Lastly, the handling and prevention of electronic-based sexual violence cases will be effective if it involves several parties, such as journalists and non-governmental organizations.
Dissemination of information on the legal umbrella and handling flow as well as information on violence should be able to help women recognize the signs and report them easily.
In future, the birth of UU TPKS is expected to anticipate all types of sexual violence that occur in the digital space and other places as soon as possible.
Creating a safe, healthy, and comfortable digital space is the state's responsibility to the people.
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Editor: Rahmad Nasution
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