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LEGAL REFORM IN ADDRESSING SEXUAL VIOLENCE IN INDONESIA

2024; UNIVERSIDADE FEDERAL DA BAHIA; Linguagem: Inglês

10.9771/rds.v6i2.63279

2675-3596

Christina Maya Indah Susilowati, Mardian Putra Frans,

Gender and Women's Rights

The Indonesian Penal Code, a remnant of Dutch colonial rule from two centuries ago, is no longer applicable. Physical sexual harassment is a component of sexual violence. Previously understood as purely physical violence, sexual harassment has evolved into physical, sexual harassment stemming from psychological violence due to power dynamics and grooming. However, in the formulation of criminal law under Law No. 12 of 2022, particularly regarding physical and sexual harassment arising from the abuse of power, authority, trust, or influence gained through deceit or exploitation of vulnerability, inequality, or dependence, there remains ambiguity. The legal consequences of this unclear interpretation are rooted in the confusion surrounding the meaning of power relations, which gives rise to the narrative of grooming in sexual violence cases. This ambiguity in interpretation, coupled with the uncertainty of law enforcement, reduces the essence of substantial justice, especially for victims, and results in injustice for those seeking legal redress. This study adopts a conceptual approach and hermeneutical interpretation to explore the meaning of power relations and grooming in cases of sexual violence. Gender inequality and social constructs influence these interpretations, aiming to produce an authentic understanding of the power dynamics and grooming that lead to physical sexual harassment.