“SEXUAL HARASSMENT OF WOMEN”

Disusun Oleh :

Eka Candra Permana (19103040008)

Sri Rahmawati Dewi (19103040027)

Nur Aisa (19103040030)

Hajar Zidni Hidayah (19103040034)

Galih Tadhakara Yekti (19103040040)

PROGRAM STUDI ILMU HUKUM

FAKULTAS SYARIAH DAN HUKUM

STATE ISLAMIC UNIVERSITY SUNAN KALIJAGA

YOGYAKARTA

2019
 PREFACE

Assalamulaikum Wr. Wb.

First of all, thanks to Allah SWT because of the help of Allah, writer

finished writing the paper entitled “Sexual Harrasment of women” right in the

calculated time. The purpose in writing this paper is to fulfill the assignment that

given by Mrs. Ro’fah, M.A., Ph.D. as the end-semester examination.

In arranging this paper, the writer truly get lots challenges and obstructions

but with help of many individuals, those obstructions could passed. Writer also

realized there are still many mistakes in process of writing this paper.

Because of that, the writer says thank you to all individuals who helps in

the process of writing of this paper. Hopefully Allah SWT replies all helps and

bless you. The writer realized that this paper still imperfect in arrangement ad the

content. Then the writer hope critism from the readers can help the writer in

perfecting the next paper. Last but not least, hopefully this paper can helps the

readers to gain more knowledge about sexual harassment.

Wassalamualaikum Wr. Wb.

Yogyakarta, Desember 10 2019

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 Author

TABLE OF CONTENT

PREFACE..............................................................................................................................1

TABLE OF CONTENT.........................................................................................................4

CHAPTER I (INTRODUCION)...........................................................................................3

CHAPTER II (THEORY AND DISCUSION).....................................................................4

2.1. Introduction about sexual harassment.............................................................................4

2.2. Problem and forms of sexual harassment........................................................................4

2.3. Impact of sexual harassment...........................................................................................7

2.4. Legality of sexual harassment in Indonesia....................................................................8

2.5. Solution of sexual harassment........................................................................................9

CHAPTER III.......................................................................................................................11

3.1. Conclution.....................................................................................................................11

3.2 Suggest...........................................................................................................................11

REFERENCES.....................................................................................................................12

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 CHAPTER I

INTRODUCTION

Chastity and sexual harassment are two forms violation of decency which

is not alone just national legal problem a country but already problem of all

countries in the world or global problem. Actors of decency and sexual

harassment not dominance from middle or low economic people or not educated

at all, but rather they already very well educated.

The majority of people are become a victim of violent crime are women.

Many sensitive problems happen on women, imcluding crime sexual assault and

sexual harassment, both in terms of murder, rape, persecution other than what has

alredy been mentioned above. Women often become victims of sexual crime.

Sexual harassment basically is a reality that is in the current society that

follow violence against women a lot and often happens everywhere, as well as

violence / harassment especially sexual rape. Violence towards womens is an act

that is not very humane, even tough women have the right to enjoy and obtain

protection of human rights dan fundamental freedoms in all feeds.

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 CHAPTER II

THEORY AND DISCUSION

2.1. Introduction about sexual harassment

Sexual harassment is a type of harassment technique that relates to a

sexual nature and the unwelcome or inappropriate promise of rewards in exchange

for sexual favors. Sexual harassment includes a range of actions from mild

transgressions to sexual abuse or assault. Harassment can occur in many different

social settings such as the workplace, the home, school, churches, etc. Harassers

or victims may be of any gender. 1

2.2. Problem and forms of sexual harassment

According to the National Commission for Women, sexual harassment

refers to acts of sexual nuance that are conveyed through physical or non-physical

contact. Basically when it comes to physical sexual violence, the key word is

when someone feels uncomfortable when they don't want it

At this time harassment on public transportation is increasingly rife. See a

phenomenon that threatens the safety of these women. Based on research released

by JFDG November 2018 to find out the level of sexual harassment on public

transportation in Jakarta, from 470 responses and as many as 35.9 percent had

experienced cases of sexual

1
Wikipedia, “Sexual Harrasment”, diakses dari https://en.wikipedia.org/wiki/Sexual_harassment,
pada tanggal 11 November 2019

4
 In some cases, sexual harassment is obvious and may involve an overt action,

threat, or reprisal. In other instances, sexual harassment is subtle and indirect, with

a coercive aspect that is unstated. Some examples include the following:

 Sexual harassment can occur between persons of equal power status (e.g.,

student to student, staff to staff) or between persons of unequal power status (e.g.,

faculty member to student, coach to student-athlete). Although sexual harassment

often occurs in the context of the misuse of power by the individual with the

greater power, a person who appears to have less or equal power in a relationship

can also commit sexual harassment.

 Sexual harassment can be committed by (or against) an individual or by

(or against) an organization or group.

 Sexual harassment can be committed by an acquaintance, a stranger, or

people who shared a personal, intimate, or sexual relationship.

 Sexual harassment can occur by or against an individual of any sex,

gender identity, gender expression, or sexual orientation.

 Examples of behavior that might be considered sexual harassment include, but

are not limited to:

 Unwanted sexual innuendo, propositions, sexual attention, or suggestive

comments and gestures; inappropriate humor about sex or gender-specific traits;

sexual slurs or derogatory language directed at another person’s sexuality, gender,

gender identity, sexual orientation, or gender expression; insults and threats based

on sex, gender, gender identity, sexual orientation, or gender expression; and

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 other oral, written, or electronic communications of a sexual nature that an

individual communicates is unwanted and unwelcome.

 Written graffiti or the display or distribution of sexually explicit drawings,

pictures, or written materials; sexually charged name-calling; or the circulation,

display, or creation of e- mails, text messages, or websites of a sexual nature.

 Display or circulation of written materials or pictures degrading to an

individual or gender group where such display is not directly related to academic

freedom or to an educational/pedagogical, artistic, or work purpose.

 Unwelcome physical contact or suggestive body language, such as

touching, patting, pinching, hugging, kissing, or brushing against an individual’s

body.

 Physical coercion or pressure of an individual to engage in sexual activity

or punishment for a refusal to respond or comply with sexual advances.

 Use of a position of power or authority to: (1) threaten or punish, either

directly or by implication, for refusing to tolerate harassment, for refusing to

submit to sexual activity, or for reporting harassment; or (2) promise rewards in

return for sexual favors.

 Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility

based on sex or sex-stereotyping.2

2
Sintya, “Yuk, Kenali Jenis Pelecehan Seksual Berdasar Kategori dan Perilakunya”, diakses dari
https://www.shopback.co.id/blog/jenis-pelecehan-seksual, pada tanggal 12 November 2019

6
2.3. Impact of sexual harassment

Some of the effects or impact below are not always easy to handle, but

with te righthelp and support, they can be managed well. Studying deeper can

help you find the best form of treatment to begin the healing process.

a. Depression is a common and serious medical illness that negatively

affects how you feel, the way you think and how you act. Depression

cause feelings of sadness and or a loss of interest in activities once

enjoyed. It can lead to a variety of emotional and physical problems

and can decrease a person’s ability to function at work and at home.

It’s normal for crime victims to feel sad, angry, unhappy, and hopeless.

Depression and self-pitying are serious mental health issues and are

not a sign of weakness. And neither does anything that is expected to

heal it self as easily as a turn of the hand.

b. Rape Trauma Syndrome or RTS is related to post-traumatic stress

disorder but is ore specific to sexual assault. RTS describes symptoms

of trauma including disruptions to normal physical, emotional,

cognitive and interpersonal behavior.

c. Hypoactive sexual desire disorder is a medical condition that signifies

low sexual desire. It’s also commonly called sexual apism or sexual

aversion.

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 d. Dyspareunia is painful sexual intercourse due to medical or

psychological causes. This condition can strike men, but more

frequently found in woman.3

2.4. Legality of sexual harassment in Indonesian

The main problem is related to the legal center regarding the absence of

law that specifically provides protection for women who are victims of such

violence. Even the term violence against women is unknown in Indonesian law,

although the facts of this case are widespread in Indonesia. In the current Penal

Code, several cases classified as violence against women can indeed be covered

by criminal articles but are limited to general criminal acts (male or female

victims) such as decency, rape, torture, murder etc. This crime is formulated in a

narrow sense (very limited), although there is a criminal burden (sanctions) if it is

done in a family relationship such as against a mother, wife, children.

Acts of violence against wives are criminal acts. This has been

regulated in articles 351 to 356 (1) of the Criminal Code. One of the conclusions

of this article is that if harassment is committed against a close relative / person

who is supposed to be protected, then the sentence is added to one third of the

total sentence if the harassment was committed against someone else. In addition,

in the case of underage wife (female) (16 years), then if a man (her husband)

3
Tower,Cynthia Crosson, Understanding Child Abuse And Neglect.(Boston: Allyn and
Bacon, 2002)

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causes injury in the process of sexual relations then the husband can be charged

with violating article 288 of the Criminal Code.

Another form of violence against women is sexual harassment. There is no

law specifically regulating sexual harassment. But in the Criminal Code there are

provisions about obscene acts, the meaning of which is acts that violate decency

(decency) or heinous acts that occur in the environment of sexual lust. These

articles include:

Article 281 of the Criminal Code

1. Whoever intentionally corrupts politeness in public;

2. Whoever deliberately destroys decency on the face of others whose

presence there is not of his own volition4

2.5. Solution of sexual harassment

Most of the women had weak and helpless characters its attached with
theirselves. And with that characters, oftenly the women get underestimeted with
much of guy. And the trennding one of the news as much as we know is sexual
harassment case that experienced on the women. This incident we can find
everywhere, but oftenly experienced on the public place such as market, street,
office ect or public transportation such as at the train, busway, plane, or online
transportation. But, this incident cannot be allowed to continue, because after all
the women have the right to be able to live safely and respected.5

4
Syamsir Firdaus, “Pandangan Hukum Indonesia Terhadap Kekerasan Terhadap Perempuan”,
diakses dari https://bunghatta.ac.id/artikel-227-pandangan-huku-indonesia-terhadap-kekerasan-
terhadap-perempuan.html, pada tanggal
5
Nicola Health, “Are women only spaces the solution to sexual assault?”, diakses dari
https://www.sbs.com.au/topics/voices/culture/article/2016/06/20/re-women-only-spaces-
solution-sexual-assault, pada 21 November 2019

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 Here are some solutions that can be applied to prevent sexual harassment :

 The goverment must be strict in implementing the rules for the

perpetrators of sexual harassment crime. Because, as we know now, that
much of the perpetrators of sexual harassment get a punishment that is not
commensurate with the crime they have commited. And then its not fair
for the victims. After all, with the weak rules for perpetrators of sexual
harassment crime in Indonesia, that make the perpetrators feel so safely to
do their action anymore.
1. The women must be alert wherever they are. Because, they dont know the
danger lurk them. And if the incident sexual harrisment crime
expetrienced on women, they may to fast report it to the nearest security
office. Then the officer can to take action as fast as can do. And dont be
silent on the incident, because that make the perpetrators feel safely. Then
they havent got the punnishment for they crime. Becuase it will prevent
sexual harassment from happening again and reduce the number of
victims.
 The women must to protect theirselves for keep away the sexual crime.
When the perpetrator want to do their action must for mowen to keep
theirselves. Its can by learning self-defence. Because, when the women not
do something to fight, then the perpetrator will do what they want.
 Avoid averything can to provoke crime, such as wearing short dress.
Because the perpetrator more like to tease the women who wear short
dress than women who wear closed dress. And dont to walk alone at quiet
street. Because its the most danger place. And oftenly sexual harrisment
crime expetrienced on the quiet place6

6
Gema Holliani Cahya, “Sexual Harrasment on public transportation in Indonesia second only on
the street: survey”, diakses dari https://www.thejakartapost.com/news/2019/11/30/sexual-
harrasment-on-public-transportation-in-indonesia-second-only-to-on-the-street-survey.html,
diakses pada 21 November 2019

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 CHAPTER III

3.1. Conclution

Sexual violence is more difficult to resolve than violence against women

because it is often connected with the concept of community morality. Women are
considered as symbols of purity and honor, so they are then seen as a disgrace
when experiencing sexual violence, such as rape. Victims are also often blamed
for causing sexual violence. This makes women victims are often silent.

We must always be vigilant and help each other in overcoming a problem.

We must also be brave to report if we become one of the victims in humanitarian
matters. By reporting, we indirectly participate in reducing crime in humanity,
especially sexual violence that is common in Indonesia. And the main thing is we
have to protect each other. Therefore, all people in Indonesia can live safely,
calmly and peacefully.

3.2. Suggest

We are as the writer want to apology for the shortage of this paper. We
know that this paper is still far from perfect. So that we need the suggest from the
reader for the perfection of the paper. Thank you so much for the reader.

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 REFERENCES

https://www.google.com/amp/s/hellosehat.com/hidup-sehat/psikologi/trauma-

akibat-kekerasan-seksual/amp/

https://www.trincoll.edu/TitleIX/Definitions/Pages/Harassment.aspx

https://m.atmajaya.ac.id/web/Konten.aspx?gid=highlights&cid=5-Cara-

Mengatasi-Pelecehan-Seksual-Kita-Perempuan-Kita-Berani

https://www.halodoc.com/5-cara-menghadapi-pelecehan-seksual

https://bunghatta.ac.id/artikel-227-pandangan-hukum-indonesia-terhadap-

kekerasan-seksual-terhadap-perempuan.html

Tower,Cynthia Crosson.2002. Understanding Child Abuse And Neglect. Boston: Allyn and

Bacon

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