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1. Laws governing sexual violence

- Crime of Sexual Violence

The crime of sexual violence in Indonesia is regulated in Law No. 12 /2022 where in Article 1 number
1 of Law No. 12/2022, the Crime of Sexual Violence is defined as any act that complies with the
elements of a criminal offense as regulated in this law and other acts regulated in the law to the
extent of the crime of sexual violence.

Based on the above definition, it can be seen that what is meant by the crime of sexual violence is
all forms of criminal acts regulated in Law Number 12/2022 and other criminal acts declared as
criminal acts of sexual violence regulated in other statutory provisions.

- Types of Crimes of Sexual Violence according to Law No. 12 of 2022

The types of criminal acts of sexual violence are regulated in Chapter II on Criminal Acts of Sexual
Violence Article 4 paragraph (1) of Law Number 12 of 2022 on Criminal Acts of Sexual Violence.
Based on these provisions, the types of criminal acts of sexual violence are as follows:

The types of criminal acts of sexual violence are regulated in Chapter II on Criminal Acts of Sexual
Violence Article 4 paragraph (1) of Law Number 12 of 2022 on Criminal Acts of Sexual Violence.
Based on these provisions, the types of criminal acts of sexual violence are as follows:- In addition,
other types of criminal acts of sexual violence are contained in Article 4 paragraph (2) of Law
Number 12 of 2022, namely:

a. Rape;

b. Obscene acts;

c. Copulation of a child, obscene acts against a child, and/or sexual exploitation of a child;

d. acts that violate decency against the will of the Victim;

e. pornography involving Children or pornography that explicitly contains violence and sexual
exploitation;

f. forced prostitution;

g. criminal acts of trafficking in persons intended for sexual exploitation;

h. sexual violence within the scope of the household;

i. money laundering crime whose original criminal offense is Sexual Violence Crime; and

j. other criminal offenses that are expressly stated as Criminal Offenses of Sexual Violence

as stipulated in the provisions of laws and regulations.

- The regulation of the types of criminal acts of sexual violence above is regulated firmly and clearly
with the aim:

a. to prevent all forms of sexual violence;

b. to handle, protect and restore victims;

c. to carry out law enforcement and rehabilitate perpetrators;

d. to create an environment without sexual violence; and

e. to ensure the non-recurrence of sexual violence.

In our opinion, sexual harassment is any behavior with explicit or implicit sexual connotations that
makes the victim feel disturbed, afraid and uncomfortable. Why is this so because sexual
harassment does not only occur due to physical touch but verbal actions can also be classified as
sexual harassment, such as cat calling is also classified as sexual harassment because it can affect the
victim's psychology such as

- Feeling anxious

- Experiencing depression

- Hurt yourself,

This of course can harm the victim, therefore sexual harassment is not only said to be harassment
when physical contact occurs.

How certain countries deal with sexual violence

The actions of countries in dealing with sexual violence are different, for example between Indonesia
and Malaysia, these two countries have their own ways of dealing with sexual violence, for example
in cases of rape.

Persamaan

No Persamaan Indonesia Malaysia

1. Perkosaan dengan kekerasan atau ancaman kekerasan Diatur dalam Pasal

285 Diatur dalam Pasal 376

2. Perkosaan dengan anak dibawah umur (perempuan yang belum mampu untuk dikawini)
Diatur dalam Pasal 287 Diatur dalam Pasal 376

Perbedaan

No Perbedaan KUHP IndonesiaMalaysia Penal Code

1. Perkosaan meng- gunakan benda Tidak diatur Diatur pada Pasal 377CA

2. Unsur-unsur per- setujuan perkosaan Tidak ada unsur-unsur Ada unsur

persetujuan persetu- juan korban (tetapi diperoleh dari ancaman kepada korban)

3. Sanksi pidana Hukuman penjara hukuman penjara dan cambuk

4. Lama hukuman pidana Maksimal 12 tahun Minimal 8 tahun hingga maksimal

30 tahun