ARTICLE
TITLE

Analysis of the Importance of Regulating Cyber Gender-Based Violence (KBGS) in Indonesia Based on the Perspective of Legal System Theory

SUMMARY

Cyber gender-based violence (KBGS) is a form of gender-based violence carried out partially or fully with information and communication technology. Currently, there are many cases of cyber gender-based violence (KBGS) that occur, but regulations regarding various forms of cyber gender-based violence (KBGS) have not been regulated comprehensively so they have not received proper handling. The purpose of this study is to determine the urgency of regulating cyber gender-based violence (KBGS) in the legal system in Indonesia through handling cases of cyber gender-based violence (KBGS) that occur. This research uses normative juridical law research methods using a statutory approach, a case approach and a conceptual approach. The results of this study show that various regulations related to cyber gender-based violence (KBGS), namely Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE Law), Law No. 44 of 2008 concerning Pornography, and Law No. 12 of 2022 concerning Sexual Violence Criminal Acts do not specifically and comprehensively regulate the form and handling to protect victims of cyber gender-based violence (KBGS). In the study of cyber gender-based violence (KBGS), namely the case of Baiq Nuril in Decision No.  265/Pid.Sus/2017/PN.Mtr, Cassation Decision No. 574 K/Pid.Sus/2018, and Review Decision No. 83 PK/PID. SUS/2019 shows that cases of cyber gender-based violence (KBGS) have not received justice in handling properly, and even tend to be able tore-victimize and criminalize victims. Based on considerations of legal structure, legal substance and legal culture, indicate that the legal system has not run well. Thus, there is a need for comprehensive regulation of cyber gender-based violence (KBGS).

 Articles related

Wang Cheng    

The bank's image is becoming one of the main competitive factors today. This factor is of particular importance in the field of banking services, because the success of the partnership “bank-client” depends, first of all, on the degree of trust of the cl... see more


Lisaras Rizki Akbariani,Mita Rosdiana Agustin,Niken Wahyuningtyas,Ratu Seffy Pertiwi,Repti Wilda Wiliyanti,Hieronymus Purwanta    

This research examines agrarian conflict in Banyuwangi from 1960-1965 due to land-reform policy. Research questions raised are (1) How happening conflict agriculture in Banyuwangi, (2) How the way conflict occurred, (3) groups or the parties involved in ... see more


Syarifuddin Syarifuddin,Zainal Ilmi,Doddy Adhimursandi    

The role of employees as bureaucratic apparatus is vital to achieving its goals optimally with employees who feel satisfaction and motivation to achieve organizational goals. In general, the government bureaucracy has not been effective in carrying out i... see more


Agus Eko Cahyono,Masrokhin Masrokhin    

This current study is directed to implement Disquisition based learning strategy in improving the students’ ability in writing descriptive text at the first year EFL college students of Universitas Islam Negeri Maulana Malik Ibrahim Malang. The English m... see more


Aziza Botirovna Musoyeva    

This article is devoted to the analysis of the test National System of Assessment of Foreign Language Proficiency, taking into consideration its importance on future foreign language teachers. It also concentrates on the requirements for foreign language... see more