Consistency of Criminal Sanctions Regulations in Protecting Women Victims of Non-consensual Pornography Content Dissemination

Abstract

The law is enacted to protect the rights. Along with technological developments, the scope of legal protection certainly needs to be expanded. Resolution of the Human Rights Council dated July 1, 2016, Number 32/13, concerning the Promotion, Protection, and Enjoyment of Human Rights on the internet, that individual rights must be protected offline and online. At present, there are many cases of electronic-based sexual violence, also known as Online Gender-Based Violence. One of the many forms of action that occurs is the spread of pornographic content without the consent of the person who is the object of the recording or shooting (Non-Consensual Distribution of Intimate Images/NCDII). In Indonesia, Law Number 12 of 2022 concerning Crimes of Sexual Violence has been enacted, but when the NCDII case occurred, women who were victims were not protected legally. Often, women are considered as parties involved in the manufacture of immoral goods, so they are subject to criminal sanctions. This paper is a result of normative juridical research, specifically analytical descriptive research. This research uses statute and conceptual approaches, using legal materials such as regulations and legal theories. This research concludes that there is no common understanding between the public and law enforcers that in cases where pornographic content is spread without consent, women are in the position of victims. Protection for victims is still difficult to obtain because the regulations that are currently in force do not specifically state that disclosing content without the consent of the depicted person is a crime.