Quid Pro Quo Sexual Harassment Involving an Employee Through Staycation Modus

Sexual harassment is behavior that approaches related to unwanted sex, including the demand for sex, and other behaviors being verbally or physically refer to sex. In studies using the theory of criminal law policy, legal certainty and legal policy research law enforcement. The result of goal against sexual offenders stipulated in the Penal Code and the Child Protection Act and women and Pornography Law issued regulations while for the area of Semarang District, is regulated by Regional Semarang District Number 1 of 2015 About the Empowerment and Protection of Women. In addition to the regulation, Semarang District Government also set about the task area devices pertaining to the protection of women and children namely Semarang Regent Regulation Number 52 Of 2016 on Positions, Organizational Structure, Duties and Functions, Work Procedures, and details of the regional Task Semarang regency. The weakness of criminal law policy against sexual harassment at this time that the recognition of the victim and the offender only from one specific sex which affects the exclusion of rape victims of the other sex, and the absence of an exact definition of sexual abuse, rape or sexual abuse, so that the diversity of cases of sexual violence understood as rape. In any law enforcement agencies have set up special treatment for sexual violence against women, whereas there is nothing available in the case of victims of sexual violence for men, this can lead to many sexual deviations that occur. Criminal law policy against sexual harassment in the reform of criminal law in Indonesia through the Bill the Code of Penal (Criminal Code draft) 2019, In these terms, rape is not just intercourse with a woman outside of marriage against the will of the woman, but rather expanded, including male insert his penis into the anus or mouth of a woman. Description of rape also in view of not just as sexual but also as a life-threatening crime, and in the abovementioned article does not describe the victim or the perpetrator of a particular gender. Key words: Policies; Criminal Law; Sexual Harassment.

The enactment of Law Number 1 of 2023 concerning the National Criminal Code (KUHP) marks a historic moment in Indonesian criminal law politics. This regulation represents a "decolonial" effort to replace the Dutch-inherited Criminal Code (Wetboek van Strafrecht) with a criminal law system rooted in the Pancasila philosophy and Indonesian values. The most fundamental change lies in the shift in the sentencing paradigm, from one originally oriented towards retributive justice (retribution) to an approach that balances corrective, rehabilitative, and restorative justice. This new approach aims to redefine the relationship between the state, perpetrators, and victims, with a focus on recovery. This study aims to analyze the new direction of Indonesian criminal law politics following the enactment of the National Criminal Code, conceptually comparing the principles of retributive justice in the old Criminal Code with the restorative justice approach in the new Criminal Code, and identifying implementation challenges in this transitional sentencing paradigm. This study uses a normative juridical method. Using a legislative and historical approach, a comparative analysis of the philosophy, principles, and norms of punishment contained in the old Criminal Code and Law No. 1 of 2023 was conducted to map the transformation of criminal law policy. It was found that the National Criminal Code explicitly abandons the philosophy of lex talionis and adopts a more humanistic goal of punishment, reflected in the criminal provisions and actions. Restorative justice is positioned as a complement to the conventional justice system, emphasizing the restoration of victims' losses and the social reintegration of perpetrators, rather than as a complete substitute for retributive justice. This creates a constructive tension, requiring law enforcement officials to make contextual choices between punitive and restorative approaches, rather than adopting a single approach. The greatest challenge lies not in the legal text, but in changing the culture and paradigm of law enforcement officials who have long been accustomed to a retributive system. The National Criminal Code inaugurates a more progressive criminal law policy by placing restorative justice as one of its main pillars. However, its successful implementation depends heavily on cultural transformation within law enforcement. It is recommended that the government prioritize a massive, ongoing socialization and training program for judges, prosecutors, and police to internalize this new paradigm, and encourage legal education institutions to reform their curricula.

The principle of legality in the context of the environment emphasizes that no environmental crime can be punished if it is not regulated in the applicable laws and regulations. This principle provides legal certainty for perpetrators of environmental crimes and provides clear boundaries regarding actions that are permitted and prohibited. The criminal provisions in Law No. 32 of 2009 explicitly regulate and limit an act that is categorized as an environmental crime. These provisions are the implementation of the principle of legality that is applied strictly. Law enforcement is necessary to create order in society. According to Mertokusumo, law enforcement means how the law must be implemented so that in enforcing the law, the elements of legal certainty, benefit, and justice must be considered. Criminal environmental law enforcement is based on the principle of legality, both in material and formal aspects. Criminal environmental law enforcement activities are only valid if the material substance is based on environmental articles, most of which are scattered outside the Criminal Code, and enforcement activities are carried out in accordance with Law No. 8 of 1981 concerning Criminal Procedure Law and guided by the Decree of the Minister of Justice of the Republic of Indonesia No. M.01.PW.07.03 of 1982 concerning Guidelines for the Implementation of the Criminal Procedure Code. This scientific research used the normative legal research method based on written regulations and other literature that examines aspects of theory, structure, and legal explanations related to this research. It adopted a statutory approach and data were collected using a literature study. Criminal provisions in Law No. 32 of 2009 explicitly regulate and limit an act that is categorized as an environmental crime. These provisions are the implementation of the principle of legality that is strictly applied. Outside of these provisions, it is not a crime. Although the impacts caused can damage, pollute, or cause harm to the environment. This condition is very susceptible to being misinterpreted and becomes a legal loophole for perpetrators to avoid the criminal law enforcement process. Therefore, it is necessary to know the essence of the principle of legality in Indonesian criminal law and its application to the enforcement of environmental criminal law.

The Miss Universe Indonesia 2023 event is being torn apart. This started with the revelation of cases of alleged sexual harassment experienced by all the female finalists. Several victims began to speak out and took action to report to the police. Therefore, this research intends to analyze the women's feminist movement against sexual harassment at the Miss Universe Indonesia 2023 event to achieve gender justice.This research is qualitative research with a case study approach and a critical paradigm. Using a case study approach, this research reveals the dismantling of the process of sexual harassment experienced by victims who have made it into the news. Meanwhile, the critical paradigm is used as a form of immersion in the women's feminist movement against sexual harassment in achieving gender justice.Research shows that the power of women in the context of Miss Universe Indonesia 2023 is gender inequality. Then it emerged in the news for allegations of sexual harassment that did not reflect good ethics. News circulated that he played an active role and that cases of alleged sexual harassment accompanied by the women's resistance movement were still high. It is revealed that there is a flow of existentialist feminism, a movement towards individual freedom and fighting injustice against women. In this way, women prove that they have the power to uphold justice for gender equality.The Miss Universe Indonesia 2023 event is being torn apart. This started with the revelation of cases of alleged sexual harassment experienced by all the female finalists. Several victims began to speak out and took action to report to the police. Therefore, this research intends to analyze the women's feminist movement against sexual harassment at the Miss Universe Indonesia 2023 event to achieve gender justice.This research is qualitative research with a case study approach and a critical paradigm. Using a case study approach, this research reveals the dismantling of the process of sexual harassment experienced by victims who have made it into the news. Meanwhile, the critical paradigm is used as a form of immersion in the women's feminist movement against sexual harassment in achieving gender justice.Research shows that the power of women in the context of Miss Universe Indonesia 2023 is gender inequality. Then it emerged in the news for allegations of sexual harassment that did not reflect good ethics. News circulated that he played an active role and that cases of alleged sexual harassment accompanied by the women's resistance movement were still high. It is revealed that there is a flow of existentialist feminism, a movement towards individual freedom and fighting injustice against women. In this way, women prove that they have the power to uphold justice for gender equality.

The article deals with socio-cultural and legal approaches to the prevention of sexual deviations related to coercion and harassment. The author believes that the criminalisation of sexual abuse (including harassment) does not meet the genesis of criminal law regulation, namely the social need for it to be prohibited specifically by criminal law, which is the state’s final argument in combating anti-social behavior. Introduction. The moral and cultural assessment of sexual relations outside of marriage, as well as of non-traditional forms of sexual relations, has changed over time and has had a significant impact on state-legal approaches to ensuring the security of sexual freedom and sexual inviolability of the individual. In this regard, on the modern socio-cultural platform new directions of formation of the state policy in the field of permissible and prohibited in the sexual sphere, the nature of freedom of actions of sexual nature and the degree of public danger of such deviations as coercion to actions of sexual nature and accompanying acts - sexual harassment are born. Aim of the criminological and sociological study was to outline the boundaries of the criminal law prevention of sexual deviations related to compulsion to sexual acts and harassment. Research Methodology, Methods and Techniques. The methodological basis of the study consists of general scientific and particular scientific methods of scientific knowledge, methods of empirical and theoretical research. Dialectics is accepted as a philosophical theory about the universal laws of motion and development of nature, human society and thinking, and in its original sense - as a logic and debatable search for truth related to the object of research. The anthropological approach allows us to reveal the ways in which the perpetrator’s personality is formed, as well as the motives and motivation behind deviant behavior. The axiological approach assists in verifying ways of strengthening the perceptions of sexual freedom as a moral and legal value, both at the level of mass, collective and individual consciousness and at the level of law-making and law enforcement processes systematically related to countering sexual offences. The use of the above approaches and methods ensured the study of sexual deviations, connected with coercion to actions of sexual nature and harassment, as an independent criminological phenomenon. The study found that general and special prevention mechanisms to prevent sexual harassment exist in our country, but are poorly used for various reasons, including the immoral behavior of the victim. The existence of organisational and legal problems for law enforcement agencies in proving reports of sexual offences should be recognised, but this cannot change the social nature of the acts and the degree of their public danger. The international experience of combating sexual harassment against the background of systematic high-profile «sex» scandals is a weak argument in favour of the effectiveness of combating social deviations by criminal law means. Scientific novelty. The study substantiates the author’s position that criminalisation of sexual harassment (including harassment) does not correspond to the genesis of criminal law regulation, i.e. the social need for sexual harassment to be prohibited by criminal law, which is the state’s final argument to combat anti-social behavior. Practical significance. The proposals formulated are aimed at the formation of effective criminal policy in the field of preventive measures to ensure the security of sexual freedom and integrity of the person.

Protection of victims of crime is part of the protection of human rights as a whole. The protection that provided was the responsibility of the state that has been manifested in a criminal law policy. The ultimate goal of the criminal law policy is the social defence to achieve the overriding goal of social welfare. Criminal law policy is basically also an integral part of social policy. Criminal Law Policy in Indonesia contained in implementation of the criminal policies through the establishment of statue such as the Penal Code, Criminal Procedure Code, and other organic laws which governing the criminal provisions in it. Criminal Law Policy was emerged from political law which integrated into the criminal policies that embodied in laws governing the criminal provisions. This essay is trying to discuss how criminal law policy in Indonesia that has been implemented, and how the criminal law policy in providing the protection of victims of crime through the criminal justice system in Indonesia. Currently, the criminal law policy regarding the protection of victims of crime has been regulated. But the provisions have not fully provides protection to victims of crime. It can be seen in Act No. 8 of 1981 on the Code of Criminal Procedure Act which gave more protection to the suspect than to the protection of victims. Furthermore, Law No. 13 of 2006 on the Protection of Witnesses and Victims provide better protect witnesses than victims. This is due to the Act appears to provide protection to witnesses incorruption cases. Keywords: the criminal law policy, the criminal justice system, protection of victims of crime.

The article is devoted to the study of the problem of establishing the relationship between the criminal law and criminal procedure aspects of legal certainty. The author establishes that legal certainty within criminal justice is a dichotomous category, since it combines the requirements (rules) of criminal law and criminal procedure, and the category of legal certainty itself is a polymorphic construction in terms of content and essence, which gives grounds to consider legal certainty as a) a property of a rule of law; b) a principle of law; c) a requirement for a court decision; d) consequences (properties) of the legal force of a court decision; e) grounds for reversal of a court decision; f) a subjective right of a person to know what he or she is accused or suspected of; g) a criterion for realization of the legal status of participants to criminal law and criminal procedural relations. The criminal law manifestation of legal certainty relates exclusively to the properties of criminal law provisions and the relevant principle of criminal law, but it has a formative and guiding effect on criminal procedural manifestations of the principle of legal certainty and is interrelated with them. The author distinguishes three levels of legal certainty as a universal legal category of criminal law and criminal procedure law: normative (legislative), law enforcement and scientific (doctrinal). It is stated that legal certainty is not only a guarantee for an individual against arbitrary actions of the State within the criminal justice system, but also an opportunity for him/her to clarify his/her legal status within criminal law and criminal procedure relations, and to expect only predictable criminal law and criminal procedure consequences of actions of bodies and persons authorized by the State to apply criminal law response measures. If, as a result of legal uncertainty of criminal law provisions, a person does not understand the consequences of his/her behavior within criminal law relations, such a person will not be able to timely and adequately correct his/her behavior in order to change his/her legal status in accordance with the requirements of criminal law provisions. As a result, the law on criminal liability itself loses its regulatory value

This research aims to understand the phenomenon of sexual harassment against female models in Banjarnegara from the perspective of Islamic law and the Criminal Code. This research uses a qualitative research method with a case study research type. Research data was obtained through interviews with victims of sexual harassment, perpetrators of sexual harassment, victims' families, law enforcement officers, and community leaders in Banjarnegara. The research results show that sexual harassment against female models in Banjarnegara is a serious problem. Modes of sexual harassment that often occur include physical and verbal harassment. The factors behind the occurrence of sexual harassment are the perception that women are weak and powerless, patriarchal culture, and lack of law enforcement. Sanctions for sexual harassment according to Islamic law and the Criminal Code vary. In Islamic law, sexual harassment is included in the category of zina and is punishable by had. Meanwhile, in the Criminal Code, sexual harassment is regulated in Articles 281, 282, 283 and 285, with the threat of a maximum criminal penalty of two years and eight months or a maximum fine of IDR 4,500. This research recommends several steps to prevent sexual harassment against female models in Banjarnegara, including: Increasing education about gender equality and women's rights, Strengthening law enforcement against perpetrators of sexual harassment, Providing assistance and protection for victims of sexual harassment.

Criminal act of rape has received considerable attention among the public nowadays. The care and protection of the interests of the victims of the rape crime either through criminal justice process or certain social care facilities is an absolute part that needs to be considered in criminal law policies and social policies. Therefore, in the formulation of the criminal system, it is time to pay attention to the victim's interest to realize the equitable distribution of justice for the rights of rape victims to be protected. In the effort of developing and renewing the criminal law in Indonesia, it is necessary to conduct an assessment related to the policy of punishment formation system which is oriented to the rape crime victims in the coming criminal law. This study employed a qualitative research using normative law research design. In an effort to achieve the research objectives that have been determined, this study used statute approach and conceptual approach. Based on the results and discussion, policy formulation of punishment system that is oriented to rape crime victims in future criminal law is as follows: (1) in the material criminal law, protection of rape crime victims in its development is regulated in a Bill of Criminal Law, including the formulation of passive national principles, the extension of the concept of criminal acts of rape, and the formulation of types of sanctions. (2) in formal criminal law, the protection of victims, especially the rape crime victims, has been regulated in a Bill of Criminal Procedure Law, with the granting of procedural rights such as the right of a translator and the right of reimbursement of expenses. It is because legal protection against victims of rape crime is in need of services such as psychosocial, medical, and safe house.

Technological advances have created virtual reality that allows for digital interaction, but also opens up opportunities for sexual harassment. Positive law in Indonesia does not yet have specific rules to regulate cases of sexual harassment in the context of virtual reality. This research aims to find out and analyze criminal policy, namely penal policy and non penal policy in the protection of potential victims of sexual harassment via virtual reality. This research is a normative legal research with a legislative, conceptual, and case approach. The source of legal materials used consists of primary, secondary, and tertiary legal materials. The technique of collecting legal materials is carried out through literature studies. Criminal policy analysis in the criminal act of sexual harassment via Virtual Reality is carried out using descriptive analysis techniques, which involve the analysis of penal policy and non penal policy to understand the applicable criminal law policy and find out preventive measures that can be used to protect potential victims of sexual harassment via virtual reality in the future. Based on the results of the research, criminal law policy in Indonesia can provide protection for potential victims of harassment via virtual reality. However, the implementation of penal policy alone is not enough, so there needs to be a non-penal policy that can help prevent and handle sexual harassment via virtual reality. Thus, criminal law policy or penal policy and non-criminal law policy or non-penal policy can be an effective solution to protect victims of sexual harassment via virtual reality.

Law enforcement of the crime of Pratima theft in Bali does not provide a sense of justice for traditional law communities as victims. In response to this, it is necessary to construct law enforcement for the crime of Pratima theft to achieve a sense of justice, benefit, and legal certainty for the Balinese customary law community. This research method is sociological law (sociological jurisprudence), emphasizing the study of the operation of law in traditional law communities in Bali. The object of the study is the legal facts related to the crime of Pratima theft. Based on the research results, it was found that law enforcement prioritized legal certainty rather than social justice itself. The Balinese traditional law community desires fair and beneficial law enforcement. The provisions on the principle of legality in deciding pratima theft cases in Bali do not prevent the application of laws that exist in society. Judges should also apply customary criminal sanctions, thereby demonstrating that criminal law policies protect customary law communities. In imposing sanctions, the panel of judges is expected to be guided by the harmony of law enforcement objectives, based on local wisdom. The application of the Tri Hita Karana concept as local wisdom in customary criminal sanctions shows that criminal law policy provides a sense of justice and protects customary law communities as victims, and restores harmony in the lives of Balinese customary law communities.

This study examines the legal policy regarding criminal sanctions against perpetrators of staple food hoarding in Indonesia, viewed from the perspective of national legislation and Islamic law. Staple food hoarding—defined as the act of storing goods in unreasonable quantities to create artificial scarcity and profit from price surges—is a serious threat to public welfare and market stability. In the Indonesian legal context, hoarding is regulated under Law Number 7 of 2014 on Trade, the Criminal Code (KUHP), and supporting regulations, which impose criminal sanctions in the form of imprisonment and substantial fines. However, the enforcement of these sanctions faces practical challenges in terms of monitoring, proving intent, and preventing repeat violations. From the Islamic legal perspective, hoarding, known as ihtikār, is explicitly prohibited as it violates the principles of justice and public interest (maslahah). The Prophet Muhammad condemned hoarding, and Islamic jurisprudence empowers authorities to impose discretionary punishments (taʿzīr) to prevent social harm. The findings indicate a significant convergence between the objectives of national and Islamic law in protecting economic justice and consumer rights, though their normative foundations and enforcement mechanisms differ. This paper concludes that an integrative approach—combining formal criminal law enforcement with the ethical and moral values of Islam—can enhance the effectiveness of anti-hoarding policies. Recommendations include stronger market supervision, public education on ethical business conduct, collaboration with religious institutions, and consistent law enforcement.

The enactment of Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) affects the duties and functions of the Prosecutor's Office as a law enforcer, which has tended to be formalistic and procedural, thus encouraging this institution to place more emphasis on fulfilling the principles of justice, the effectiveness of law enforcement, and the protection of victims' rights, while strengthening its strategic role in the prevention and prosecution of criminal acts in accordance with the new norms in the Criminal Code. However, the recognition of the National Criminal Code regarding the existence of living law in society other than written law creates tension between legal certainty and substantive justice (social justice). Prosecutors face a dilemma when an act that is recognized as criminal under customary law is not written in the law, thus creating legal uncertainty in the practice of prosecution. The result of this study is the principle of formal legality Article 1 paragraph (1) of the National Criminal Code which is linear with the view of the school of legalism emphasizes that every act can only be punished based on written law, ensuring legal certainty and protection of human rights. The enactment of Article 2 of the National Criminal Code, the principle of legality has expanded its meaning, which in its regulation recognizes the laws that live in society (living law) and social values, customary norms, and substantive justice in the sense of the principle of material legality. The real implementation can be seen in the innovation of the Bali High Prosecutor's Office through Bale Kertha Adhyaksa Jaga Desa and Umah Restorative Justice, which integrates positive law and customary law of Tri Hita Karana. The Prosecutor's Office now plays an adaptive, humanist, and fair role, guarding social harmony as well as legal certainty.

Corruption in the procurement of goods and services is part of a criminal law instrument. Criminal theory which aims to make the perpetrators or potential perpetrators afraid to commit crimes, because the modus operandi is quite diverse so it is difficult to detect. The Protection of Witnesses and Victims in cases of corruption in the procurement of goods and services of the government often receives terror from the perpetrators of misuse of goods and services reported by witnesses to law enforcement. It is necessary to protect witnesses and victims in the circle of cases of corruption in the procurement of government goods and services. The enforcement of criminal law on corruption in the procurement of government goods/services also needs to be promoted as a strengthening of the government in fighting corruption which hinders the absorption of the APBN/D (the State Revenue and Expenditure Budget) budget. Certainly, an appropriate criminal law policy is needed so that it will not only provide a deterrent effect to the perpetrators but also an awareness of the mistakes it can make. have an adverse effect on the life of the nation and state.

The object of the study is the criminal law policy in the field of protection of fair competition, namely the criminalization of violations of antimonopoly legislation as its element. The subject of the study is normative legal acts providing for the protection of fair competition, legal acts justifying the priority directions of modern criminal law policy in the field of competition protection, principles of criminalization, statistical data of the antimonopoly authority and the Supreme Court of the Russian Federation, as well as scientific research, including dissertations, scientific publications on criminal law policy in general, issues criminalization, general theoretical criminal law phenomena, criminal liability for certain types of crimes. The purpose of the work is to study the criminalization of violations of antimonopoly legislation, taking into account the principles of criminalization developed in science in order to justify the introduction of a criminal law ban on their commission. The research methodology is based on general scientific and private scientific methods: system analysis, logical, comparative, formal dogmatic, historical methods, classification method. The novelty of the study lies in the fact that the analysis of the set of criminalization principles made it possible to establish the validity of criminalization of anticompetitive acts, on the basis of an economic approach, to conclude about the ratio of public danger of types of anticompetitive acts, potentially identical risks that they carry for the economic security of the country; by analyzing the practice of applying criminal law norms in the activities of law enforcement agencies, it was possible to identify the problems of law-making and law enforcement, which had not previously been carried out in the science of criminal law. The findings can be especially useful in legislative, scientific and educational activities. The result of the work is a conclusion about the validity of criminalization of anti–competitive acts, the need to improve the Criminal Code of the Russian Federation, taking into account the prohibitions of a special law - the Federal Law "On Protection of Competition". At the same time, it was concluded that there are problems both in lawmaking and in law enforcement, which requires changing the relevant provisions of the Criminal Code of the Russian Federation in order to increase the effectiveness of countering anti-competitive crimes.