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

Abstract

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).