Citation

Salmon HCJ, Zidan A. SANISA J. Kreativitas Mhs. Huk. 2022; 2(2): 44-56.

Vernacular Title

Catcalling sebagai bentuk kekerasan seksual non fisik

Copyright

(Copyright © 2022, Faculty of Law, Pattimura University)

DOI

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PMID

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Abstract

INTRODUCTION: Catcalling as a form of a criminal act, namely non-physical sexual violence, which is often ignored, is not even realized by the victim and even the perpetrator of the act. Catcalling itself often occurs spontaneously or because of a joke. This is due to the lack of understanding of the Indonesian people regarding Catcalling, and even tend to normalize Catcalling because of the patriarchal culture in society which considers men tend to be more powerful than women, this verbal sexual harassment usually occurs in open public spaces, is a Sexual compliment Seducing or sexual in a non-verbal way, namely whistling. This catcalling act has an impact on a person's psyche further, even on their human rights where they get security in carrying out their activities, peaceful and peaceful physically and mentally, for that reason, catcalling perpetrators must be dealt with firmly to be stopped, Catcalling in Indonesia is one form of criminal acts of sexual harassment that are against the law and moral norms. Catcalling is still hard to get justice for him. So far, protection for victims of catcalling is regulated in Law Number 39 of 1999 concerning Human Rights (HAM) and Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims as the legal basis. For Catcalling Actors in Indonesia, initially, it was very difficult to be caught by law because the provisions in positive law did not explicitly describe Catcalling itself, but with the presence of Law No. 12 of 2022 which clearly states in Article 4 paragraph 1 point (a) which explicitly states sexual harassment. non-physical and then paragraph 2 point (d) it is said that an act that violates decency is against the will of the victim. Furthermore, Article 5 explains that any person who commits non-physical sexual acts aimed at the body, sexual desire, and/or reproductive organs to degrade a person's dignity based on sexuality and/or decency, shall be punished for non-physical sexual harassment, with a criminal sanction. imprisonment for a maximum of 9 (nine) months and/or a maximum fine of Rp. 10,000,000.00 (ten million rupiah)Purposes of the Research: Analyzing Catcalling as a Form of Non-Physical Sexual Violence

Methods of the Research: The research method used is normative juridical, with a statutory and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials carried out in this research is through library research, namely by searching legal materials by reading, viewing, listening and now many are done by searching through the internet then the data will be analyzed using quantitative data analysis techniques, in an approach Quantitative related to the relationship of variables analyzed using an objective theory, then described to solve the main problem in this study.

Results of the Research:  The research results show that. The phenomenon of verbal sexual harassment that occurs in society, especially catcalling, is a product of a patriarchal culture that places men more powerful than women so the catcalling phenomenon tends to be normalized with more victims being women. The impact caused by the catcalling phenomenon is in the form of insecurity, discomfort, lack of confidence, and embarrassment. If this continues, of course, the psychological impact that can be felt by the victim is in the form of trauma and depression. he clearly described what catcalling was. Some articles can be used in dealing with catcalling cases, namely, Article 315 of the Criminal Code, Article 281 Paragraphs (1) and (2) of the Criminal Code, and Article 8, Article 9, Article 34, Article 35 of Law Number 44 of 2008 concerning Pornography in this article can be used as a legal basis to ensnare catcalling perpetrators, but it is still felt that it has not been optimal in guaranteeing legal certainty and fulfilling a sense of justice for victims who have experienced catcalling. Catcalling perpetrators can also get social sanctions if victims dare to fight back and show their emotions when they get catcalling. However, with the issuance of Law 12 of 2022 concerning Crimes of Sexual Violence, the criminalization of catcalling as a form of non-sexual violence crime Verbal is getting clearer with explanations of Article 4 and Article 5 which describe what sexual violence is and also the sentence of punishment for perpetrators of sexual violence. With this writing, it is hoped that public knowledge can increase so that it does not normalize catcalling in the future.

Language: en

Keywords

Catcalling; Criminal Law; Non Physical Sexual Violence; Open Public Spaces