I. Introduction

I. Introduction

I. Introduction

The topic of Gender-Based Violence (hereinafter abbreviated as GBV) is not a novelty in the discussion of law enforcement in Indonesia. The debate on GBV flares up every time that GBV appears in a new form. The most recent form of GBV emerged from cyberspace, namely Online Gender-Based Violence, or Kekerasan Berbasis Gender Online in Bahasa Indonesia (hereinafter abbreviated as OGBV). The OGBV phenomenon has become a burning issue in Indonesia because of the COVID-19 pandemic which required people around the world and specifically in Indonesia, to stay at home for prolonged periods of time. These conditions of working and learning from home created circumstances in which a boom in OGBV could take place, due to the increased intensity of internet use, without a specific regulation on OGBV being put in place.

GBV practices can happen to anyone regardless of their gender and sex backgrounds, but the field data clearly shows that most victims are women. Every year, the National Commission on Violence Against Women/Komisi Nasional Anti Kekerasan Terhadap Perempuan (hereinafter abbreviated as Komnas Perempuan) compiles their Annual Notes of the National Commission on Violence Against Women report (hereinafter abbreviated as CATAHU Komnas Perempuan). The CATAHU Komnas Perempuan report of 6 March 2020 indicates that 2019 was the year with the largest increase in GBV cases. The report’s findings are:³

1) The increase in GBV actions experienced by women was up to 800% over the last 12 years – this was the number of reported cases submitted to Komnas Perempuan, yet to include of those who are not reported; and

2) An increase of 300% OGBV cases from 2018 was related to the cybercrime reports involving threats and the distribution of pornographic contents (such as photos and videos) of OGBV victims.

The CATAHU Komnas Perempuan of 5 March 2021 shows that there was a decrease in the number of reported GBV cases in 2020, mostly due to the pandemic where data colleting process itself had to be done online, causing a decrease in the number of respondents of more than 100%. Meanwhile, there was a 60% increase in the number of direct complaints to Komnas Perempuan from 1,413 cases in 2019 to 2,389 cases in 2020.

³ National Commission Against Violence Against Women, “Annual Record of Violence against Women 2019 Increased Violence: Policies for the Elimination of Sexual Violence to Build Safe Spaces for Women and Children”, https://komnasperempuan.go.id/pengumuman-detail/siaran-pers-dan-fact-sheet-komnaswomen-cata, accessed 22 January 2021.

The increase was especially large in the category of OGBV cases, from 126 cases in 2019 to 510 cases in 2020, and mostly classified as psychological violence cases.⁴ It must be underlined that these numbers are only based on reported cases from the victims and exclude many other victims who did not report. In 2021, the Legal Aid Institute (LBH) APIK Jakarta also reported a steep rise in OGBV cases to 489 cases –a significant increase from 2019 (17 reports) and 2020 (307 reports).⁵

The data above shows that within three years, OGBV has emerged as a new form of GBV in Indonesia. OGBV can be defined as an act of attack against someone’s bodily integrity and self-autonomy regarding sexuality, and gender identity, which is carried out with digital technological means (Lidwina Inge Nurtjahyo, 2020). Women are most vulnerable to become victims of OGBV with a percentage reaching 71% of 659 cases recorded throughout 2020 from women victims.⁶ According to the Association for Progressive Communications⁷ , there are 3 (three) types of people who are prone to becoming victims of OGBV, namely persons who have been involved in intimate relationships; public figures; and the victims and survivors of GBV or OGBV (Ellen Kusuma and Nenden Sekar Arum from SAFEnet 2019, 8). Many victims of OGBV reported that their cases started from threats to disseminate the contents – photos or videos of the victims – into technology-based platforms, such as social media.⁸ This practice clearly has a negative impact on women victims once they have been exposed. The shameful experience has made society perceived them in negative ways, both in real life and virtual world. As an individual, the victim will be more vulnerable to psychological loss, social isolation, economic loss, limited mobility, and self-censorship as a form of

⁴ National Commission Against Violence Against Women, “Annual Record of Violence against Women 2020 Women in the Hump of a Pandemic: Rise in Sexual Violence, Cyber Violence, Child Marriage, and Limited Handling Amid COVID-19”, https://komnasperempuan.go.id/siaran-pers-details/catahu-2020-komnas-perempuan-fact-sheets-dan-poin-key-5-march-2021, accessed 10 March 2021.

⁵ Liberty Jimedu, “Online Gender-Based Violence Most Reported to LBH Apik Jakarta”, https://www.voice.com/tekno/2021/12/11/205853/kerasan-berbasis-gender-online-most-many-reportedke-lbh-apik-jakarta , accessed 12 January 2022.

⁶ Safenet Voice, “[Press Release] Increase in Online Gender-Based Violence during the Pandemic,” https://id.safenet.or.id/2020/12/rilis-pers-peningkatan-kerasan-berbasis-gender-online-during-pandemic/, accessed 21 January 2021.

⁷ Association for Progressive Communications (APC) was founded in 1990. It is a global network of civil society organizations with the vision to use and shape the internet and digital technologies to equitable and sustainable future, leading to greater care for ourselves, each other, and the earth. More info on the association can be found in: https://www.apc.org/en/about.

⁸ Komnas Perempuan, “Annual Record of Violence against Women 2019 Increased Violence: Policies on the Elimination of Sexual Violence to Build Safe Spaces for Women and Children”, https://komnasperempuan.go.id/pengumuman-detail/siaran-pers-dan-lembar-fact-komnas-women-cata, accessed 22 January 2021.

protection so as not to become more victimized (Ellen Kusuma and Nenden Sekar Arum from SAFEnet 2019, 10). The practice of OGBV also is both a symptom of and perpetuates a misogynistic and sexist culture online which further reproduces the condition of inequality between women and men. The surge in reported numbers of OGBV, raises further questions regarding the implementation of the State’s duty to protect women and the extent to which Indonesian law has guaranteed a sense of security for women, especially in the virtual realm.

This research therefore looks at the substance of current Indonesian law and whether it provides adequate protection for potential victims of GBV, specifically OGBV. The authors subsequently analyze OGBV cases to examine the application of existing Indonesian law and the protection this application offers to victims. By focusing on the experiences of women, this study uses the Feminist Legal Method to gain more comprehensive understanding concerning the protection of OGBV victims within the scope of Indonesian law. This research is based on a combination of a desk study, in which legal sources, and literature on the subject of OGBV in Indonesia were analyzed, with field research in which interviews with OGBV victims and paralegals were conducted. The authors hope that this article will be an insightful critique of the existing legal framework regarding OGBV and will contribute to future OGBV policies that will provide better online protections with a proper victim’s perspective.

I. Introduction

Table of Contents