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  1. V. Conclusion

V. Conclusion

Indonesia’s legal policies insufficiently protect OGBV victims in accessing justice. Law enforcement officers continue to use the ITE Law, the Pornography Law, and the Criminal Code to charge victims of OGBV cases instead of protecting them. Protection of data privacy and the concept of consent are insufficiently invoked as legal officers tend to emphasize the breach of moral standards, generalizing the victims’ experiences as a violation of decency, thus making them vulnerable to persecution.

The case of GA, as an Indonesian public figure, showed how the victim was mainly positioned as the creator of the pornographic content – and not a victim of OGBV practices and the privacy infringement that was done without her consent leading to the publication of the explicit content .41 Social media policies are limited to deleting content on the platform without further action or prevention, which cannot ensure in any way that

41 This statement is based on legal basis that was sentenced upon GA as suspect with charges based on Article 4 paragraph (1) of Pornography Law, whereas GA should’ve been excluded by the substance written in the Explanation of the article.

the perpetrators no longer have access to the content. There is a real need in Indonesia for a regulation that specifically regulates the protection of OGBV victims, as the ITE Law, the Pornography Law, and the Criminal Code offer too little protection. This condition is exacerbated by the inadequate sensitivity of law enforcement officers regarding victim’s positions when it comes to OGBV cases – where victims are often considered as the perpetrators who needs to be punished. A legal framework is needed that will break down the patriarchal stigmas to eliminate the systematic injustice faced by OGBV victims, and women victims of sexual violence in general.

Using practical feminist reasoning as part of the Feminist Legal Method, is a useful technique to discover the difficulties experienced by OGBV victims (including GA, LBH APIK partners, and victims after court ruling) when reporting their cases, due to the presence of law enforcement officers who do not fully understand how to proceed with OGBV cases and perpetuate the victim-blaming culture (Katherine Bartlett 1990, 849). A legal system that understands and listens to the victims’ perspectives carefully is very much needed to improve the victims’ unequal position.40

The absence of a legal policy that places OGBV victims as parties who need to be listened to and need to be protected causes that OGBV victims are often reluctant to report their cases to law enforcement officials out of the fear of being judged and instead, become the target of their perpetrators reporting back at them (on the grounds of defamation). This condition obscures the victims’ intention to access justice even before stepping into the trial. There is this fear of trauma, shame, tarnished self-esteem, and further actions from the perpetrators that might place the victim in the position as helpless, even though a OGBV victim has the right to an equal opportunity to justice under the duty of the state to create a safe environment for all.

At a different level, the technology companies also have responsibility toward the spike of OGBV cases. This issue has been recognized by the Feminist Principles on the Internet42, where most of the social platforms do not offer gender disaggregated information on content moderation or takedowns (Florencia Goldsman & Jamila Venturini 2021). It is shown by the high number of users reporting concerns regarding the use of real names, or the placement of photos of women’s bodies. Moreover, the

42 The Feminist Principles of the Internet was drafted by group of activists and advocates working in sexual rights, women rights, violence against women, and internet rights, which aims to provide a framework for women’s movement to articulate and explore issues related to technology. Further information can be accessed on https://feministinternet.org/en/about.

obscurity of their room policies, allows for the promotion of hate speech and online violence. (Florencia Goldsman & Jamila Venturini 2021). It should be encouraged that Facebook, Twitter, Google, and many other big platforms to become willing to walk hand in hand in combatting OGBV and building a feminist internet by creating a safe space for women in the era of digital surveillance.

It is also important to build a culture and system that does not put a patriarchal stigma on victims without listening to them first. Public education needs to be improved regarding GBV, it must be underlined that it doesn’t only occur in the real world, but also in cyberspace. Especially in the COVID-19 situation which requires all people to communicate online and limits access of women victims of OGBV to report. A possible solution for this lack of access to reporting is a “pick up” strategy by feminist activists, institutions, or communities aided by legal aid institutions such as LBH APIK, Komnas Perempuan, as well as the police. Also, we would propose for the Women and Children Services Unit/Unit Pelayanan Perempuan dan Anak *(Unit PPA) and Criminal Investigation Agency/Badan Reserse Kriminal* (Bareskrim) to work together in accepting and processing OGBV practices using Artificial Intelligence technology and ensuring the digital security of the victims’ contents are safe from further threats by the perpetrators.

It is time for the law to change to a more advanced level, especially regarding the position of women as victims of OGBV. Implementation of existing regulations has been unequal and therefore a feminist perspective is needed in handling and assessing GBV or OGBV cases. A legal environment must be created in which victims feel comfortable to speak up for themselves and can entrust their experiences to the authorities. Only then the law will be inclusive and a safe place for women to seek protection.

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