The Submission of Judicial Review by the Public Prosecutor Following the Decision of the Constitutional Court No 20/PUU-XXI/2023 (Indonesia): an Examination of Legal Protection for the Rights of the Convicted
The Submission of Judicial Review by the Public Prosecutor Following the Decision of the Constitutional Court No 20/PUU-XXI/2023 (Indonesia): an Examination of Legal Protection for the Rights of the Convicted
Author(s): Rahmawati Rahmawati, Abdul Madjid, Setiawan NoedajasaktiSubject(s): Constitutional Law, Criminal Law, Human Rights and Humanitarian Law
Published by: Altezoro, s. r. o. & Dialog
Keywords: Catcalling; Legal Protection; Sexual harassment; Victim;
Summary/Abstract: This paper examines the inclusion of verbally displaying sexual acts (commonly known as catcalling) within the framework of criminal law in Indonesia. It also analyses the legal protections afforded to victims of such actions under Law No 12 of 2022 concerning Crimes of Sexual Violence (TPKS Law). Verbal sexual concealment, or catcalling, involves the non-physical expression of sexual acts directed at an individual's body, sexual desires, and/or reproductive organs. This undermines the person's dignity based on their sexuality and/or modesty. Under the TPKS Law, victims of verbal sexual harassment, or catcalling, are granted specific legal protections. These include the right to be shielded from acts of violence and the right to be free from any treatment that undermines their dignity. These protective measures encompass the fulfilment of ownership and the provision of assistance to ensure the victims' sense of security. The LPSK or other relevant institutions are responsible for carrying out these protective measures by the requirements outlined in the law.
Journal: Traektoriâ Nauki
- Issue Year: 9/2023
- Issue No: 8
- Page Range: 1037-1046
- Page Count: 10
- Language: English