Criminal offenses of sexual abuse: understanding, type, and witness in Indonesia

The crime of sexual abuse is a serious issue that has a traumatic impact on victims, especially children and women. This article will thoroughly explore the crime of sexual abuse, starting from the understanding, types, legal basis governing it, criminal sanctions for perpetrators, legal processes and protection for victims, to prevention efforts so that this crime does not continue to be repeated. Understanding the crime of molestation in depth is an important step in our joint efforts to protect the community from this destructive crime.

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Understanding of criminal offenses

The crime of sexual abuse refers to immoral acts or obscene acts that violate decency and attack one’s honor. However, the definition of criminal acts of sexual abuse can vary depending on the legal context and the applicable laws and regulations. Simply put, molestation includes all forms of sexual, indecent, or inappropriate, which is carried out without consent or by coercion of others.

It is important to note that criminal offenses do not always involve physical contact directly. Actions such as verbal sexual harassment, sending messages or obscene images, or forcing someone to witness sexual acts can also be categorized as sexual abuse.

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Types of criminal offenses of sexual abuse

Types of criminal offenses of sexual abuse are very diverse, and can be classified based on various factors, including:

Based on victims:

1. A child’s violation
2. Female violation
3. Molestation of men

Based on the ways done:

1. Molestation with violence
2. Molestation with the threat of violence
3. Sexual abuse
4. Molestation with abuse of authority

Based on the form of action:

1. Verbal sexual harassment
2. Physical sexual harassment
3. Sexual exploitation
4. Coercion of sexual intercourse

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Legal basis for criminal offenses in Indonesia

The crime of sexual abuse in Indonesia is regulated in various laws and regulations, including:

1. Criminal Code (KUHP). The Criminal Code contains a number of articles governing obscene acts, sexual harassment, and rape.
2. Law Number 23 of 2002 concerning Child Protection. This law provides special protection to children from various forms of violence, including sexual abuse.
3. Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law). The TPKS Law is the latest law that comprehensively regulates various forms of sexual violence, including sexual abuse, and provides stronger protection to victims.

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Criminal sanctions for perpetrators of sexual abuse

Criminal sanctions for perpetrators of criminal offenses in Indonesia vary, depending on the types of actions, ages of victims, and other burdensome factors. Criminal sanctions can be in the form of:

1. Imprisonment. The prison period can vary from several years to dozens of years, even the death sentence in certain very severe cases.
2. Criminal fine. Perpetrators can also be subject to a certain amount of fine.
3. Additional action. In addition to imprisonment and fines, the perpetrators can also be subject to additional actions, such as rehabilitation or revocation of certain rights.

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Legal and Protection Process for Victims

The legal process in the case of criminal offenses involves several stages, ranging from reporting, investigation, investigation, prosecution, to trial. In this process, the protection of victims becomes very important. Some forms of protection that must be given to victims include:

1. Identity protection. The victim’s identity must be kept secret to protect from stigma and discrimination.
2. Psychological assistance. Victims are entitled to get psychological assistance to help recovery from trauma.
3. Legal assistance. Victims are entitled to get legal assistance to fight for their rights.
4. Physical protection. In certain cases, victims may need physical protection from the threat of the perpetrators.

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Prevention of criminal offenses

Prevention of criminal offenses requires comprehensive efforts and involves various parties, including:

1. Sexual education, namely by providing appropriate and comprehensive sexual education to children and adolescents.
2. Increasing public awareness about criminal offenses and its impact.
3. Strict law enforcement of perpetrators of sexual abuse.
4. Provide adequate support to victims to help recovery.
5. The role of family and community, by increasing the active role of the family and community in protecting children and preventing sexual abuse.

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(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Code;
2. Law Number 23 of 2002 concerning Child Protection;
3. Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence.