Writer: Syarifah Dinda Nuraini Alkadrie
Editor: Radhiah Auni
Graphic Designer: Pat Sevikul
The rise of the digital age has given us numerous benefits, but it has also opened doors to new forms of abuse and harassment. One such threat is revenge porn, the non-consensual sharing of explicit or intimate images or videos of individuals without their permission, often with the intent to humiliate, intimidate, or seek revenge. In Indonesia, revenge porn has become a distressing issue that demands immediate attention. It is crucial to address this problem and provide support to the victims while holding the perpetrators accountable.
Revenge porn has become alarmingly prevalent in Indonesia, affecting individuals from various backgrounds. The accessibility of smartphones and social media platforms has made it easier for perpetrators to disseminate explicit content without facing significant consequences. The victims, on the other hand, suffer from immense emotional distress, reputational damage, and psychological trauma. Furthermore, victims often face victim-blaming and social stigma, which adds to their suffering.
According to Arisanti & Setiabudhi (2021), the Indonesian legal system does not specifically regulate the act of revenge porn. However, based on the elements of the offense, revenge porn clearly constitutes a criminal act and falls under the category of offenses against decency, as stipulated in the Indonesian Criminal Code (KUHP), specifically Article 281, Article 282, and Article 533.
Revenge porn can also be subject to sanctions under Article 29 of the Ponography Law, as well as Article 27 Paragraph (1) and Article 45 Paragraph (1) of the Electronic Information and Transactions (ITE) Law, which governs the criminal offense of pornography on the internet or social media.
Unfortunately, the sanctions imposed on perpetrators of revenge porn under these provisions often result in the victim being inadvertently criminalized due to vague norms that are not entirely suitable for application to the perpetrator. The lack of specific regulations on the criminal offense of revenge porn in Indonesian law is also highly detrimental to the victims, as this offense goes beyond mere dissemination of sexually explicit content and can have a significant impact on the mental well-being of the victims.
Empowering victims of revenge porn is paramount in helping them recover and regain control of their lives. Many victims experience feelings of shame, guilt, and violation, which can have long-lasting effects on their mental health. To effectively address revenge porn, it is essential to create safe spaces where victims can seek support without fear of judgment or stigma such as:
Legal Protection: Strengthening legal frameworks to specifically address revenge porn is crucial. Indonesia’s existing laws on defamation, harassment, and privacy need to be updated and expanded to explicitly cover revenge porn offenses. This will provide victims with a stronger legal recourse and ensure that perpetrators are held accountable for their actions.
Awareness and Education: Implementing comprehensive awareness and educational campaigns is essential to combat revenge porn effectively. Educating individuals about consent, privacy, and the potential consequences of engaging in revenge porn can help prevent such incidents from occurring. This education should target not only potential perpetrators but also potential victims, empowering them to recognize and protect their rights.
Support Networks: Establishing dedicated support networks for revenge porn victims can provide them with the necessary emotional support, guidance, and resources. These networks can be run by NGOs, community organizations, or government agencies, and should offer counseling services, legal advice, and safe spaces for victims to share their experiences without judgment.
In addition to empowering victims, taking comprehensive measures to hold perpetrators accountable is vital. Indonesia should pave the way to empower victims and create a society that values consent, privacy, and digital safety in the fight against revenge porn such as:
Reporting Mechanisms: Developing accessible and user-friendly reporting mechanisms is crucial for victims to seek justice. These mechanisms should be available through online platforms, social media companies, and law enforcement agencies. Simplifying the reporting process and ensuring a prompt response from the authorities will encourage victims to come forward and deter potential perpetrators.
Collaboration with Social Media Platforms: Collaboration between the government and social media platforms is necessary to combat revenge porn effectively. Implementing stricter content moderation policies and reporting systems on these platforms can help identify and remove non-consensual explicit content swiftly. Furthermore, social media companies should prioritize user privacy and security, working to develop advanced technologies that can detect and prevent the spread of revenge porn.
Law Enforcement and Prosecution: Training law enforcement officials on the nuances of handling revenge porn cases is crucial to ensure that victims receive the support they need. Establishing specialized units within law enforcement agencies to handle cybercrime and revenge porn cases can expedite investigations and ensure that perpetrators are brought to justice. Prosecution of offenders must be swift and accompanied by appropriate legal consequences to deter future instances of revenge porn.
Addressing the issue of revenge porn in Indonesia requires a multi-faceted approach that empowers victims and holds perpetrators accountable. By implementing stronger legal protections, raising awareness, establishing support networks, developing reporting mechanisms, collaborating with social media platforms, and enhancing law enforcement efforts, Indonesia can make significant progress in combating revenge porn. It is crucial for society as a whole to come together to create a safer online environment, where privacy is respected, and individuals can navigate the digital world without fear of exploitation and harm.
Sources:
Arisanti, N. P. W., & Setiabudhi, I. K. R. (2021). PERTANGGUNGJAWABAN PIDANA PELAKU REVENGE PORN(PORNOGRAFI BALAS DENDAM) MENURUT HUKUM POSITIF INDONESIA. Jurnal Kertha Desa, 9(5), 11-22. https://ojs.unud.ac.id/index.php/kerthadesa/article/view/69819
Budiono, A., Sugiarto, D. P. A., Shaharani, Z., & Pradnyawan, S. W. A. (2022). Optimization of Legal Enforcement and Protection Against Women Victims of Crime Threats (Revenge Porn) in Electronic Media. International Journal of Social Science Research and Review, 5(9), 486-493. http://dx.doi.org/10.47814/ijssrr.v5i9.580
Carter, C. (2021, November 16). An Update on the Legal Landscape of Revenge Porn. National Association of Attorneys General. Retrieved May 28, 2023, from https://www.naag.org/attorney-general-journal/an-update-on-the-legal-landscape-of-revenge-porn/
Hackett, L. (2016). Cyberbullying and Its Implications for Human Rights | United Nations. the United Nations. Retrieved May 28, 2023, from https://www.un.org/en/chronicle/article/cyberbullying-and-its-implications-human-rights
Mak, L. (2023, March 6). Revenge Porn: How to Fight Back and Prevent It. VPNOverview.com. Retrieved May 28, 2023, from https://vpnoverview.com/internet-safety/cybercrime/revenge-porn/
Munir, A., Prihatin, P. S., & Junaini, W. (2021). The Reality Of Multiple Victims In Case Revenge Porn. Journal of Government, Social and Politics, 7(2), 12-19. https://doi.org/10.25299/jkp.2021.vol11(2).8982
Wishinta, A. Y., & Suroso, I. (2022). Legal Protection Against The Revenge Porn Victims. ACITYA WISESA (Journal of Multidisciplinary Research), 1(3), 65-75. https://journal.jfpublisher.com/index.php/jmr/article/view/162
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