Review Paper
Year: 2023 | Month: July | Volume: 10 | Issue: 7 | Pages: 639-649
DOI: https://doi.org/10.52403/ijrr.20230775
Law Enforcement of the Crime of Sexual Harassment with the Staycation Mode Against Women Labor
Rizkan Zulyadi1, Muhammad Citra Ramadhan2, Fitri Yanni Dewi Siregar3
1,2,3Faculty of Law, Universitas Medan Area, Medan Indonesia
Corresponding Author:Rizkan Zulyadi
ABSTRACT
Crimes of decency or moral offenses and sexual harassment are two forms of violations of decency which are not only a matter of national law in a country but are already a legal problem in all countries in the world or a global problem. Broadly speaking, sexual harassment can be classified into 2 (two) forms, namely physical or non-verbal sexual harassment and verbal. This study aims to determine the regulation of non-physical sexual harassment according to the Law on the Crime of Sexual Harassment and the law enforcement of criminal acts of sexual harassment with the staycation mode of female workers as a condition for extending work contracts. This study uses a normative legal research method that examines how the legal arrangements regarding non-physical sexual harassment are based on the Criminal Code, the ITE Law, the Pornography Law and based on the Sexual Violence Law. The results of the study show that cases of alleged sexual violence with the staycation mode or staying with the boss as a condition for contract renewal can be categorized as acts of sexual exploitation and/or acts of decency that are contrary to the will of the victim in the event that the victim has been tricked by the perpetrator into committing an act that violates decency. As stipulated in Article 5 UUTPKS that non-physical sexual acts aimed at the body, sexual desire, and/or reproductive organs with the intention of demeaning a person's dignity based on sexuality and/or decency, shall be punished for non-physical sexual harassment, with a maximum imprisonment of 9 (nine) months and/or a maximum fine of Rp. 10,000,000.00. Stipulated in the Elucidation of Article 5 of the TPKS Law it is explained that "What is meant by non-physical sexual acts are statements, gestures, or activities that are inappropriate and lead to sexuality with the aim of humiliating or humiliating. Therefore, cases of sexual harassment using the staycation mode must be stopped, including violations of other workers' normative rights.
Keywords: Law Enforcement, Sexual Harassment, Staycation Mode,
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