THE ROLE OF JUDGES IN HANDLING ONLINE GENDER-BASED VIOLENCE (OGBV) CASES IN INDONESIA

Abstract

The phenomenon of Online Gender-Based Violence (OGBV) is increasing along with the development of digital technology, which provides new spaces for violence against women in the cyber realm. This research aims to analyze the form of legal protection for OGBV victims from the perspective of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). The research method used is normative juridical with a statutory, conceptual, and case approach. The results of the research show that the UU ITE has provided a legal basis for taking action against perpetrators of distributing content containing elements of indecency and defamation, but it is not yet sensitive to the gender context and power relations in digital violence. Meanwhile, the UU TPKS has provided more comprehensive protection by regulating forms of electronic-based sexual violence and guaranteeing the rights of victims to protection, recovery, and legal assistance. However, there are still obstacles in implementation, such as the lack of capacity of law enforcement officials, difficulties in digital evidence, and a lack of understanding of the concept of OGBV as a violation of human rights. The conclusion of this research affirms that legal protection for OGBV victims has a sufficiently strong normative basis, but needs to be strengthened through regulatory harmonization, increased capacity of law enforcement, and strengthening of public digital literacy