Analisis Urgensi Perlindungan Korban Sekstorsi Berdasarkan Hukum Internasional dan Hukum Nasional Indonesia

Abstract

Sexual extortion is the act of threatening someone with explicit videos or photos in order to obtain either sex materials or continued sex materials. Sextortion is a human rights violation that can be seen from the aspect of extortion and the distribution of explicit images as a threat and has an impact on the rights of victims who are violated and their dignity is degraded. Indonesia is ranked as the country most vulnerable to sextortion with a percentage of 18% in 2020. The problems in this study are: (1) How is the protection of human rights for victims of sextortion which is a cybercrime according to international law, (2) How is the protection in Indonesian national law for victims of sextortion, and (3) How is the comparison of international law and Indonesian national law related to the legal protection of victims of sextortion. The research method used is normative juridical. The data source used is secondary data. Data collection techniques and tools are library studies with document studies. The data analysis used is qualitative data analysis. This research concludes that international human rights law protects victims of sextortion through various instruments, including the UDHR, CRC, ICCPR, CEDAW, ICESCR, and the Beijing Declaration. The CAT serves as a complementary mechanism for this protection. Victim protection is a state responsibility, as the sovereign entity, to ensure the safety of those involved in sex work. As the highest sovereign power, the state certainly possesses laws to protect its citizens. In Indonesia, the protection of sex work victims is addressed through the Human Rights Law, Pornography Law, Criminal Offences of Sexual Violence Law, Personal Data Protection Law, ITE Law, the Witness and Victim Protection Law and Child Protection Law. Although these laws do not explicitly regulate sexual extortion, they facilitate the protection of its victims through their existing provisions.