PERLINDUNGAN HUKUM BAGI KORBAN PELECEHAN SEKSUAL DI TEMPAT KERJA BERDASARKAN HUKUM INDONESIA

Santoso, Vivian (2022) PERLINDUNGAN HUKUM BAGI KORBAN PELECEHAN SEKSUAL DI TEMPAT KERJA BERDASARKAN HUKUM INDONESIA. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The inequality of regulations regarding sexual harassment with the high incidence of sexual harassment in the workplace is very detrimental to the victim. Therefore, legal protection for victims of sexual harassment needs to be improved in order to provide security, welfare, and justice for the community and victims of sexual har- assment. This study aims to understand the differences between sexual violence and sexual harassment under the law in Indonesia, as well as to identify and examine the legal protection for victims of sexual harassment in the workplace in Indonesia, especially under the PKS Law. The types of research used are normative and em- pirical legal research. The data collection method used is literature and document studies, by reviewing laws and regulations relating to legal protection for victims of sexual harassment, especially those that occur in the workplace. The research approaches used are a legal approach and a conceptual approach. This study uses data analysis methods and descriptive interviews with qualitative analysis. Based on the results of the study, the basic difference between sexual violence and sexual harassment is that an act of sexual harassment must be an act of sexual violence. While acts of sexual violence do not necessarily include sexual harassment. This is because acts that include sexual violence are more diverse in scope. Based on the regulations contained in the Criminal Code, shows that the act of sexual harass- ment is also a crime that can be threatened by imprisonment. Therefore, both sexual violence and sexual harassment are crimes that are punishable by imprisonment. In Indonesia, there are already preventive and repressive legal protections for vic- tims of sexual harassment in the workplace. Legal protection for victims of sexual harassment is provided comprehensively, starting from the trial process and ending with the psychological recovery of the victim. Victims of sexual harassment are entitled to restitution as a form of compensation for the losses suffered by the victim.

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