The director of Jurnal Perempuan (Women Journal) Abby Gina Boang Manalu says (10/9) that sexual violence is becoming an increasingly critical issue every year as cases increase. Abby says that there have been many actions by civil societies, the State and all parties yet they all need to come together to deal with the issue. They all want to ensure that the policy is implemented well.

The first session is by Ludwina Inge Nurtjahyo titles “The Fragile Wall of Protection: Legal Analysis with a Perspective on Addressing Sexual Violence in Digital Platform in Indonesia. There are so many intents and forms of violence nowadays. There are also groups that pay attention to these groups. Then the question is whether the regulation is effective in preventing sexual violence to happen in the digital space? The tru expectation is: whether the protection is adequate when people are starting to use the digital platform to learn?
Inge divides interaction in digital platform into:

- Physical interaction – limited in tie and space
- Border between private and public
- Digital interaction – its limits?
- break-in in private space, sexual violence and data theft.

The existing regulations is similar to paper, stone, or scissor game?
1. Law No. 27 Year 2022 on Protection of Private Data.
2. Law No. 12 Year 2022 on Sexual Violence Acts
3. Law No. 44 Year 2008 on Pornography – exists long before sexual violence cases in digital platform emerge and this law potentially criminalises victims of sexual violence in digital platform
4. Law No. 11 Year 2008 on Digital Information and Transaction.

Problem: how the State perceive sexual violence victims’ position in the digital space through its legal apparatus/regulation or sexual violence in the specific context of Indonesia? What perspective would come forward strongly in that regulation? Then what would be the consequences for victims of sexual violence in this instance

Focus: the discussion is about Non-Consensual Disemination of Intimate Image (NCII) because the relevant regulation is related to the sexual violence law, the information and electronic transaction law, and pornography law.

Perception in regulation 1.
Article 14 point (1) of sexual violence law regulates that actions:
- to take pictures or screenshots of intimate content or sexual content without consent
- to transmit electronic information and/or documents with sexual content without the consent of the person receiving the message and with the aim of fulfilling the sender’s sexual desire.
- to stalk and/or trace a person to get electronic information or document with sexual objective. CAN BE PROSECUTED
Perception and Regulation 2.
Article 14 (2) Sexual Violence Law regulates that if the above acts are committed with the intension of:
- to squeeze or threat
- to pervert and/or manipulate someone to do something, to let an act being done, or to not do anything. That act CAN BE PROSECUTED.
Perception and Regulation 3
Law No. 27 Year 2022 on Protection of Private Data Article 4, regulates that private data consists of specific private data that is general in nature. In the context of victims of sexual violence in a digital space, where victims’ data becomes widespread without protection without the consent of the victims of sexual violence, then their private data protection should be inherent in Article 4 point (1) of the Law, particularly in relations to specific private data. But how should one interpret this private data?
Implementation and Consequences
- The problems in the implementation of sexual violence law relates to NCII – the issue of intent, consent, and prove? The definition of consent and how to find proves of online money borring scheme using intimate content vs NCII case in Pandeglang .
- The problems in the implementation of the sexual violence law when dealing with pornography law and moral norm – Nona case
- Additionally, the complexity of regulation in the criminal law (old and new)
Challenges
The chalenges we face in sexual violence in digital space and in particular NCII are:
- The choice of regulation and the interpretation by law enforcement agency (sexual violence or pornography)
- Protection of private data (including data about those making the report, those being reported, and family)
- Issues regarding prove
- Digital literacy in community
- Monitoring and evaluation of sanctions being given. (Ast)

The second resource person, Tracy Pasaribu from the Ministry presents about the way to set up “Safe Space” for indigenous women and sexual violence in indigenous women.

The Partnership collaborate with 10 CSOs in seven provinces and 13 districts and 42 villages, as well as with the Anthropology Laboratory (Laboratorium Antropologi or Laura) of Gadjah Mada University for the ethnography research.

The Partnership also encourages testimonies from marginal and vulnerable groups such as indigenous communities. The overall umbrella is social inclusion which starts with data, where exclusions happen in indigenous communities and must be confronted, just like what CSOs do.|

The Partnership has the assumptions and logical framework. But in a number of areas, there emerge indigenous women talking about their experience with gender-based violence and sexual violence. Program proceeds with a focus on indigenous forest advocacy, recognition of indigenous communities, and basic services: the need for health education, then the Partnership finds that it can learn from issue to better understand ways to deal with gender-based violence and sexual violence.

In indigenous communities, there are very sensitive layers and in discussing these, the partnership set up a work plan, and then meet those tasked with community accompaniment, and discuss sexual violence.

The Partnership also consults ms. Inge (the first resource person). There is then time with Jurnal Perempuan Lantas (Women Journal) that suggests the idea of an ethnographic research for the Partnership to understand indigenous women’s ideas or indigenous people’s ideas about sexual violence and what forms of sexual violence exist. "When we conduct the research and collect secondary data we realise that there is very little research in indigenous communities and about the root causes. This is what the Partnership finally decides to collaborate with Laura for the research," terang Tracy.

Tracy menambahkan tujuan penelitian untuk mengetahui gambaran bentuk-bentuk kekerasan seksual dan akar masalah dari sisi pandang komunitas adat, khususnya, perempuan adat itu sendiri. Lokasi penelitian ada tiga Desa Wanggameti (Sumba Timur), Desa Malacan (Kepulauan Mentawai) dan
Komunitas etnis Tionghoa-Cina Benteng, (Tangerang) dan dilakukan dari September hingga November 2023.

Three researchers from Laura Gadjah Mada University stay for three months in respective community.

There is already a research whose results has been disseminated in a venue in Jakarta in early 2024, and the finding suggests that it takes 3 to 4 hours to travel by car to the indigenous community in Wanggameti Village (more time would be needed if one travels in November). Public transport from Waingapu to Wanggameti would take 21 hours if one start at 1 a.m. and arrive at location at 9 p.m.. Conversely, travel from Wanggameti would take 14 hours if one starts from 11 a.m. and arrive in Waingapu at 1 a.m. the next day. The location is far from the city: hilly, rural, winding roads, and not all roads covered in asphalt, and much is rocky. (To be continnued)