The Effectiveness of Imprisonment as a Criminal Sanction for Non-Physical Sexual Harassment

Abstract

This paper aims to analyze the effectiveness of imposing prison sanctions on non-physical sexual harassment crimes. The problem to be discussed is related to non-fiction sexual harassment which is not explained in Article 5 of the Sexual violence law (TPKS Law). In addition, there are problems regarding the provision of imprisonment for non-physical sexual harassment crimes where it causes overcrowding in prisons/detention centers. To answer the purpose of this paper, normative legal research is used using a statutory and conceptual approach. The results of the study revealed that the non-physical sexual harassment referred to in Article 5 of the TPKS Law is an act in the form of whistling, exclaiming, giving sexual comments that are carried out repeatedly and sexual intention with the aim of degrading a person's dignity. In addition, the provision of prison sanctions for sexual harassment crimes causes an excess of capacity in prisons or detention centers so that the provision of prison sanctions is deemed less effective. Hence, there is a need for new efforts to resolve non-physical sexual harassment.