PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU CATCALLING SEBAGAI BENTUK PELECEHAN VERBAL DI RUANG PUBLIK DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

Abstract

Catcalling is a prevalent form of verbal sexual harassment occurring in public spaces across Indonesia, yet for a long time it lacked adequate criminal law regulation. This study aims to identify and analyze the regulation of Indonesian criminal law regarding catcalling as a form of verbal harassment in public spaces, as well as to analyze the form of criminal liability applicable to its perpetrators from the perspective of Indonesian criminal law. This research employs a normative legal research method using the statute approach, conceptual approach, and case approach, drawing on secondary data derived from primary, secondary, and tertiary legal materials, supported by empirical data in the form of official surveys and statistics on sexual harassment in public spaces. The data were analyzed qualitatively using a prescriptive method. The findings indicate that the criminal law regulation of catcalling has developed through three regulatory phases: the old Criminal Code (KUHP), which did not specifically address catcalling; Law Number 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS), which through Article 5 explicitly criminalizes non-physical sexual harassment; and Law Number 1 of 2023 concerning the New Criminal Code, which strengthens general decency offenses. Nevertheless, normative gaps remain, including the relatively light criminal sanctions and the classification of Article 5 of the UU TPKS as a complaint-based offense. The criminal liability of catcalling perpetrators can be coherently constructed through the fulfillment of the elements of a criminal act, capacity for criminal responsibility, fault in the form of intent (dolus), and the absence of justifying or excusing grounds. However, its practical implementation still faces obstacles such as evidentiary difficulties, limited capacity among law enforcement officers, and a persistent culture of victim blaming. This study recommends an integrated approach combining the strengthening of legal norms, the strengthening of law enforcement implementation, and non-penal measures to achieve effective legal protection for victims of catcalling in public spaces.