Perlindungan Korban Pelecehan Seksual di Dunia Metaverse Tinjauan Hukum Positif Indonesia dan Hukum Pidana Islam

Abstract

Sexual harassment occurring in the Metaverse has created a legal vacuum in Indonesia, resulting in the absence of clear legal protection for victims. This study aims to explain the challenges of victim legal protection and to formulate an integrated legal protection model that combines positive criminal law and Islamic criminal law. Using doctrinal research with statutory, conceptual, and comparative approaches, the study is analyzed prescriptively to produce legal policy recommendations. The findings indicate that the current Indonesian legal framework—namely Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law), Law No. 44 of 2008 on Pornography, and Law No. 12 of 2022 on Sexual Violence Crimes (TPKS Law)—has not yet been able to comprehensively prosecute perpetrators of sexual harassment in the Metaverse, resulting in inadequate protection for victims. The ITE Law, the Pornography Law, and the TPKS Law remain insufficient in comprehensively addressing perpetrators and safeguarding victims of sexual harassment within virtual environments. The implication of this research is the formulation of a transformative legal protection model through the establishment of norms addressing violence in cyberspace, synchronized with positive law and justified by the principles of ta'zir in Islamic criminal law. The proposed cyber-violence norms are designed in accordance with ta'zir principles, wherein the determination of sanctions is entrusted entirely to the authorities (ulil amri) to punish perpetrators and protect victims while prioritizing the public interest (maslahah mursalah).