The Urgency of Regulation in the Case of Online Gender-Based Violence in Indonesia

: The National women's commission 2020 Annual Notes noted a new type of violence against gender, namely cyber-based or online gender violence. These cases of violence have continued to increase over the past six years, an increase of 300% in Online Gender-Based Violence (OGBV) compared to the 2019. The OGBV case was found on various popular social media platforms. The most common incidents occurred on Facebook, where 39% of women experienced harassment. This figure is then followed by Instagram (23%), Whatsapp (14%), Snapchat (10%), Twitter (9%), and TikTok (6%). This study uses a quantitative approach. The data collection technique used was the survey data collection technique with the self-administered questionnaire method. The number of respondents are 109 respondents. The result of this study is that online gender-based violence is influenced by two factors, namely regulatory factors that are still unable to protect women in social media and social factors that have been cultured. There is a perspective that views women as having a weaker position than men. These two factors are the most significant in promoting online gender-based violence in Indonesia. Based on this study's results, the authors recommend the government immediately issue regulations regulating violence against women, especially violence in online media.

more likely to attack sexual needs and, and the threat of violence given was also more gender-based, namely rape. 6 In contrast, the majority's statements of violence against men were limited to arguments and opinions.
The National women's commission 2020 Annual Notes noted a new type of violence against gender, namely cyber-based or online gender violence. These violence cases have continued to increase over the past six years, an increase of 300% in Online Gender-Based Violence (OGBV) compared to the 2019. 7 National women's commission states that this type of violence has a pattern of violence that is increasingly complicated because it occurs in the digital realm-starting from character assassination to sexual harassment through cyberspace attacks. 8 The impact of OGBV is the same as sexual violence in the real world; the effect is immediate and long-term on the victim. 9 The perpetrator is challenging to detect. Indonesia's response and legal protection are also inadequate because it is simplified in the Law on Information and Electronic Transactions.
Law exists as a tool that can control people's lives from all deviant aspects, whether it is in the form of crimes or violations. Thomas Hobbes argues that the law's purpose is to create social order since then the order is seen as something absolute that law must make. One type of crime that is often found that disturbs social order is violence. 10 Violence is identical to physical behavior. Besides, violence is all forms of both verbal and non-verbal behavior committed by a person or group against a person or group, causing adverse effects physically, emotionally, and psychologically to those who are their targets. 11 Violence refers to behavior against the law, either in threats or actual action, and has consequences for property or physical damage or death results. Violence can be based on the social identity inherent in a person. This is because there is a feeling of superiority compared to victims who are considered weaker and helpless. 12 During a patriarchal culture, gender becomes a social identity that makes a person experience violence. 13 Harassment against women online takes many forms. Southeast Asia Freedom of Expression Network (SafeNet) launched an introductory guide to the modes and types of OGBV. This guide covers a variety of online activities that count as forms of harassment. Harassment, which is commonly known, comes in harsh comments, hate speech, and sexual and physical violence threats. Another form is damage to reputation or credibility, such as creating or manipulating fake content and stealing identity and impersonation. 14 Besides, in the realm of non-consensual pornography, victims can receive various forms of non-consensual online content from either known people or strangers or also have their sexual photo or video content spread without consent in cases often referred to as cyber or revenge porn. Surveillance and surveillance cases such as stalking using GPS or spyware without permission are also included in OGBV. Besides, doxing or extracting and distributing personal information without consent for malicious purposes and intimidation is also a form of harassment often found.
The OGBV case was found on various popular social media platforms. The most common incidents occurred on Facebook, where 39% of women experienced harassment. This figure is then followed by Instagram (23%), Whatsapp (14%), Snapchat (10%), Twitter (9%), and TikTok (6%). 15 Research shows that one in five girls have stopped or reduced their use of social media after such attacks, while one in ten changed how they express themselves online as a form of self-protection. 16 The most common types of attacks are abusive language and insults. Abusive language and insults occurred in 59% of respondents. Body shaming and threats of sexual violence also afflict 39% of the respondents. Attacks against ethnic minorities laden with racism as well as the LGBTIQ+ community themselves are much higher. 17 The novelty in this study is that the authors evaluate various factors to analyze the phenomenon of Online Gender-Based Violence. This article uses internal factors (such as individual factors) and external factors such as (social factor) to analyze the phenomenon of Online Gender-Based Violence. In addition, this article also analyzes other factors that are considered important, namely regulatory factor

B. Sexual Violence and Online Gender-Based Violence
Sexual violence develops following the dynamics of information technology in this digital era. According to the social media users, the preexisting forms of sexual violence can still be found, even more varied. 18 Sexual violence in cyberspace is detrimental to the victim. In the Law on Electronic Information and Transactions (UU ITE), 19 the right to protect personal data has been guaranteed. 20 There is a prohibition against actions that harm the owner of personal data. However, there are no regulations that specifically protect victims of sexual violence in cyberspace, so that in many cases, the weak protection of personal data leads to sexual violence. It is not uncommon for articles in the ITE Law to be used to criminalize. 21 There are three factors at the root of the problem of sexual violence: first, the individual factor is the offender's psychological aspect. Second, the social factors are more of a cultural aspect adhered to by the community, and the third __________ 16 Prameswari, Hehanussa, and Salamor. 17 Prameswari,Hehanussa,and Salamor. 18  is the regulatory factor itself. Thus, sexual violence can be prevented by changing individuals' and communities' mindsets through family institutions and other institutions outside the family. 22 Gender-based violence (GBV) refers to the definition of the United Nations High Commissioner for Refugees (UNHCR), is direct violence against a person based on sex or gender. 23 This includes acts causing physical, mental, or sexual harm or suffering, threats to such actions, coercion, and liberty elimination. Online gender-based violence (OGBV) or technology-facilitated GBVs, just like gender-based violence in the real world, must have the intention or intention of harassing victims based on gender or sexuality. 24 If not, then the violence falls into general violence online.
The National women's commission has terminology for BEC cases in cyberspace with the term cyber-based Violence against Women (KtP), 25 namely cybercrimes with female victims who often have contact with women's bodies which are used as pornographic objects. One form of crime often reported is the distribution of personal photos or videos on social media or pornographic websites. The following are some of the activities that can be categorized as OGBV: 26 a. Privacy breach 1) Access, use, manipulate and distribute personal data, photos, or videos, as well as personal information and content without your knowledge and your consent. 2) Doxing or extracting and disseminating someone's personal information, sometimes to provide access for other malicious purposes, such as harassment or intimidation in the real world. b. Supervision and monitoring 1) Monitor, track and supervise online or offline activities using spyware or other technology without consent, 2) Using GPS or other geo-locator to track the movement of the target, 3) Stalking or stalking.

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c. Damage to reputation/credibility 1) Creating and sharing wrong personal data, 2) Manipulate or create fake content, 3) Stealing identity and impersonation, 4) Spread personal information to Damage someone's reputation, 5) Making offensive, disparaging, or other false comments or posts to tarnish someone's reputation (including defamation).
d. Harassment (which can be accompanied by offline harassment) 1) Online harassment, repeated harassment through unwanted messages, attention, and contact, 2) Direct threats of sexual or physical violence, 3) rude comments, 4) Hate speech and posts on social media targeting specific gender or sexuality, 5) Incitement to physical violence, 6) Online content that depicts women as sexual objects ,  7) The use of indecent images to demean women, 8) Abusing, humiliating women for expressing non-normative views. h. Social Alienation. Victims/survivors withdraw from public life, including family and friends. This was especially true of women whose photos and videos were distributed without their consent who felt publicly humiliated and ridiculed.
i. Economic Loss. The victims/survivors become unemployed and lose their income.
j. Limited Mobility. Victims/survivors lose the ability to move freely and participate in online and offline spaces. k. Self-Censorship. Out of fear of further victimization and losing confidence in the security of using digital technology, removing oneself from the internet has different implications beyond self-censorship, such as cutting off access to information, electronic services, and social or professional communication.
Apart from the impact on individuals, the main consequence of online gender-based violence is creating a society in which women no longer feel safe online and offline. 28

C. Research Framework and Methodology
This type of research conducted by the author is a quantitative approach. The data collection technique used was the survey data collection technique with the self-administered questionnaire method, namely the questionnaire distribution method directly to the respondent, even beforehand giving directions and preliminary information about the questionnaire filling process. To distribute the questionnaire, the researcher went straight to the respondent who was following the research object. The population of this study was female Indonesian citizens. Distribution questionnaires that we conducted, as many as 109 questionnaires were returned and completed by the respondents. Furthermore, we analyzed the questionnaire results using the SmartPLS 3.0 software. The hypothesis in this study is described in Figure 1.

D. Result and Discussion
Hypothesis testing between variables, namely exogenous variables to endogenous variables (γ) and endogenous variables to exogenous variables (β) is done with the bootstrap resampling method after knowing the validity and reliability of the data. The test statistic used is the t statistic or the t-test. The comparative t value in this study was obtained from t-table. The test was declared significant if the T-statistic was> 1.96 and the value of P values <0.05 30 . Hypothesis testing is done by looking at the output path coefficient of the bootstrap resampling results can be seen in Figure 2   The Figure 2 shows the results of the research hypothesis test. The results that appear in this image are explained further below a. Hypothesis 1 Test Results The first hypothesis test in this study are Ha: Regulation factors has a significant significant influence on online gender-based violence di Indonesia Ho: Regulation factors has not a significant significant influence on online gender-based violence di Indonesia The Bill on the Elimination of Sexual Violence was formed based on the absence of a legal regulation in Indonesia that guarantees specific protection for cases of sexual violence. The Bill on the Elimination of Sexual Violence responds to the emergency of sexual violence and improves its handling. It is more humane and dignified (which is a universal principle of all religions). The People's Representative Council's decision to kick the Draft Law on the Elimination of Sexual Violence (RUU PKS) from the 2020 priority national legislative process was for reasons of difficult discussion, increasingly characterizing that the law-making process became a political arena full of interests. It also illustrates the law's excessive political determination in the formation of rules in the parliamentary. The political process in the People's Representative Council is indeed a common thing because the representative system in Indonesia also uses a party system that is sure to carry interests. Especially in a positivistic framework, the law is a crystallization of interacting and even competing political wills. Or put, the law created by the People's Representative Council is a political product.
The absence and delay of legal umbrella priorities protecting victims of sexual violence is an act of neglect and violates women's constitutional rights as citizens guaranteed by law. If negligence, carelessness, violations, whether intentional or not, continue to be committed, then the state can be said to have acted unconstitutional, not guaranteeing freedom for women as citizens to be away from fear and discrimination.
The Plan International survey shows that these women expect various changes to combat this problem, from education on OGBV to legal and government interference and the importance of reporting mechanisms through social media platforms. Facebook and Instagram themselves say they monitor abuse reports and use a program to search for bullying content. Twitter also says it uses technology to stop abusive content, although a study reports that the tool developed by Twitter is ineffective at stopping abuse. 35

b. Hypothesis 2 Test Results
The second hypothesis test in this study are: Ha: Individual factors has a significant significant influence on online gender-based violence di Indonesia Ho: Individual factors has not a significant significant influence on online gender-based violence di Indonesia  Table 2 shows that individual factors do not significantly affect the number of online gender-based violence in Indonesia. This phenomenon indicates that online gender-based violence does not originate from individuals or individuals but is more influenced by external factors. These external factors include regulatory factors, social factors, environmental factors, or even society's mindsight in general, which are cultured and considered commonplace. This cultural mindset is also closely related to how society views and views the inequality between men and women (gender bias).
Theories regarding gender are dominated by a tradition of violence perpetrated by men. The assumption about gender bias implicitly states that most violent perpetrators are primarily men. 36 Gender-biased violence says that men have a greater chance of committing violence against women. This can be seen in several studies that reveal that men must have a higher status than women who are their partners. 37

c. Hypothesis 3 Test Results
The third hypothesis test in this study are: Ha: Social factors has a significant significant influence on online genderbased violence di Indonesia Ho: Social factors has not a significant significant influence on online gender-based violence di Indonesia  Table 3 shows that social factors significantly influence the number of online gender-based violence in Indonesia. This social influence is closely related to the community perspective. Online-based violence is sometimes motivated by issues of gender equality because of the solid patriarchal culture of the people. Radical feminists claim that the patriarchal system is what causes women to be suppressed. The partition system is a system that has a powerful, dominant, hierarchical, and competitive character. 38 The male domination system is robust in this news so that women are free to marginalize.
If gender bias always occurs in society, it can be predicted that onlinebased violence will happen in the community. Conversely, if gender bias does not appear in society, it can be expected to affect the reduction or absence of online-based violence in the community.

E. Conclusion
Online gender-based violence is influenced by two factors, namely regulatory factors that are still unable to protect women in social media and social factors that have been cultured, that there is a perspective that views women as having a weaker position than men. These two factors are the most significant in promoting online gender-based violence in Indonesia.
The study's recommendation is to revise the ITE Law so that victims of sexual violence in cyberspace can receive protection and perpetrators cannot criminalize victims. Sexual violence in cyberspace is a part of sexual violence in general, a particular law is needed to regulate the elimination of sexual violence. So, there is a solid legal basis for preventing and dealing with acts of sexual violence, including sexual violence in cyberspace while protecting the victim. Besides, the Law on the Elimination of Sexual Violence's ratification is one solution to create strict rules for perpetrators of online-based sexual harassment in Indonesia. In reducing cases of online gender-based violence, responsive regulations are needed to protect victims.
The existence of the Law on the Elimination of Sexual Violence is a form of community need for a responsive law. Phillipe Nonet and Philip Selznick expressed their view that responsive Law is a facilitator or means of responding to social needs and aspirations. This means that three aspects represent this opinion: 1) in the manufacturing process, it absorbs the widest possible ambitions. 2) the reflection of the Law's content is to describe the general will and aspirations of the community. 3) The content's scope is detailed, regulates matters clearly, and is sufficiently clear not to be interpreted unilaterally.
In this context, responsive Law will characterize two things: 1) the Law must be functionally pragmatic, purposeful, and rational. 2) the goal is to set a standard for criticism of what is working; the goal is the norm of criticism. These two characteristics must be translated and used as standards for binding regulations and must be obeyed by all Indonesian people. [s]