CONDITIONAL CONSENT AND THE ELIMINATION OF SEXUAL VIOLENCE IN INDONESIA

Abstract In various studies, sexual consent is considered an important aspect, especially as one of the determining factors in cases of sexual violence. As a concept in criminal law, many countries have recognized the role of consent in sexual violence. With the increasing number of types of sexual violence such as stealthing, a new concept has emerged in criminal law known as conditional consent in sexual relations. Countries such as the United Kingdom and the United States have experience in handling cases of violation of conditional consent in sexual relations. This research wants to respond to whether violation of conditional consent in sexual relations is a criminal offense. This research was conducted using an empirical juridical method that describes the violation of sexual relations with conditions. Unfortunately, through the data collected and interviews with respondents, it was found that there are various key roles in placing certain conditions on sexual consent. If these conditions are violated, such actions will alter and undermine the consent given. Research also found that women have special vulnerabilities. However, in terms of criminal elements, violation of conditional consent is not a criminal act of sexual violence in Indonesia. One of the weaknesses is that conditional consent is not a criminal element in the Sexual Violence Crime Law (TPKS Law) and there is no provision in the Criminal Code in Indonesia. The TPKS Law does not specifically regulate the concept and paradigm of sexual consent with conditional consent and does not regulate the criminal provisions against it particularly. In the end, the individual who victims of the prerequisite consent in having sexual intercourse are not protected.