Non-Consensual Intimate Image as Relation-Based Violence After A Breakup
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Nonconsensual intimate image (NCII) abuse constitutes a form of technology-facilitated violence that may persist after an intimate relationship ends, particularly when a former partner uses intimate images or videos to threaten, intimidate, or exert control over a victim. This study examines legal protections for victims of NCII abuse, particularly women, in the context of post-breakup relationship-based violence. It employs normative legal research using statutory, conceptual, and limited comparative approaches, with Australia serving as the comparative jurisdiction. Legal materials are analyzed qualitatively and prescriptively using Philippe Nonet and Philip Selznick's theory of responsive law and a gender-sensitive victim protection perspective. The normative analysis identifies relevant legal protections under Indonesia's Law on Sexual Violence Crimes, the Electronic Information and Transactions (ITE) Law, as amended by Law No. 1 of 2024, and related regulations. Article 27(1) of the amended ITE Law may apply to the distribution, transmission, or provision of access to electronic information or documents containing material that violates public decency, provided that the statutory elements are satisfied and the circumstances of the individual case support its application. A comparative examination of Australia's Online Safety Act 2021 identifies a dedicated regulatory framework addressing the nonconsensual sharing of intimate images and threats to share such material, including mechanisms for issuing removal notices. The study concludes that effective legal protection for victims requires an integrated framework encompassing preventive safeguards, enforcement measures, the removal of nonconsensually shared intimate content, and victim recovery. Such a framework should prioritize victims' rights, needs, and safety while ensuring compliance with the principle of legality.
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