PENGATURAN DAN PENANGGULANGAN TINDAK PIDANA PENGUNTITAN DI INDONESIA (STUDI KOMPARASI)

Abstract

Stalking, when understood through various concepts, refers to the act of persistently following someone, resulting in fear for the individual being targeted. In Indonesia, the legal framework addressing stalking is outlined in Article 493 of the Criminal Code, categorized under offenses. Conversely, South Korea has specific legislation known as the Act on Punishment of Crime of Stalking dedicated to this crime. The aim of this study is to examine and contrast the laws and penalties related to stalking offenses in both Indonesia and South Korea, focusing also on the preventative measures within the criminal justice systems during the investigation phase in both countries. This research employs a normative legal methodology, incorporating legal, conceptual, and comparative perspectives. The findings reveal both distinctions and commonalities in the elements and legal repercussions associated with stalking in Indonesia and South Korea. Specifically, Indonesia addresses stalking only in public spaces, such as streets, whereas South Korea’s definition encompasses both public and private areas, including the victim's home, educational institutions, workplaces, and other places of daily life. The criminal justice frameworks of Indonesia and South Korea are generally aligned, progressing through stages of investigation, prosecution, trial, and sentencing. However, the main difference in South Korea lies in the terminology used for investigations. During the investigative phase, they implement specific actions for offenders, including emergency response measures, urgent emergency provisions, and temporary interventions.