PROBLEMATIKA KUALIFIKASI TINDAK PIDANA KEKERASAN SEKSUAL BERBASIS AVATAR DI METAVERSE DALAM SISTEM HUKUM PIDANA INDONESIA

Abstract

The rapid development of digital technology has given rise to the metaverse as a three-dimensional virtual interaction space that enables individuals to conduct social activities through digital representations known as avatars. Alongside this advancement, new forms of crime have emerged, including sexual violence committed through avatar-based interactions. This phenomenon raises legal issues concerning the qualification of such conduct as a criminal offense under Indonesian criminal law and the urgency of its regulation. This study aims to analyze whether avatar-based sexual violence in the metaverse can be classified as a criminal act and to assess the necessity of specific legal regulation. This research employs a normative legal research method using statutory and conceptual approaches. The analysis focuses on criminal law provisions, legal doctrines, principles of criminal liability, and the concepts of actus reus and mens rea in virtual sexual violence cases. The findings indicate that avatar-based sexual violence fulfills both the elements of conduct and fault, thereby conceptually qualifying as a criminal offense. However, Indonesian positive law has not explicitly regulated sexual violence in the metaverse, resulting in a legal vacuum and uncertainty in law enforcement. Therefore, specific regulation is urgently needed to ensure legal certainty and effective protection for victims