Sexual harassment occurs where many workers - where. In a work environment, on the way to and from work even when you get home. The form can kind of - kind, verbal and non - verbal
What is meant by sexual harassment?
Sexual abuse is any sexual act is not desirable, a request to engage in sexual acts, acts of verbal or physical or gestures of a sexual nature, or other conduct any sexual nature, which makes a person feel offended, humiliated and / or intimidated where that reaction is reasonable in the circumstances that exist, and those actions interfere with the work, made the job requirements or create a work environment that is intimidating, hostile or offensive.
In other words, sexual harassment is
Abuse of sexual behavior,
Request to perform a sexual act (invitation to engage in sexual acts, requests for a date).
What is meant by sexual harassment?
Sexual abuse is any sexual act is not desirable, a request to engage in sexual acts, acts of verbal or physical or gestures of a sexual nature, or other conduct any sexual nature, which makes a person feel offended, humiliated and / or intimidated where that reaction is reasonable in the circumstances that exist, and those actions interfere with the work, made the job requirements or create a work environment that is intimidating, hostile or offensive.
In other words, sexual harassment is
Abuse of sexual behavior,
Request to perform a sexual act (invitation to engage in sexual acts, requests for a date).
Verbal or physical conduct or movement depicting sexual acts, (the message display sexually explicit content in print or electronic forms (SMS, Email, Display, Poster, CD, etc)
Action towards unwanted sexual
recipient has stated that it is undesirable behavior;
recipient feel insulted, offended and / or depressed by the act; or
actors should be able to feel that it addresses (the victim) would be offended, humiliated and / or depressed by that action.
Physical behavior (such as touching, kissing, patting, pinching, or physical violence such as rape, etc.)
Degrading sexual attitudes (such as glance or stare at a person's body part).
Sexual harassment can lead to difficulties in the implementation of a given task or cause workers to feel himself working in a company that is not harmonious climate, which also can cause a risk to health and safety.
Anyone who may be victims of sexual harassment in the workplace?
Sexual harassment can happen to everyone. Both men and women can be victims or perpetrators of behavior that might be offensive, humiliating or intimidating is an objective test, based on the question of whether a reasonable person would be able to anticipate that such behavior can cause such effects.
This action can take place between the worker / supervisor and one other worker (vertical relationship) or between workers and workers (horizontal relationships), between employers and employees in contract or outsourced workers and between workers / providers with clients / third parties. For desired behavior is not to be repeated or continuous and can be a single incident can be a sexual harassment.
What types of sexual harassment?
Sexual harassment has various types. Broadly, there are five forms of sexual abuse are:
Physical abuse includes unwanted touching leads to sexual acts such as kissing, patting, pinching, lustful glance or stare.
Verbal abuse including verbal greeting / unwanted comments about the private life or part of a person's body or appearance, jokes and sexually suggestive comments
Harassment cues including body language and gestures, or sexually suggestive, cast who performed repeatedly, gesturing with finger and licking her lips
Written harassment or images including pornography material fi show, image, screensaver or sexual posters, or harassment through email and other electronic communications modes
Psychological abuse / emotional consists of requests and invitations are continuous and unwanted, a date which is not expected, insults or taunts of a sexual nature
How do I measure the level of fairness in sexual harassment in the workplace?
Measurement of fairness in sexual harassment can be seen if such behavior leads to sexual harassment resulting arise offended, embarrassed or afraid.
The main element in sexual harassment is any unwanted taste by the victim. In addition to the element of "undesirable" is, there are not polite actions that lead to sexual harassment and according to the custom in the workplace is something that can be regarded as sexual harassment.
While the action or interaction that takes place on the basis of consensual rather than something that is undesirable not constitute sexual harassment.
Is there a law in Indonesia regulating harassment in the workplace?
Indonesia has regulations governing the Act concerning the problem of sexual harassment in the workplace in general. However, there are no specific provisions governing the forms of sexual abuse, sanctions and ways to cope with sexual harassment, especially in the workplace.
In Law 13/2003 has provided protection for workers, namely in Article 86 paragraph (1) whose content is: every worker has the right to the protection of (a) the safety and health; (b) the moral and decency; and (c) treatment in accordance with human dignity and religious values.
A critical element of sexual harassment is the unwillingness or refusal on any forms of attention of a sexual nature. If action is not desired by the recipient of such actions, the actions that could be categorized as sexual harassment as stipulated in article fornication. Code of Criminal Law (Criminal Code) in general (Lex Generalis) can also be used as a foundation to the penalty as provided for in Article molestation 289-299. Regarding obscene acts in the workplace, especially when performed by superiors can we meet provisions of Article 294 paragraph 2 item 1 of the Criminal Code that is punishable with imprisonment of 7 (seven) years official who perform obscene acts with a person who because of the position is subordinate, or with people who entrusted the custody or handed over to him.
If I am the victim of sexual harassment, what should I do?
It is recommended that you should follow the steps below, each time you experience sexual harassment.
You need to explain to the perpetrator of sexual abuse that you do not want the sexual act / sexual act that annoy you
if you are shy or afraid to make a complaint for sexual abuse of an official nature, tell me and let the problem you are experiencing sexual harassment by some of your colleagues work together trustworthy.
If you want to file a complaint informally, you can report the incident to your supervisor or committee Unions in your company.
You can also make a formal complaint to your supervisor, and representatives of trade unions associated with the manufacture of the Collective Labour Agreement or to the Department of Labor. To file a formal complaint, you have three choices
a. Report the incident to the Union within your company
b. Report directly to the Department of Labor or Legal Aid
c. Reports directly to the Police
If you are not satisfied with the decision of the competent committee of inquiry (in your organization), you can appeal to the District Court.
If you are still aggrieved by the decision of the District Court, you can make representations to the Governor for justice.
* Options available appeal to all parties, namely, both the defendant and the victim can appeal the decision.
How to report sexual harassment in the workplace?
Of proof in criminal law is based on Article 184 of Law No. 8 of 1981 on Criminal Procedure ("Criminal Code"), using five kinds of evidence, namely:
witness testimony
expert testimony
letter
guidance
Description defendant.
So that, in case of sexual harassment, the evidence of the above can be used as evidence. For cases related to fornication or rape, usually using one of the documentary evidence in the form of a post mortem as stipulated in Article 187 of the Criminal Procedure Code and the letter c of Article 133 paragraph 1 of the Criminal Procedure Code.
Post mortem is a certificate / report from an expert on the results of the examination of something, for example to the bodies and others, and are used to proof at trial.
If the autopsy did not show any signs of violence, then you should look for other evidence that could prove the criminal act. In the end, the judge will decide whether the defendant is guilty or not based on the evidence in court
How can companies take precautions against sexual harassment occurring in the workplace?
Prevention is the most effective tool that can be used by employers to deal with sexual harassment in the workplace. Precautions include:
Communication: done with socialization about sexual harassment through EMC, LKS Tripartite and various print and electronic media.
Education: done through orientation programs and the introduction of the new staff, religious speech, or certain activities such as programmed.
Training: providing specialized training in supervisory and managerial level and coaches to identify the problems of abuse and prevention, training for Sexual Harassment Prevention Team.
Encourage companies to build commitment to the implementation of prevention of sexual harassment in the workplace, including sanctions and other disciplinary action in the presence of:
a. Company Policy
b. Working Agreement / Company / Joint Working Agreement
Dissemination of information on the policies and mechanisms for the prevention of sexual harassment to the workers and supervisors is essential. In addition, employers are expected to provide a program for workers / laborers and supervisors in order to be given education about sexual harassment. To that end, all parties must have a high awareness of the ways to create a productive work environment free of sexual harassment.
Both central government and local governments ensure the instructions on these guidelines and examples of policies to deal with sexual harassment in the company that can be accessed by employers. Meanwhile, employers need to include information about sexual harassment in orientation programs, education and training for workers / laborers. While the Union should convey information about sexual harassment in educational programs and training in the possession of members.
What should we do to prevent sexual harassment?
Before you go to work, we will be given a Letter of CLA and Regulation company. READ good - good! Usually in a written company policy clear rules regarding sexual harassment (the notion of what constitutes sexual harassment, grievance procedures, and sanctions to be imposed on the perpetrators, assistance can be obtained victim and assurance that the complaint be confidential) .
Dare to say NO to any solicitation of sexual connotation.
There are times when men - men moved to sexual harassment as women. So make sure you wear decent clothes and closed while working, use polite language in speaking, do not engage in activities that invite the men to commit sexual abuse.
When abuse has occurred record all communications (sms, mail, phone logs), time, place, witnesses. Report to the competent authority in the company. If no response / reaction, report it to the authorities / police.
source:
International Labor Organization (ILO): Guidelines on Sexual Harassment in the Workplace.
Act No. 13 of 2003 on Labor.
Law No. 8 of 1981 on Criminal Proceedings
Code Penal Code (Wetboek van Strafrecht, 1915 in Government Gazette 73)
Action towards unwanted sexual
recipient has stated that it is undesirable behavior;
recipient feel insulted, offended and / or depressed by the act; or
actors should be able to feel that it addresses (the victim) would be offended, humiliated and / or depressed by that action.
Physical behavior (such as touching, kissing, patting, pinching, or physical violence such as rape, etc.)
Degrading sexual attitudes (such as glance or stare at a person's body part).
Sexual harassment can lead to difficulties in the implementation of a given task or cause workers to feel himself working in a company that is not harmonious climate, which also can cause a risk to health and safety.
Anyone who may be victims of sexual harassment in the workplace?
Sexual harassment can happen to everyone. Both men and women can be victims or perpetrators of behavior that might be offensive, humiliating or intimidating is an objective test, based on the question of whether a reasonable person would be able to anticipate that such behavior can cause such effects.
This action can take place between the worker / supervisor and one other worker (vertical relationship) or between workers and workers (horizontal relationships), between employers and employees in contract or outsourced workers and between workers / providers with clients / third parties. For desired behavior is not to be repeated or continuous and can be a single incident can be a sexual harassment.
What types of sexual harassment?
Sexual harassment has various types. Broadly, there are five forms of sexual abuse are:
Physical abuse includes unwanted touching leads to sexual acts such as kissing, patting, pinching, lustful glance or stare.
Verbal abuse including verbal greeting / unwanted comments about the private life or part of a person's body or appearance, jokes and sexually suggestive comments
Harassment cues including body language and gestures, or sexually suggestive, cast who performed repeatedly, gesturing with finger and licking her lips
Written harassment or images including pornography material fi show, image, screensaver or sexual posters, or harassment through email and other electronic communications modes
Psychological abuse / emotional consists of requests and invitations are continuous and unwanted, a date which is not expected, insults or taunts of a sexual nature
How do I measure the level of fairness in sexual harassment in the workplace?
Measurement of fairness in sexual harassment can be seen if such behavior leads to sexual harassment resulting arise offended, embarrassed or afraid.
The main element in sexual harassment is any unwanted taste by the victim. In addition to the element of "undesirable" is, there are not polite actions that lead to sexual harassment and according to the custom in the workplace is something that can be regarded as sexual harassment.
While the action or interaction that takes place on the basis of consensual rather than something that is undesirable not constitute sexual harassment.
Is there a law in Indonesia regulating harassment in the workplace?
Indonesia has regulations governing the Act concerning the problem of sexual harassment in the workplace in general. However, there are no specific provisions governing the forms of sexual abuse, sanctions and ways to cope with sexual harassment, especially in the workplace.
In Law 13/2003 has provided protection for workers, namely in Article 86 paragraph (1) whose content is: every worker has the right to the protection of (a) the safety and health; (b) the moral and decency; and (c) treatment in accordance with human dignity and religious values.
A critical element of sexual harassment is the unwillingness or refusal on any forms of attention of a sexual nature. If action is not desired by the recipient of such actions, the actions that could be categorized as sexual harassment as stipulated in article fornication. Code of Criminal Law (Criminal Code) in general (Lex Generalis) can also be used as a foundation to the penalty as provided for in Article molestation 289-299. Regarding obscene acts in the workplace, especially when performed by superiors can we meet provisions of Article 294 paragraph 2 item 1 of the Criminal Code that is punishable with imprisonment of 7 (seven) years official who perform obscene acts with a person who because of the position is subordinate, or with people who entrusted the custody or handed over to him.
If I am the victim of sexual harassment, what should I do?
It is recommended that you should follow the steps below, each time you experience sexual harassment.
You need to explain to the perpetrator of sexual abuse that you do not want the sexual act / sexual act that annoy you
if you are shy or afraid to make a complaint for sexual abuse of an official nature, tell me and let the problem you are experiencing sexual harassment by some of your colleagues work together trustworthy.
If you want to file a complaint informally, you can report the incident to your supervisor or committee Unions in your company.
You can also make a formal complaint to your supervisor, and representatives of trade unions associated with the manufacture of the Collective Labour Agreement or to the Department of Labor. To file a formal complaint, you have three choices
a. Report the incident to the Union within your company
b. Report directly to the Department of Labor or Legal Aid
c. Reports directly to the Police
If you are not satisfied with the decision of the competent committee of inquiry (in your organization), you can appeal to the District Court.
If you are still aggrieved by the decision of the District Court, you can make representations to the Governor for justice.
* Options available appeal to all parties, namely, both the defendant and the victim can appeal the decision.
How to report sexual harassment in the workplace?
Of proof in criminal law is based on Article 184 of Law No. 8 of 1981 on Criminal Procedure ("Criminal Code"), using five kinds of evidence, namely:
witness testimony
expert testimony
letter
guidance
Description defendant.
So that, in case of sexual harassment, the evidence of the above can be used as evidence. For cases related to fornication or rape, usually using one of the documentary evidence in the form of a post mortem as stipulated in Article 187 of the Criminal Procedure Code and the letter c of Article 133 paragraph 1 of the Criminal Procedure Code.
Post mortem is a certificate / report from an expert on the results of the examination of something, for example to the bodies and others, and are used to proof at trial.
If the autopsy did not show any signs of violence, then you should look for other evidence that could prove the criminal act. In the end, the judge will decide whether the defendant is guilty or not based on the evidence in court
How can companies take precautions against sexual harassment occurring in the workplace?
Prevention is the most effective tool that can be used by employers to deal with sexual harassment in the workplace. Precautions include:
Communication: done with socialization about sexual harassment through EMC, LKS Tripartite and various print and electronic media.
Education: done through orientation programs and the introduction of the new staff, religious speech, or certain activities such as programmed.
Training: providing specialized training in supervisory and managerial level and coaches to identify the problems of abuse and prevention, training for Sexual Harassment Prevention Team.
Encourage companies to build commitment to the implementation of prevention of sexual harassment in the workplace, including sanctions and other disciplinary action in the presence of:
a. Company Policy
b. Working Agreement / Company / Joint Working Agreement
Dissemination of information on the policies and mechanisms for the prevention of sexual harassment to the workers and supervisors is essential. In addition, employers are expected to provide a program for workers / laborers and supervisors in order to be given education about sexual harassment. To that end, all parties must have a high awareness of the ways to create a productive work environment free of sexual harassment.
Both central government and local governments ensure the instructions on these guidelines and examples of policies to deal with sexual harassment in the company that can be accessed by employers. Meanwhile, employers need to include information about sexual harassment in orientation programs, education and training for workers / laborers. While the Union should convey information about sexual harassment in educational programs and training in the possession of members.
What should we do to prevent sexual harassment?
Before you go to work, we will be given a Letter of CLA and Regulation company. READ good - good! Usually in a written company policy clear rules regarding sexual harassment (the notion of what constitutes sexual harassment, grievance procedures, and sanctions to be imposed on the perpetrators, assistance can be obtained victim and assurance that the complaint be confidential) .
Dare to say NO to any solicitation of sexual connotation.
There are times when men - men moved to sexual harassment as women. So make sure you wear decent clothes and closed while working, use polite language in speaking, do not engage in activities that invite the men to commit sexual abuse.
When abuse has occurred record all communications (sms, mail, phone logs), time, place, witnesses. Report to the competent authority in the company. If no response / reaction, report it to the authorities / police.
source:
International Labor Organization (ILO): Guidelines on Sexual Harassment in the Workplace.
Act No. 13 of 2003 on Labor.
Law No. 8 of 1981 on Criminal Proceedings
Code Penal Code (Wetboek van Strafrecht, 1915 in Government Gazette 73)
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