Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Juridical Analysis of Law No. 12 of 2022 Concerning the Crime of Sexual Violence in the Perspective of Victim Protection

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326252,
        author={Triantono Triantono and Ani Purwanti and Muhammad Marizal and Nur Rochaety},
        title={Juridical Analysis of Law No. 12 of 2022 Concerning the Crime of Sexual Violence in the Perspective of Victim Protection},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={criminal law policy victim protection sexual violence},
        doi={10.4108/eai.27-7-2022.2326252}
    }
    
  • Triantono Triantono
    Ani Purwanti
    Muhammad Marizal
    Nur Rochaety
    Year: 2023
    Juridical Analysis of Law No. 12 of 2022 Concerning the Crime of Sexual Violence in the Perspective of Victim Protection
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326252
Triantono Triantono1,*, Ani Purwanti1, Muhammad Marizal1, Nur Rochaety2
  • 1: Universitas Tidar
  • 2: Universitas Diponegoro
*Contact email: triantono19@gmail.com

Abstract

Sexual violence is a complex reality that immensely affects the integrity of human dignity for victims. Victims of sexual violence, mostly women and girls, show that there is a gender discriminatory construction issue in society that affects the problem of legal protection both in abstracto and in concreto. There are 3 (three) problems in this paper, such as: First, what is the current condition of protection for victims of sexual violence? Second, what is the current form of the policy on sexual violence protection in Indonesia? Third, how is the criminal law policy to protect victims of sexual violence based on Pancasila justice? This research is juridical-normative through a literature study using legal materials, and then the descriptive analysis is completed to answer the problems. Based on the results of the discussion, it is concluded that the legal protection of victims of sexual violence is indeed hampered by factors of legal substance, structure, and culture. The current form of policy to protect victims of sexual violence is not nonetheless comprehensive and responsive to victims. The Act on the Crime of Sexual Violence (UU TPKS) as part of the reform of criminal law policies has maintained a progressive basis in terms of protection, undertaking, and recovery of victims.