PERLINDUNGAN HUKUM PIDANA BAGI KORBAN KEKERASAN SEKSUAL DALAM SISTEM PERADILAN INDONESIA

Abstrak

Sexual violence in Indonesia is still a serious problem that has a multidimensional impact on victims. The ratification of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) is expected to be an important milestone in strengthening the protection system for victims. This study aims to evaluate the effectiveness of the implementation of the Sexual Violence Crime Law in providing legal protection for victims of sexual violence and identifying structural and cultural barriers in the criminal justice system in Indonesia. The method used is a descriptive-analytical qualitative approach by combining doctrinal and empirical studies. Data was collected through in-depth interviews with 15 informants (victims, law enforcement officials, Non-Governmental Organization activists, and academics) and analysis of legal documents. The results of the study show three main problems, namely the limited institutional capacity and human resources of law enforcement, the rampant practice of victimization, and the ineffectiveness of restitution mechanisms. Only 40% of victims received legal assistance and 35% of the restitution decided was successfully disbursed. The judicial system is still dominated by a retributive approach that has not been on the side of the victim. Therefore, comprehensive reform is needed through strengthening the capacity of the apparatus, simplifying restitution procedures, and transforming the legal culture towards a restorative approach to realize effective legal protection for victims of sexual violence.

Keywords: Sexual Violence, Legal Protection, Implementation of the Sexual Violence Crime Law