Reconstruction of Law Number 12 of 2022 Concerning Criminal Acts of Sexual Violence: The First Milestones in Eliminating Sexual Violence in Indonesia
DOI:
https://doi.org/10.55681/sentri.v4i8.4374Keywords:
gender-based violence, victim protection law, criminal law reform, women's rights in IndonesiaAbstract
The enactment of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence in harmony with Islam, as stated in the Qur'an, QS. An-Nur verse 33. Prohibiting violence against women also contradicts the values of monotheism, and Al-Insaniyah is a concrete manifestation and gift for women in Indonesia. It has very comprehensive content regulating the classification of criminal acts of sexual violence, physical sexual harassment, forced contraception, forced sterilization, forced marriage, sexual torture, sexual exploitation, sexual slavery, and electronic-based sexual violence. It establishes appropriate penalties and optimizes the prevention and handling of cases of sexual violence in Indonesia, which continues to show a high level every year. However, its implementation has not been as optimal as desired by victims and the public due to several obstacles, including: 1) Not all derivative regulations of the TPKS Law have been enacted; 2). Limited human resources, facilities, infrastructure, and operational costs, and only 30 percent of districts/cities in Indonesia have safe houses for victims of sexual violence.
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References
Charistina Bagenda, et al., Legal Protection for Victims of Sexual Violence, Collaborative Journal of Science, Volume 7, Number 2, 2022. September 9, 2024
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Legislation
Criminal Code;
Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection;
Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence;
Law Number 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection to Become Law;
Law Number 21 of 2007 concerning the Eradication of the Crime of Human Trafficking;
Law Number 23 of 2002 concerning Child Protection;
Law Number 23 of 2004 concerning the Elimination of Domestic Violence;
Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection;
Law Number 44 of 2008 concerning Pornography;
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