The Urgency of the Legal Protection for Women to Protect Victims of Sexual Violence Due to Gender Inequality (original) (raw)

The urgence of the criminal act of sexual violence as the empowerment of women's rights

International journal of health sciences

Efforts to discriminate against women in the form of actions carried out based on gender differences, harming or endangering women. Research is preferred in the form of research that prioritizes secondary data The importance of the existence of a law that specifically regulates sexual violence is as follows: 1) The number of sexual violence in Indonesia continues to increase. 2) Cases of sexual violence have caused a lot of harm to women as parties who often become victims. 3) There is no deterrent effect for perpetrators after the incident 4) Enforcement of cases of sexual violence often does not have a victim's perspective. 5) Lack of legal instruments that are able to maximally resolve any sexual violence that has occurred, especially from the aspect of the availability of regulations. 6) In order to reduce the number of sexual violence, it is necessary to optimize the function of the commissions that oversee various sectors of sexual violence cases. 7) The prosecution of c...

Legal Policy of Sexual Violence in Indonesia

Journal of Law, Policy and Globalization, 2017

The essence of the protection of the whole nation and the blood of Indonesia as a constitutional right is the protection of the glory as a whole human or in other words the protection of human dignity. In fact, however, person’s right to be free from torture or the degrading treatment of human dignity has not fully functioned optimally. One of the causes is sexual violence. The results of the research indicate that the basic idea of sexual violence abolition departs from the fact of violence is more complex, which is not only related to criminal acts against sexual organs. Moreover, it is a manifestation of a form of discrimination caused by the perspective of gender bias in the cultural construction of patriarchal society. Legal issues also arise regarding the structure and culture of law enforcement that is not oriented towards the protection and fulfillment of the best interests for the victim. Such regulatory conditions, it seems difficult to rely only on efforts to abolish comp...

The Urgency of the Law on Sexual Violence Criminal Act in Combating Sexual Violence in Indonesia

Ius Poenale

The challenging aspect of a large number of sexual violence in Indonesia for the last has pronpted the government a to create few years draft law on the Elimination of Sexual Violence included in the National Legislation Program Priority 2021. For this reason, the government is expected to ratify the draft law on the Elimination of Sexual Violence to regulate sexual violence comprehensively. This study aims to determine the evolution of data on sexual violence in Indonesia and to assess the urgency of ratifying the draft law on sexual violence elimination in light of the reality of the high number of sexual violence in Indonesia. This study employs a normative legal research method with statutory, conceptual, and case approaches. According to the findings of this study, sexual violence crimes continue to rise in a variety of forms, including not only physical contact but also non-physical contact. Several factors contribute to the high rate of sexual violence, including the structur...

The Role of the Government of Indonesia in Handling Cases of Sexual Violence Against Women

Journal of governance : jurnal ilmu pemerintahan Universitas Sultan Ageng Tirtayasa, 2022

The purpose of this research is to see how the role of the Indonesian government in handling cases of sexual violence against women. The concepts used are the role and handling of the state and violence and protection of women. The method used is a qualitative approach to data analysis of cases of sexual violence taken from Komnas Perempuan data. The news media analyzed using NVivo 12 Plus software as an easy-to-use application. This study indicates that three factors become obstacles in handling cases of sexual violence, namely legal factors, fear, and inadequate protection. Because sexual violence against women is usually unresolved, resolve by paying a certain amount of money, marrying the perpetrator, imprisoning the perpetrator, and even making peace with the family. At the same time, the state's role is vital in handling cases of sexual violence through legal protection and influencing the justice of all citizens. But in fact, the data obtained shows that the handling and legal protection is still not adequate; women still experience sexual violence. The State of Indonesia uses various ways to handle cases of sexual violence with laws made on the Elimination of Domestic Violence or the Elimination of Sexual Violence. However, this does not become the basis for stopping sexual violence crimes in Indonesia

LAW NUMBER 12 OF 2022 REGARDING SEXUAL VIOLENCE CRIMES AS IMPLEMENTATION OF THE 5TH POINT OF THE SUSTAINABLE DEVELOPMENT GOALS IN INDONESIA

Cognizance Journal of Multidisciplinary Studies (CJMS), 2023

This study aims to understand the changes that have occurred since the enactment of the Sexual Violence Crimes Law in providing legal protection for women, who are the majority of victims of sexual violence in Indonesia, and to assess the implementation of the SVCL in Indonesia in line with SDG Goal 5 on Gender Equality. The method used in this research is normative legal research. Normative legal research is research conducted by reviewing the applicable laws and regulations on a particular legal issue. The proposed legislation aims to serve as a comprehensive legal framework that addresses various issues related to sexual violence. It is expected to provide a legal umbrella to effectively deal with the complexities and challenges associated with sexual violence. The drafting of this legislation was prompted by the alarmingly high number of sexual violence cases in Indonesia between 2001 and 2011, totaling 1,398 reported cases. During that period, 25 percent of the total reported cases amounted to sexual violence against women. Based on this calculation, at least 35 women became victims of sexual violence. As a result of the alarming number of cases, the National Commission on Violence Against Women (Komnas Perempuan) issued a statement declaring that Indonesia is currently in a state of emergency regarding sexual violence. Overall, the intention behind this legislation is to address the pressing issue of sexual violence in Indonesia comprehensively. It seeks to provide a strong legal framework to protect victims, hold perpetrators accountable, and contribute to a safer and more equitable society. It is linked to SDG Goal 5 on Gender Equality.

Regulation of Non-Physical Sexual Violence in Indonesia (Analysis of Law Number 12 of 2022 Concerning Sexual Violence)

Zenodo (CERN European Organization for Nuclear Research), 2023

This study is to examine the Effectiveness of Non-Physical Sexual Violence Regulation in Indonesia to prevent, protect, recover and empower victims and foster public understanding and awareness to eliminate sexual violence, this is because many cases of harassment occur. The problem to be discussed in this study is how effective is the regulation of non-physical sexual violence in Indonesia. The research method used is a normative research method with a statute approach and analyzed using content analysis.

Sexual Violence in Indonesian Law Number 12 Of 2022: Viewed from the Concept of Radical Feminism

International Journal of Social Science and Human Research

Violence against women is a widespread phenomenon in Indonesia. It is a crime that disturbs many parties, especially women. Many parties fight for justice for women, especially victims, to get legal protection. Law Number 12 of 2022 gives legal protection concerning Criminal Acts of Sexual Violence. Apart from the regulation on criminal acts of sexual violence, there is also legislation Number 13 of 2006, amended into law number 31 of 2014, concerning the rights of victims and witnesses. Legal protection is held as an instrument to minimize the crime of violence against women. The writing of this research aims to analyze legal protection regulations for women who are victims of sexual violence using the concept of radical feminism. This theory considers that the rule of Law is formed based on the views of men, so the current rule of Law is considered a product of patriarchy. This research uses normative legal research with library materials in its research. The results of this study...

The Bill Elimination on Sexual Violence: Importance for Indonesian Women

International Journal of Criminology and Sociology, 2021

This paper aims to find out to understand the importance of the bill in improving the quality of life of Indonesian women, as well as the vision, mission, and direction of President Joko Widodo in 2019-2024. This research was conducted by using the juridical empirical method, by looking at problems in the community, then looks for the legal basis and expert opinion, and is processed using the triangulation method. The results showed that increasing cases regarding various types of violence against women in various places cause the government needs to make a regulation needed to eliminate sexual violence through the bill. Hence, the Bill on the Elimination of Sexual Violence is urgently needed in Indonesia. The findings also noted that previous regulations have not sufficiently regulated the form of protection for women against sexual violence. The main conclusion of the study is that the bill is a form of the government's responsibility to ensure the fulfillment of these rights: the right to handle, right to protection, and right to recovery.

The Indonesian Criminal Law System's Progression in Sexual Assaults Regulation

Volksgeist: Jurnal Ilmu Hukum dan Konstitusi

This article aims to analyze the development of the sexual assault regulation which comes from various sectoral acts in Indonesia. This research is a normative juridical research that uses primary legal materials in the form of laws and regulations and secondary legal materials in the form of legal books and legal articles. The analysis used is descriptive qualitative. The result of this study indicates that the massive cases of sexual assault that occur in private and public spaces have made it a serious crime that has to ben handled with approriate legal instruments. In Indonesia, sexual assault is a form of crime which its perpetrator can be convicted. Prior to the creation of The Sexual Assaults act Number 12 of 2022, the sexual assault regulation is already regulated in various separates acts. It caused disharmony of the regulation which implicates to non-optimal law enforcement. After the establishment of The Sexual Assaults act Number 12 of 2022, currently, Indonesia has a ma...

Protection of Women Victims of Violence in Indonesia: Perspective of Criminal Law

European Journal of Social Sciences Studies

This research aims to find out the protection arrangements for women victims of violence in Indonesia: Criminal law perspective. The methods used are qualitative descriptive with normative research referring to written regulations and other legal materials. The results showed that the completion of women victims of violence in Indonesia with mediation in a form of consensus deliberation and customary law and Islamic law. Article visualizations: