A Legal Study of Criminal Law Enforcement Against Sexual Violence Crimes from the Perspective of Victim Protection

Abstract

Sexual violence is a criminal offense that not only causes physical suffering but also has psychological, social, and economic impacts on victims. In practice, victims often encounter various obstacles in obtaining legal protection and the fulfillment of their rights. The enactment of Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) represents a significant step toward strengthening legal protection for victims and broadening the regulation of various forms of sexual violence. This study aims to analyze the legal framework governing sexual violence crimes in Indonesian legislation and to examine the forms of legal protection provided to victims within the criminal justice process.This research is a normative legal study employing statutory, conceptual, and case approaches. The data consist of primary, secondary, and tertiary legal materials obtained through library research and analyzed qualitatively.The findings indicate that the TPKS Law provides a more comprehensive legal framework regarding sexual violence offenses, case-handling mechanisms, and victims’ rights. Legal protection for victims is implemented through the rights to treatment, protection, and recovery, including legal assistance, security protection, medical and psychological support, rehabilitation, and restitution. The implementation of such protection is also reflected in judicial practice, including the decision of the Medan District Court Number 1808/Pid.Sus/2023/PN Mdn. This study concludes that the TPKS Law has strengthened legal protection for victims of sexual violence through a victim-oriented approach. However, the implementation of restitution, rehabilitation, and victim assistance still requires further enhancement to ensure more effective and equitable protection.