LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE BASED ON APPLICABLE LAWS IN INDONESIA

Abstract

Violence sexual is one of the form violation right basic human beings who are up to now Still become problem Serious in life nation and state in Indonesia. Birth Constitution Number 12 of 2022 concerning Action Criminal Violence Sexual (TPKS Law) marks shift paradigm law criminal from punishment - oriented approach​ perpetrator going to an approach that is oriented towards handling , protecting , and recovering victims. This article aim For study in a way analytical and critical forms protection law for victims of violence sexual based on framework regulation legislation in force in Indonesia, including The 1945 Constitution of the Republic of Indonesia , the Criminal Code , the TPKS Law, and Constitution Number 31 of 2014 concerning Witness and Victim Protection . Research This use method study law normative with approach statute approach and legal approach conceptual (conceptual approach). Study results show that framework law protection of victims of violence sexuality in Indonesia has experience strengthening significant , especially through confession right on handling , protection and recovery in a way comprehensive . However Thus , its implementation Still faced with a number of obstacle structural , cultural and institutional , including the weakness capacity apparatus enforcer law , lack of regulation implementers , a deep-rooted culture of victim-blaming , and low realization restitution for the victims. This article recommend strengthening regulations derivatives , enhancements capacity institutional , harmonization inter-institutional , and cultural reform laws that side with victims in order to realize protection effective , humanistic and just law .​