Evaluation of Legal Reform and Implementation of Protection for Victims of Sexual Violence in Indonesia Through Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence
Abstract
In order to guarantee justice and victim recovery, the criminal justice system must provide victims of sexual abuse with legal protection. The Criminal Code, the Domestic Violence Law, and the Child Protection Law were among the laws in effect prior to the passage of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (the TPKS Law), did not provide comprehensive protection for adult victims or victims outside the domestic context, creating a legal vacuum. The TPKS Law presents a legal reform that broadens the definition of sexual violence, clearly establishes victims' rights, and provides a more victim-sensitive criminal justice system mechanism, including legal assistance, psychological services, and identity protection. However, its implementation faces challenges, such as subjective definitions, difficulties in establishing evidence, uneven victim protection, harmonization with other regulations, and the law enforcement officials' inadequate capabilities. This paper examines the legislative reforms made by the TPKS Law and their practical efficacy using a normative juridical method using a statutory and conceptual approach. The research findings are expected to provide recommendations for strengthening regulations and supporting policies to ensure optimal, fair, and victim-centered protection for victims of sexual violence.