Implementation of Human Rights Protection For Victims of Sexual Violence in Indonesia

Abstract

The concept of Indonesia as a state of law emphasizes the importance of protecting human rights as stated in Article 1 paragraph (3) and Article 28G paragraph (2) of the 1945 Constitution of the Republic of Indonesia. This study uses a normative juridical method with a legislative approach and a conceptual approach. The legislative approach is used to examine regulations related to sexual violence, while the conceptual approach is used to build legal understanding based on the doctrine and principles of protection of victims. Sexual violence is a violation of human dignity and the right to freedom from inhuman treatment. However, the rate of sexual violence in Indonesia continues to increase, while existing regulations have not been able to provide comprehensive protection for victims. The protection of victims of sexual violence is regulated in various regulations such as the 1945 Constitution, the Human Rights Law, the Criminal Code, the Domestic Violence Law, the Child Protection Law, and the PTPPO Law. However, there is no comprehensive protection because there is no specific law yet. The Criminal Code is still oriented towards moral violations, not victim protection, and is positivistic.