Fulfillment of the Rights of Victims of Sexual Violence under Law Number 12 of 2022 on Sexual Violence Crimes

Abstract

Sexual violence causes severe physical, psychological, social, and economic harm to victims, so fulfilling victims’ rights cannot stop at punishing perpetrators. This study analyzes the regulation of sexual violence crimes and the position of victims under Law Number 12 of 2022 (the TPKS Law), the forms and mechanisms of fulfilling victims’ rights, their fulfillment in the criminal justice process, and the challenges and efforts to strengthen them. It uses normative juridical research with statute and conceptual approaches to primary and secondary legal materials, supplemented by findings from a group discussion, and analyzes them through qualitative descriptive-analytical methods. The results show that the TPKS Law shifts the paradigm toward victim-centered justice by guaranteeing rights to handling, protection, and recovery and by expanding admissible evidence, including victim testimony, clinical psychologist or psychiatrist statements, and electronic evidence. However, proof in practice still relies on physical evidence (the “physical illusion”), law enforcement capacity and perspectives remain uneven, and stigma and revictimization still hinder the fulfillment of victims’ rights. Strengthening requires technical guidelines for psychological and digital evidence, improved law enforcement capacity, integrated assistance, and a social narrative that does not blame victims.