LEGAL PROTECTION FOR VICTIMS OF SEXUAL VIOLENCE IN THE PERSPECTIVE OF THE 2022 TPKS LAW

Abstract

Sexual violence is a human rights violation that has a wide impact on victims, both physically, psychologically, socially, and economically. In Indonesia, efforts to provide legal protection for victims of sexual violence have progressed with the enactment of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS). This law aims to provide more comprehensive protection through a victim-centered approach, by accommodating the rights of victims at every stage of the legal process, including investigations, trials, and post-incident recovery. In addition, the TPKS Law also regulates the mechanism of restitution and compensation for victims and introduces stricter legal instruments in handling cases of sexual violence.

However, despite having a strong legal basis, the implementation of the TPKS Law in Indonesia still faces various obstacles. Lack of understanding by law enforcement officers, weak coordination between institutions, and social stigma against victims are the main challenges in implementing this regulation. Many victims still experience re-victimization in the legal process, both in the form of investigations that corner the victim and minimal legal and psychosocial assistance. In addition, access to recovery services for victims is still limited, especially in remote areas, which causes many victims to not receive adequate protection.

This study aims to analyze the effectiveness of the TPKS Law in providing legal protection for victims of sexual violence and to identify obstacles in its implementation. Through the normative legal method with the statute approach, conceptual approach, and case approach, this study evaluates the extent to which this regulation can be applied in judicial practice in Indonesia. With the strengthening of the capacity of law enforcement officers, increased socialization to the community, and improvements in the victim protection system, it is hoped that the implementation of the TPKS Law can run more effectively in ensuring that the rights of victims of sexual violence are truly protected.