Victim Protection of Sexual Violence in the Sexual Violence Elimination Law Plan (SME Bill) Maria Novita Apriyani*
Faculty of Law, East Java Veterans National Development University Jalan Raya Rungkut Madya, Surabaya 60294, Indonesia
*maria.ih[at]upnjatim.ac.id
Abstract
The phenomenon of sexual violence cases is increasingly happening in Indonesia. So far, the substance of the Criminal Code (KUHP) has not provided protection for victims of sexual violence because it only focuses on the perpetrator. The current Criminal Code has not been able to cover the forms of sexual violence that are currently developing. Indonesia needs a legal umbrella that is oriented towards victim protection. The Bill on the Elimination of Sexual Violence is needed to regulate matters that have not been regulated in the Child Protection Act and other statutory regulations. It is hoped that the Draft Law on the Elimination of Sexual Violence is expected that all victims of sexual violence, both children and adults, can have their rights to truth, justice, recovery, fulfillment of a sense of justice and guarantee of non-repetition. This research uses a comparative method, which is to compare the practices experienced by the Witness and Victim Protection Agency (LPSK) with the substance of the existing laws and regulations. The results of this study indicate that law enforcement officials need to have internal regulations regarding the investigation, prosecution and trial of sexual violence with the perspective of victims (HAM), gender and children, as well as restitution / compensation to be the most important thing for victims.
Keywords: Protection, PKS Bill, Victims of sexual violence
