Victim Impact Statement As The Restoration Of The Rights Of Victims In Law Number 12 Of 2022 On Sexual Violence

https://doi.org/10.24905/plj.v1i2.43

المؤلفون

  • Muhammad Saef El Islam Researcher at Poskolegnas UIN Jakarta
  • Imas Novita Juaningsih Researcher at Poskolegnas UIN Jakarta

الكلمات المفتاحية:

UU TPKS، Sexual Violence، Victimology، Victim، Impact Statement

الملخص

This research discusses the issues related to the restoration of rights for victims in Law Number 12 of 2022 on sexual violence. In reality, legal protection for sexual violence victims in Indonesia is still not fully in line with their needs, as the fulfilment of victims' rights in its implementation has not been optimal, and judges' decisions are limited to normative levels. The purpose of this research is to understand the restoration of the rights of sexual violence victims and to understand the ideal concept of the Victim Impact Statement in Indonesia. The research method used is normative research. Meanwhile, the research approach used is a statutory approach. The results of this research indicate that there are still many problems in terms of regulations and implementation regarding the fulfilment of the rights of sexual violence victims. The Sexual Violence Law regulating the restoration of victims' rights only mentions the rights obtained by victims. The partial normative framework is compounded by the high number of sexual violence cases that occur and the judges' decisions that do not have a clear legal basis in providing restoration of victims' rights. The judges only provide restoration according to their conscience, but do not consider whether the victim also needs it. Therefore, the researcher proposes an idea in the form of applying the concept of the Victim Impact Statement so that victims can obtain the appropriate restoration of rights that they need.

منشور

2023-12-04

كيفية الاقتباس

El Islam, M. S., & Juaningsih, I. N. (2023). Victim Impact Statement As The Restoration Of The Rights Of Victims In Law Number 12 Of 2022 On Sexual Violence. Pancasakti Law Journal (PLJ), 1(2), 419–432. https://doi.org/10.24905/plj.v1i2.43