Protection of Women Victims of Sexual Violence in Indonesia in Perspectives of the 1945 Constitution After the Amendment

Abstract

Background: After the 1998 reform, the amendments to the 1945 Constitution which were carried out, have brought about changes in the Indonesian state administration, the recognition, respect and protection of Human Rights (HAM) has become an important change clause in the NRI constitution. Several legal instruments related to protecting women from sexual violence, the latest legal product being Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, demonstrate this commitment. Objective: The aim of this research is to analyze legal norms in various court decisions regarding the protection of women victims of sexual violence in Indonesia. Next, to look for a comprehensive concept of protection for women victims of sexual violence in national legal policies in Indonesia. Theoretical framework: This article will discuss and analyze the changes brought about by the 1945 Constitution after the amendments, especially regarding the protection of women against sexual violence. The extent to which the amendments to the 1945 Constitution have changed regarding the protection of women victims of sexual violence. There are contradictions regarding the condition of national criminal law regarding protective legal norms and sexual violence. This research proposes that there should be synchronization and harmonization efforts in national criminal law policies, in line with the 1945 Constitution which has been amended to ensure that the protection of women victims of sexual violence can be strategic and effective in Indonesia. In general, it provides benefits to help Indonesia carry out legal arrangements or reforms related to national criminal policies in line with the 1945 Constitution. Method: In this research, normative legal research methods are used to solve the legal problems being faced. This research to use several statutory approaches, a conceptual approach, a historical approach, a comparative approach and an analytical approach.