Peer-reviewed article
Analysis of the Witness and Victim Protection Institution (LPSK) on Children as Victims of Sexual Violence from a Positive Legal Perspective and Islamic Law
Firdon Marpaung, Risnita, Yuliatin ·
Summary
Written by AI, not yet AICS's view · claude-sonnet-5-5This study looks at how Indonesia's Witness and Victim Protection Institution (LPSK) protects children who are victims of sexual violence. It uses a legal analysis of statutes and a 2024 child rape case in the Jambi Regional Police area, where LPSK assistance was not provided. It compares how positive (state) law and Islamic law treat child protection. The study finds that LPSK provides protection through eight programs, but that limited access to reproductive health services and weak enforcement of restitution reduce its effectiveness. Both legal systems treat children as subjects who must be fully protected.
Key points
- LPSK, established under Law Number 31 of 2014, is mandated to restore victims' rights, but its assistance is not always available from the outset.
- LPSK carries out preventive and repressive protection through eight programs.
- Jambi Regional Police data recorded 144 protection applications from 2022 to 2025, a declining trend that does not necessarily reflect fewer actual cases.
- Effectiveness is constrained by limited access to reproductive health services and weak restitution execution.
- Positive law regulates protection in stages through Law Number 12 of 2022 and Law Number 35 of 2014, while Islamic law frames it within maqasid al-sharia, especially hifz al-nafs and hifz al-nasl.
Limitations
This is a normative legal analysis based on statutes, concepts and a single case, so it cannot show how well protection works for children in practice. The abstract gives no evidence on outcomes for children or on how widely the findings apply beyond Jambi.
Abstract
The protection of children as victims of sexual violence is a state constitutional obligation requiring comprehensive legal protection. The Witness and Victim Protection Institution (LPSK), established under Law Number 31 of 2014, is mandated to restore victims' rights, yet its assistance is not always available from the outset, as shown by a 2024 child rape case in the Jambi Regional Police jurisdiction handled without LPSK assistance, the problem this study addresses. This study analyzes LPSK's role in protecting children as victims of sexual violence, examines the forms of protection provided, and compares its regulation under positive law and Islamic law. This study uses a normative juridical method with a conceptual approach, statute approach, and case approach, analyzed qualitatively-descriptively. Results show LPSK carries out preventive and repressive protection through eight programs; Jambi Regional Police data recorded 144 protection applications from 2022 to 2025, a declining trend not necessarily reflecting fewer actual cases, while effectiveness remains constrained by limited access to reproductive health services and weak restitution execution. Positive law regulates protection in stages through Law Number 12 of 2022 and Law Number 35 of 2014, while Islamic law situates child protection within maqasid al-sharia, especially hifz al-nafs and hifz al-nasl. Both legal systems, despite differing normative approaches, place children as subjects who must be fully protected.