Peer-reviewed article
The Urgency of Pancasila Values in the Regulation of Criminal Acts of Sexual Violence Against Children
Ricky Boy Siallagan ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article examines Indonesia's Law Number 12 of 2022 on criminal acts of sexual violence, focusing on its ability to protect child victims. The author identifies significant ambiguities in the law's definition of sexual violence that could complicate enforcement and fail to restore rights to child victims. The analysis calls for the law to be harmonized with Pancasila values and recommends synchronization of the criminal justice system to better address sexual violence against children.
Key points
- Law Number 12 of 2022 contains ambiguous definitions of sexual violence that could lead to unintended legalization of adultery and abortion
- The law's ambiguities in Articles 1, 11, 15, 17, and 19 could complicate law enforcement in cases involving sexual violence against children
- Current regulations still lack sufficient provisions for restoring the rights of child victims of sexual violence
- The author argues the law needs harmonization with Pancasila, Indonesia's foundational philosophical principles
- A synchronized criminal justice system across multiple aspects is needed to address the increasing prevalence of sexual violence against children
Limitations
This is a normative legal analysis that examines the text of legislation and does not include empirical data on how the law is actually implemented in practice or its real-world impact on child protection outcomes. The document does not provide evidence of whether changes to the law have occurred or will occur.
Abstract
Law enforcement in cases of sexual violence against children still faces various obstacles, one of which is the lack of regulations regarding the criminal act of sexual violence, which still do not include the restoration of the rights of child victims of sexual violence. This article, using a normative juridical method, aims to examine the ability of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence to realize the restoration of the rights of child victims of sexual violence. In reality, it was found thatThere is ambiguity regarding the definition of sexual violence that can open the door to the legalization of adultery and abortion, as well as criminalization in terms of marriage and household life, as stated in Article 1, Article 11, Article 15, Article 17, and Article 19 of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, while the ambiguity in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence will complicate law enforcement regarding cases of sexual violence against children in the future when Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence is enacted, so there is a need for synchronization of the criminal justice system in various aspects in addressing the problem of sexual violence against children which is increasingly rampant, for this reason Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence needs to be harmonized again with Pancasila which is the source of all sources of law or the ratio legis politik of criminal law in Indonesia.