Peer-reviewed article
Law Brakes to Protect Victims of Sexual Violence Against Children and Women in the Private Field
I Made Wahyu Chandra Satriana, Ni Made Liana Dewi ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This study examines legal frameworks in Indonesia that protect children and women from sexual violence occurring within families and private relationships. The research identifies gaps in existing laws and discusses how new legislation, particularly Law No. 12 of 2022 on Sexual Violence Crimes, attempts to address these shortcomings. The study notes that victims in private settings often do not report abuse because perpetrators are family members or close relations. The analysis uses existing laws and regulations as sources to understand how legal protections have evolved.
Key points
- Sexual violence against children and women in private spheres often goes unreported because perpetrators are family members or people in close relationships with victims
- Previous laws including Law No. 23 of 2004 on Domestic Violence and Law No. 23 of 2002 on Child Protection were insufficient to prevent and track sexual violence in private settings
- Law No. 12 of 2022 concerning the Crime of Sexual Violence represents a legal breakthrough to address gaps in existing protection mechanisms
- A documented case involved a 12-year-old child in Medan who became a victim of sexual violence and contracted HIV
- The study uses normative juridical research examining legal norms and library sources rather than empirical data
Limitations
This is a legal analysis study based on document review rather than empirical research, so it cannot provide evidence about the actual effectiveness of these laws in protecting children or reducing sexual violence. It does not include data on implementation, enforcement, or outcomes for victims.
Abstract
Various laws and regulations have been established to prevent sexual violence against children and women. Various violations in the laws and regulations have been made to minimize the occurrence of sexual violence, especially in the private sphere. This private domain is a family area where the perpetrator is a person who is still related by blood, kinship, marriage or who has an intimate relationship with the victim. This is what causes the victim does not dare to report to the authorities. One of them is the case of a 12-year-old child in Medan who became a victim of his mother's girlfriend and ended up suffering from the HIV virus. Based on this, the problem in this study is how to violate the law in protecting victims of violence against children and women in the private sphere. This study aims to find out legal breakthroughs in protecting victims of sexual violence against children and women in the private sphere. This study uses a normative juridical research method, because there is an examination of norms regarding legal protection for victims of violence against children and women in the private sphere. This research uses library law sources. The establishment of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) aims to provide protection to women. Meanwhile, legal protection for children is contained in Law Number 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. The law has not been able to prevent and track sexual violence that occurs in the private sphere. The government finally made a breakthrough to form Law No. 12 of 2022 concerning the Crime of Sexual Violence.