Sexual Violence in Indonesia (Rich Regulation – Poor Protection)

  • Nursiti Nursiti, Alvi Syahrin, Faisal Faisal, Mohd. Din

Abstract

This article aims to explain the arrangements of law regarding criminal acts of sexual violence and victims protection of such violence in Indonesia, and describe the experiences of victims of sexual violence through court decisions in Aceh. This article differs from other writings because it presents an analysis of the protection of victims of sexual violence that are linked to the substance of policies and services in the process of law enforcement, whether through general justice, jinayat or customary justice. The research method used is normative juridical with a qualitative approach. The results of the study indicate that Indonesia already has many laws on sexual violence but they were formulated differently. Therefore it is likely to cause legal uncertainty. Settlement of sexual violence cases so far have not been able to provide victims with protection and justice. Victims do not get legal and psychological assistance from government-owned service institutions. In the judicial process, the suffering, needs and interests of victims have neither been listened to seriously nor considered in court decisions. Indonesia should have a law on the Elimination of Sexual Violence that is more comprehensive and guarantees maximum protection for victims by providing a large budget allocation, which includes government efforts to prevent, enforce the law, as well as recovery and empowerment for victim.

Published
2020-05-25