Effectiveness of Law Enforcement of Article 23 of Law No. 12 of 2022 on the Prohibition of the Implementation of Restorative Justice in Cases of Sexual Violence
Main Article Content
Lusiana Dau Domaking
Ibnu Subrakah
Mufidatul Ma'sumah
This study analyzes the effectiveness of law enforcement against the prohibition on the application of restorative justice in cases of sexual violence as specified in Article 23 of Law No. 12 of 2022. This law prohibits the resolution of sexual violence cases through out-of-court channels for adult perpetrators, but practice in the field shows that the restorative justice mechanism is still often applied by law enforcement officers using the Chief of Police Regulation No. 8 of 2021 as the legal basis. The study was conducted at the Malang City Police and the Malang City Social Service P3AP2KB, which revealed obstacles such as social pressure, lack of public education, and the reluctance of victims to continue cases to the legal route. The results of the study show that the application of Article 23 has not been fully effective in protecting victims' rights and preventing re-victimization. This study recommends harmonization of regulations between Law No. 12 of 2022 concerning Criminal Acts and Perpol no. 8 of 2021, increasing public education, and strengthening legal and psychological assistance for victims.
Adhi Putranto Utomo, 2023 Implementation of Restorative Justice as a Form of Police Discretion Against Criminal Acts of Assault at the Pasuruan Police, Vol 1 No 2 Scientific Journal of Police Science Studies, p 149
Daniella Dhea Damaiswari and Saela Marlina., “Implementation of Restorative Justice to Protect Children’s Rights as Rape Victims” Bonum Commune Business Law Journal August 2021 Volume. 4 Number. 2.
Friedman, L. M. (1975). The Legal system: A social science perspective (I). New York: Russell Sage Foundation. Pg 13
Hany, DJ (2019). Construction of Gender Equality Discourse (Analysis of Gender Equality Discourse in the Bill on the Elimination of Sexual Violence) (Bachelor's thesis, Faculty of Da'wah and Communication Sciences, Syarif Hidayatullah State Islamic University, Jakarta).
I. Putu Agus Eka Sanjaya, Rodliyah Rodliyah, and Ufran Ufran, “The Role of Prosecutors in Resolving Criminal Acts Committed by Adults Through the Restorative Justice Process (Study at: East Lombok District Attorney's Office),” Innovative: Journal of Social Science Research 4, no. 1 (January 30, 2024): 7246–58.
Maulida, FR (2021). Policy on the Draft Law on the Elimination of Sexual Violence in Indonesia: Urgency and Dynamics (Bachelor's thesis, Faculty of Sharia and Law, Syarif Hidayatullah State Islamic University, Jakarta).
Maya Indah, 2014, Protection of Victims: A Victimology and Criminology Perspective, Kencana, Jakarta, p.30.
Mongkaren, JLF, Antow, DT, & Mamengko, RS (2023). Criminal Acts of Forced Marriage According to Law Number 12 of 2022. Lex Crimen, 12(3).
Muflihah, A., & Mursyid, A. (2021). INTERPRETATION OF SEXUAL VIOLENCE VERSES. MISYKAT: Journal of Al-Quran Hadith Sharia and Tarbiyah Sciences, 6(2), 1-40.
Munandar Sulaeman and Siti Homzah, 2019, Violence Against Women: A Review in Various Disciplines & Cases of Violence, PT Refika Aditama, Bandung, p.101
Rena Yulia, 2013, Victimology of Legal Protection for Crime Victims, Graha Ilmu, Yogyakarta, p. 43
Rizky, A., Haris, OK, Abdullah, SA, Nur, F., & Ramansyah, A. (2024). Legal Study of the Use of Restorative Justice from the Perspective of Victims of Sexual Violence. Halu Oleo Legal Research, 6(2), 476-487.
Safitri, SS, Ardiansah, MD, & Prasetyo, A. (2023). Quo Vadis Restorative Justice in Cases of Sexual Violence Crimes Post-Law Number 12 of 2022 concerning Sexual Violence Crimes (Study of Article 23 of the TPKS Law). Wara Sains Journal of Law and Human Rights, 2(1), 29-44.
Siahaan Maruarar, Procedural Law of the Constitutional Court of the Republic of Indonesia (Jakarta: Sinar Grafika, 2022), 35.
Wulansari, D. (2018). The Urgency Of Forming A Regional Technical Implementation Unit For The Protection Of Women And Children (UPTD PPA) As A Form Of Prevention And Handling Of Sexual Violence Against Children In Indonesia. Journal of Legal Development Partners, 3(5), 62-92.
