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Inna Noor Inayati

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Indonesia is currently experiencing an emergency situation regarding sexual violence, which compromises national social resilience. The enactment of the Sexual Violence Crimes Law (UU TPKS) creates new legal mandates for healthcare professionals. Midwives, serving as frontline providers in primary care and remote areas, act as the first professional contact for survivors, yet they lack adequate legal certainty regarding medico-legal duties and preparedness within the midwifery educational framework. Objectives: This study aims to analyze the regulatory synchronization concerning the limited medico-legal authority of midwives in implementing the UU TPKS and to formulate reconstruction strategies for professional standards and the national midwifery curriculum. Methods: This normative juridical (doctrinal) research utilizes statute, conceptual, analytical, and comparative approaches. Data analysis was conducted qualitatively-normatively through systematic and teleological interpretations, evaluated using coherence and prescriptive frameworks. Results: The study reveals a significant disharmony of norms between the UU TPKS and Minister of Health Regulation (Permenkes) No. 2 of 2025, which imposes bureaucratic barriers on safe abortion access for rape victims. Additionally, the Midwife Professional Standards (Kepmenkes No. 320/2020) fail to integrate basic clinical forensic authorities, compounded by a national techno-centric curriculum that overlooks Trauma-Informed Care (TIC). Conclusions: Legal certainty for midwives and comprehensive justice for survivors can only be accomplished by reconstructing inclusive competency standards, eliminating administrative boundaries through the "Medical First" principle, and integrating primary health law and trauma-sensitive care modules into the national midwifery curriculum.

Agus Salim

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Social crimes at the village level require participatory and sustainable prevention approaches. This study aims to analyze the synergy between the Sidoarjo Police Resort through its BINMAS unit and the residents of Waruberong Village in implementing the “4D” anticipation framework (Corruption, Narcotics, Bullying, and Sexual Harassment). A descriptive qualitative method was employed, utilizing data collection through observation, semi-structured interviews, and documentation analysis of socialization activities and police-community forums. The results indicate that this partnership successfully shifts the security paradigm from a reactive enforcement model toward proactive collaboration grounded in education and early reporting. BINMAS functions effectively as an administrative liaison, coordinating Senkom Mitra Polri, village officials, and residents, thereby standardizing and streamlining report handling processes. The implementation of the 4D framework significantly enhances public legal literacy, strengthens trust in the DUMAS Presisi system, and encourages active community participation in security patrols and awareness campaigns. Although minor administrative challenges, such as limited reporting literacy and fluctuating attendance, were identified, they can be mitigated through structured mentoring. Overall, the 4D-based partnership model proves highly relevant for strengthening participatory security ecosystems at the village level. This study recommends standardizing educational modules, providing continuous administrative training for Senkom members, and integrating digital reporting platforms to ensure the program's long-term sustainability.

Seni Kamalia Rizki Fathullah

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Regulatory overlap between the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law in the handling of online gender-based violence (KBGO) in Indonesia creates a conflict of norms that results in double victimization. This normative legal study aims to identify the concrete forms of victim sacrifice resulting from overlapping regulations and to critique the inability of conflict-resolution mechanisms to address these conflicts through the principle of lex specialis systematica from a substantive justice perspective. The findings reveal four forms of victim sacrifice: victim criminalization, the length of the judicial process, inconsistencies in court rulings, and the failure to fulfill the right to restitution and the right to be forgotten. This study also concludes that the lex specialis systematis principle is inadequate because its dogmatic approach disregards the interests of victims, requires time and expertise that ordinary victims lack, and is not consistently applied in courts. This study recommends a paradigm shift from a dogmatic approach to a victim-centered approach.

Syifatul Zuhra; Muhammad Ryandi Perdana Suandi

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the protection of victims of sexual violence crimes from a victimology perspective within Indonesian criminal law. This research employs a normative legal method with a qualitative approach, utilizing statutory and conceptual approaches. Data were collected through library research based on legislation and recent scientific journals published between 2021 and 2026. The results indicate that, normatively, Indonesia has established a relatively strong legal framework, particularly with the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes. However, its implementation remains constrained by several challenges, including limited capacity of law enforcement officials, weak inter-institutional coordination, and structural and cultural factors such as patriarchal culture and victim blaming practices. Furthermore, victims are still at risk of experiencing revictimization during the criminal justice process. From a victimology perspective, this condition reflects that the Indonesian criminal justice system is still in a transitional phase toward victim-oriented justice. Therefore, strengthening the victimological approach through comprehensive legal reform, enhancing the professionalism of law enforcement officers, and transforming legal culture in society are essential to ensure effective and substantive justice for victims.

Anggi Yulia; Safira Natasya; Ika Arinia Indriyany

Deposisi: Jurnal Publikasi Ilmu Hukum 2026 International Forum of Researchers and Lecturers

 Sexual violence against women and children is still a serious problem in Indonesia. Girls are among the most vulnerable groups because of their young age, emotional dependence, and the imbalance of power with perpetrators who are generally older or close to the victim. Cases of violence often occur in various environments, such as within the family, early marriage, or social relationships such as dating or friendships with older men. This situation often places girls in a weak position, making it difficult for them to resist or report the violence they experience. This research aims to examine forms of sexual violence against girls in relationships with large age differences and examine legal protection based on Law Number 12 of 2022 concerning Crimes of Sexual Violence. The research uses qualitative methods through literature study by reviewing books, scientific journals, regulations, and data from the Ministry of Women's Empowerment and Child Protection. The results of the study show that unequal age relations often give rise to power inequalities that trigger domination, control and various forms of violence, such as sexual coercion, physical violence, psychological manipulation and domestic exploitation. The TPKS Law plays an important role as a basis for legal protection and fulfillment of rights for victims

Maliki Sirojudin Agani; Mo’amer Kohsad; Bonifasius Deanka Pramoedya Ekarossa; Irfa’i Fadlullah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.

Sintia Mona Pratama; Neng Anisa Fitri Nurdiani; Salha Aulia; Muhammad Reyhanz Nugraha; Rahmat Al Kaffi +4 more

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is a case study that analyzes the handling of sexual violence in Cianjur Regency, examining the relationship between social morality, the role of law enforcement officials, and the effectiveness of criminal law policy after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law). This study uses a descriptive qualitative approach with an empirical juridical method through a sociological approach to law. Data was obtained through interviews with law enforcement officials, field observations, and a literature review of relevant legislation and scientific literature. The results of the study show that the handling of sexual violence cases in Cianjur Regency still faces obstacles in the form of weak social morality, strong stigma against victims, and a patriarchal culture that affects reporting and law enforcement processes. In addition, the role of law enforcement officials has not been optimal due to limited capacity, coordination between institutions, and a lack of sensitivity to the victims' perspective. This study recommends strengthening the capacity of law enforcement officials through training on gender perspectives and the implementation of the TPKS Law, continuous education on social morality at the community level, and strengthening inter-agency coordination to improve victim protection and the effectiveness of criminal law policy in Cianjur Regency.

M. Ariessandy Agustin

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Efforts to protect children who are victims of sexual violence crimes in Mesuji Regency have been carried out through the establishment of the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). However, in practice, cases of sexual violence against children continue to occur. This study aims to analyze the role of the UPTD PPA of Mesuji Regency in fulfilling the rights of child victims of sexual violence crimes and to identify the factors that hinder the implementation of this role. This research employs normative juridical and empirical approaches. Data were collected through literature review and field studies, with informants consisting of the Head of the Mesuji Regency Office for Women’s Empowerment and Child Protection, the Head of the UPTD PPA of Mesuji Regency, and a lecturer in criminal law from the Faculty of Law, University of Lampung. Data analysis was conducted qualitatively. The results show that, normatively, the role of the UPTD PPA of Mesuji Regency has been implemented based on the prevailing laws and regulations, including the Child Protection Law, the Law on Sexual Violence Crimes, and regulations concerning the UPTD PPA. Factually, the UPTD PPA carries out preventive, handling, and recovery efforts through legal, medical, and psychological protection for child victims. However, the implementation of this role has not been optimal due to several inhibiting factors, namely limitations in human resources, inadequate facilities and infrastructure, low community participation and awareness, and cultural factors characterized by individualism. This study recommends optimizing the performance of the UPTD PPA through improvements in human resources, facilities and infrastructure, and strengthening community involvement in child protection.

Adhe Fadli Farhan; Eki Darmawan; Kustiawan Kustiawan; Yudhanto Satyagraha Adiputra; Erta Kurnia Sapitri +2 more

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study evaluates the effectiveness of the SOSEK MALINDO (Malaysian-Indonesian Socio-Economic) regional collaboration program in addressing human trafficking, coordinated by the Regional Border Management Agency (BPPD) of the Riau Islands Province (Kepri). The Riau Islands Province, which borders Malaysia and Singapore, is a strategic entry point vulnerable to transnational crimes, including human trafficking. The main factors driving the people of Kepri to choose illegal routes to become Indonesian Migrant Workers (TKI) to Malaysia are economic pressure, limited job opportunities, attractive promises from brokers (tekong), complex and expensive official bureaucracy, and a lack of accurate information about official procedures. This situation is exploited by human trafficking networks through hidden routes, illegal ports, and methods of illegal labor and sexual exploitation. Although SOSEK MALINDO aims to improve the socio-economic welfare of communities in border areas and indirectly functions to reduce vulnerability to human trafficking, this program does not specifically make human trafficking its main focus. The BPPD plays a very important role as a liaison in cooperation with the Indonesian National Police, Immigration, and BP3MI for prevention and supervision. However, the BPPD faces challenges such as limited funding, overlapping authority between institutions, and a lack of accurate data on human trafficking. Strategic recommendations include making human trafficking a primary focus of the SOSEK MALINDO forum agenda, establishing a dedicated cross-border human trafficking task force, strengthening the BPPD's role in coordination and information gathering, and involving local communities, NGOs, and international organizations in mitigation efforts.

Venna Paulina; Wulan Andini; Roza Andriani

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Based on article (Shelley, 2010) Human Trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or corcecion for the purpose of exploiting them profit. This exploitation may include forced labor, sexual slavery, or other forms of commercial sexual exploitation. It is considered a serious violation of human rights and includes a form of modern slavery, a crime against humanity. Human trafficking is a global threat that requires serious attention and real action. Factors such as poverty, political instability, and lack of public awareness make human trafficking increasingly difficult to eradicate. Therefore, there is a need for international cooperation, government, and community cooperation to prevent, protect, and recover victims of human trafficking. Human trafficking is a serious crime that continues to grow, including in Cambodia, which is vulnerable due to geographical and socioeconomic factors. This study aims to analyze the handling of human trafficking cases in Cambodia from the perspective of international legal policy. Sexual exploitation, forced labor, and organ trafficking are the main forms of this crime. Although Cambodia has adopted various laws, its implementation is still hampered by limited resources, corruption, and weak cooperation between countries. International community support such as the Palermo Protocol has helped, but law enforcement remains inconsistent. This study emphasizes the importance of stricter law enforcement and an adequate rehabilitation system for victims. Collaboration between governments and NGOs is urgently needed to create effective solutions and better protection for victims of human trafficking.

Budi Prayitno; M. Syahrul Borman; Duduik Djaja Sidarta

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Children constitute a vulnerable group requiring protection from sexual crimes, including pedophilia. This research aims to examine criminal law provisions protecting child victims of pedophilia crimes in Indonesia and identify obstacles in their implementation. Using a normative juridical method with statutory and conceptual approaches, the findings demonstrate that legal protection is comprehensively regulated through the Criminal Code (KUHP), the Child Protection Law (Law Number 35 of 2014), Law Number 17 of 2016, and the Electronic Information and Transactions Law (ITE). These regulations provide a strong legal basis both in terms of principal criminal sanctions and additional sanctions such as chemical castration, electronic monitoring device installation, and perpetrator identity disclosure. The regulations also emphasize victims' rights to medical and psychological rehabilitation as well as identity protection. However, implementation faces several obstacles, including low case reporting rates due to stigma and taboo culture, evidentiary difficulties arising from victim trauma, weak inter-agency coordination, limited resources, and the emergence of digital pedophilia modi. Efforts to address these obstacles include strengthening law enforcement capacity, providing child-friendly justice systems, comprehensive rehabilitation services, public legal education, and synergy between government and non-government institutions in child protection.

Eko Budi Santoso; M. Syahrul Borman; Nur Handayati

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research aims to analyze the application of material criminal law against perpetrators of sexual abuse crimes against children and examine the judge's considerations in sentencing in cases of sexual abuse against children committed by teachers. The study focuses on Court Decision Number 1649/Pid.Sus/2020/PN.Mks, where a Quran teacher was convicted of committing sexual abuse against several of his students. This normative legal research employs statutory and case approaches, analyzing primary legal materials including the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, and the aforementioned court decision. The findings indicate that the application of material criminal law in this case has been in accordance with Article 82 paragraph (1), jo Article 76E of the Child Protection Law, where all elements of the crime were proven fulfilled. However, the judge's consideration in sentencing raises critical concerns regarding the application of aggravating factors. Under Article 82 paragraph (4) of the Child Protection Law, when sexual abuse is committed by educators, the punishment should be increased by one-third. The court sentenced the defendant to 6 years and 6 months imprisonment and a fine of Rp. 60,000,000, whereas according to the applicable law with aggravating factors, the sentence should have been 8 years and 8 months imprisonment. The study also identifies obstacles in handling such cases, including children's difficulty in revealing traumatic events, victims' fear and shame, limited witnesses, threats from perpetrators, and inadequate resources. The research recommends consistent application of sentence enhancement for perpetrators who are educators, improved inter-agency cooperation in handling child victims, enhanced school security measures, and comprehensive legal protection for child victims throughout the judicial process.  

Anggi Lia Liswati; Taun Taun

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The advancement of Artificial Intelligence (AI) technology has generated significant benefits while simultaneously creating new opportunities for cyber-based sexual offenses, particularly through deepfake technology, which enables the manipulation of a person's face into pornographic content without consent. This study examines criminal liability for perpetrators of AI-based sexual harassment and legal protection for victims in deepfake pornography cases, focusing on a case involving a student at Udayana University, Bali. This research employs a normative legal method by analyzing primary, secondary, and tertiary legal materials. The findings indicate that although Indonesian law does not yet explicitly regulate deepfake technology, perpetrators can still be prosecuted under the Electronic Information and Transactions Law, Pornography Law, Sexual Violence Law, and the new Criminal Code. Criminal intent is established through the deliberate manipulation, creation, and dissemination of non- consensual sexual content. Furthermore, victims are entitled to legal protection, including psychological recovery, privacy rights, restitution, and content removal. This study highlights the urgency of developing specific regulations addressing AI-related sexual crimes, enhancing forensic digital capabilities, and strengthening victim-centered protection mechanisms. The research contributes to the legal discourse on emerging digital crimes and emphasizes the need for adaptive legal frameworks in the AI era.  

Putu Sherly Chandra Sasmitha; Ni Gusti Agung Ayu Mas Tri Wulandari; Ni Nyoman Juwita Arsawati; Putu Eva Ditayani Antari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The advancement of information technology has brought significant changes to society but also generated new crimes, such as online child sexual exploitation (cybersex trafficking). This study examines this phenomenon by focusing on the live streaming application "HOT51," which is frequently used as a medium for child exploitation. The research employs a qualitative descriptive analysis method based on secondary data from official reports and related literature. Findings indicate that the easy access to modified APK applications facilitates sexual exploitation of children, the most vulnerable group. Indonesian regulations already address child protection, but implementation faces challenges such as low digital literacy and weak supervision of digital platforms. This study emphasizes the need for tightened monitoring, digital literacy education, and active parental roles to reduce the risk of sexual exploitation in the digital realm. The contribution lies in enhancing understanding of child protection challenges in the digital era and highlighting the importance of adaptive regulations and multi-stakeholder cooperation to safeguard child rights and safety.

Depasbond Vijaya; Tri Andrisman; Sri Riski

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of increasing sexual violence crimes committed by children in Indonesia poses a dilemma for law enforcement. Children as perpetrators are legally responsible subjects, but they still require special protection. This study analyzes the dualism in the regulations of Law No. 11 of 2012 on the Juvenile Criminal Justice Sistem (UU SPPA) and Law No. 35 of 2014 on Child Protection. A normative and empirical legal approach is used to assess the substance, philosophy, and implementation of both laws. The results indicate inconsistencies in the application of restorative justice principles (diversion) and repressive sanctions. It is recommended that regulations be harmonized and the capacity of law enforcement officials be strengthened to achieve a fair and recovery-oriented sistem.

Minan Minan

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In society, there are terms like Lesbian, Gay, Bisexual, Transgender (LGBT) which are generally considered as a form of sexual orientation deviation. Sexual orientation itself refers to a person's emotional, physical, or romantic attraction to either the same or the opposite sex. Some countries legalize homosexual life, including same-sex marriage, but in the context of sexual deviation, homosexuality is considered contrary to the norms and values maintained in society. Based on this, several issues are raised, namely how Indonesian criminal law, especially the Criminal Code (KUHP), regulates LGBT; looking at Law Number 39 of 1999 concerning Human Rights for LGBT; and what legal efforts are made by the government to address issues related to LGBT. The author uses a descriptive analytical research method, with a normative descriptive approach that examines literature and regulations using qualitative legal analysis. The research results show that the provisions regarding homosexuality in Indonesian criminal law, which include Lesbian, Gay, Bisexual, and Transgender, are contained in Book II of the Criminal Code, Chapter XIV concerning Sexual Crimes, Article 292, and for cases involving children, are stipulated in Article 82 paragraph (1) of Law Number 35 of 2014. Furthermore, there is no legal recognition of homosexuality, and the law only permits homosexual practices involving children under the age of majority. The constitution recognizes human rights with limitations that may not conflict with regulations, morals, religious values, or public safety. The government is making efforts by coordinating not only with the LGBT community but also with relevant agencies, preventing violations arising from policies or systems, and continuously raising awareness among the government, the public, and various parties regarding human rights principles.

Murshal Senjaya

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In the customary law system, there is a pattern of punishment and prosecution which is more or less similar to the Islamic legal system, where the role of the victim's family is very important in determining whether or not the perpetrator will be prosecuted and punished. In customary law, legal settlements are carried out with an emphasis on togetherness or harmony. Settlement of criminal cases, especially bullying through customary law, is a process of resolving cases outside of court which consists of first, a mediation system with a consensus approach through deliberation. Second, the restorative justice system is a case resolution system with the aim of restoring the situation that arose for the victim so that a sense of brotherhood between each party is re-established. This system produces an agreement that is a win-win solution, guarantees the confidentiality of the parties' disputes, avoids delays caused by procedural and administrative matters, and resolves problems comprehensively together and while maintaining good relations. Thus, these customary sanctions do not provide legal protection and fulfillment of children's rights for children who are victims of sexual violence. In sexual crimes against children, children are positioned as victims who experience detrimental impacts, namely physical and psychological harm. Therefore, it is mandatory to be protected, not judged.

Diyanggi Priya Romaito Pane; Alexandro Wiranto Tambe

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Technological developments in the modern era have experienced rapid growth, one of which is through the advancement of Artificial Intelligence (AI). This technology has now become an integral part of people's daily lives because it can provide convenience, efficiency, and innovation in various fields. However, behind the benefits offered, AI also carries potential risks, especially when misused. One of the most worrying forms of misuse is deepfakes, namely AI-based digital content manipulation that can convincingly imitate a person's voice, face, and movements. Deepfakes have triggered various digital crimes, such as identity forgery, the creation and distribution of non-consensual pornographic content including sexual exploitation, blackmailing, the spread of fake news (hoaxes), digital terror, fraud, and defamation. The increasingly sophisticated level of AI in manipulating data demands swift action, appropriate regulations, and effective oversight strategies from the government to anticipate its negative impacts. This research uses a normative juridical method with a statute approach and a conceptual approach. This approach allows for a comprehensive analysis of the existing legal framework, the concept of legal protection, and the urgency of establishing new regulations related to AI technology. The research findings indicate that the government needs to take a number of strategic steps, including: (1) drafting specific regulations governing the use and limitations of AI, particularly regarding deepfakes; (2) developing and implementing effective deepfake detection technology; (3) providing protection, recovery, and rehabilitation mechanisms for victims; and (4) implementing widespread public education to raise public awareness of the risks of AI misuse.

Mutiara Nuqi Agustiana Putri; Rehnalemken Ginting

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The increasing number of rape crimes by child perpetrators is a serious problem that needs to be reviewed in depth, not only from a legal aspect, but also from a criminological perspective that takes into account the child's social, psychological and environmental background. The type of research used is empirical legal research with a descriptive-analytical approach. This study relies on primary data obtained through direct interviews with staff at the Surakarta Correctional Facility and literature reviews of relevant laws and scientific literature. The results of the study indicate that internal factors such as past trauma, psychological disorders, and lack of moral understanding, as well as external factors such as family and social environments and weak supervision, are triggers for children to commit rape. The role of BAPAS Surakarta is proven to be crucial in efforts to provide support, rehabilitation, and social reintegration for children following court rulings. This study is expected to contribute scientifically to efforts to prevent and address sexual violence by children, as well as provide input for the government and correctional institutions in developing policies based on a child protection approach.

Ahmad Senang; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.