Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)

Law Number 12 of 2022 Regarding Crime of Sexual Violence as a Role and Form of Legal Protection of Victims of Sexual Violence in Indonesia

Authors
Nida Salmah1, *, Ujang Badru Jaman1
1Law Study Program, Nusa Putra University, Sukabumi, West Java, Indonesia
*Corresponding author. Email: nida.salmah_hk19@nusaputra.ac.id
Corresponding Author
Nida Salmah
Available Online 30 August 2024.
DOI
10.2991/978-2-38476-279-8_23How to use a DOI?
Keywords
Legal Protection; Victims of Sexual Violence
Abstract

Sexual violence is not about morality or punishment but rather about power dynamics and the exploitation of the weak by the powerful. The issue lies with the perpetrators who feel empowered to use victims for sexual gratification, not with the victims themselves. Consequently, victims of sexual violence can include not only women but also children and men in vulnerable positions. In patriarchal societies, women are often viewed as powerless and therefore more susceptible to such abuse. This vulnerability is even greater for individuals with disabilities. Sexual violence will persist unless the state takes decisive action, such as enacting comprehensive laws against it. Laws addressing sexual violence should be part of a broader political strategy to eradicate it, focusing not just on severe sanctions or punitive measures but also on prevention. Effective prevention involves more than simply protecting women; it requires challenging and changing societal attitudes towards relationships and sexuality. Education plays a crucial role in this, extending beyond formal classroom learning to include daily practices and interactions. By dismantling gender-based barriers and promoting equal humanity, we can address the root causes of sexual violence. Sexual violence encompasses any non-consensual sexual act, including those involving adults and children, known as child sexual abuse when consent cannot be given. Additionally, sexual violence within legal partnerships, such as between spouses, is a form of domestic violence. Unwanted sexual contact or threats from a husband or ex-husband can be considered rape in some jurisdictions and may be classified as assault.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
30 August 2024
ISBN
978-2-38476-279-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-279-8_23How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - Nida Salmah
AU  - Ujang Badru Jaman
PY  - 2024
DA  - 2024/08/30
TI  - Law Number 12 of 2022 Regarding Crime of Sexual Violence as a Role and Form of Legal Protection of Victims of Sexual Violence in Indonesia
BT  - Proceedings of the International Conference on Law, Public Policy, and Human Rights (ICLaPH 2023)
PB  - Atlantis Press
SP  - 206
EP  - 213
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-279-8_23
DO  - 10.2991/978-2-38476-279-8_23
ID  - Salmah2024
ER  -