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p-Index From 2021 - 2026
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All Journal Journal of Law, Administration, and Social Science PATTIMURA Legal Journal
Husni Mubarak
Faculty Of Law, Universitas Jember, Jember, Indonesia
Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Politics of the Sexual Violence Crimes Act in Indonesia: Political Configuration and Its Relevance to the Fulfillment of Human Rights Riswandha Imawan; Moh. Muhibbin; Ahmad Bastomi; Aji Purnomo; Husni Mubarak
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v5i1.24615

Abstract

Introduction: Sexual violence in Indonesia continues to increase, indicating serious challenges in the protection and fulfilment of human rights. Although sexual violence is internationally recognised as a grave violation of human rights under the Rome Statute of 1998, the provisions of the former Criminal Code were inadequate to address its complex and diverse forms, thereby necessitating comprehensive legal reform. Purposes of the Research: This study aims to analyse the legal politics of the Sexual Violence Crimes Act by examining the political configuration underlying its formation and its relevance to the fulfilment of human rights. Methods of the Research: This study uses normative legal research with secondary data based on literature studies and qualitative analysis, combining a legislative and conceptual approach as well as legal policy analysis. Results Main Findings of the Research: The study finds that the Sexual Violence Crimes Act was shaped by a democratic political configuration that enabled strong public participation, resulting in a responsive and victim-oriented legal framework. This research contributes by demonstrating a direct link between political configuration and the law’s effectiveness in fulfilling human rights, positioning the Sexual Violence Crimes Act as a transformative, human rights-based legal reform in Indonesia.
Reconstruction of legal protection for public institutions in the ITE Law after The Constitutional Court decision 105/PUU-XXII/2024 Husni Mubarak; Aji Purnomo; Riswandha Imawan
Journal of Law, Administration, and Social Science Vol 6 No 1 (2026)
Publisher : PT WIM Solusi Prima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54957/jolas.v6i1.1996

Abstract

The rapid expansion of digital communication has intensified public expression while simultaneously increasing the use of Article 27A of the ITE Law by state institutions to respond to public criticism, which culminated in Constitutional Court Decision Number 105/PUU-XXII/2024 that reinterpreted the phrase “other person” by excluding public institutions as victims of defamation, thereby generating significant debate regarding the balance between freedom of expression and the protection of state institutions Objective: This study aims to examine the legal status of public institutions after the Constitutional Court’s decision and to analyze the juridical implications of removing criminal protection within the framework of the principle of institutional protection in a constitutional democracy. Methodology: The research employs a normative legal approach using statutory and conceptual methods through the analysis of the Constitutional Court’s ruling, legal doctrines in criminal and constitutional law, and relevant scholarly literature on freedom of expression and institutional reputation. Findings: The results indicate that the concept of honor protected under defamation law is inherently personal and attached to individuals, not institutional entities, thus public institutions no longer possess legal standing as victims in criminal defamation cases, while institutional protection can still be pursued through civil remedies, rights of reply, and administrative clarification mechanisms. Implications: This study underscores that the removal of criminal protection for public institutions does not weaken state authority but instead strengthens democratic governance by preventing the criminalization of criticism, safeguarding freedom of expression, and promoting proportional, transparent, and rights-based mechanisms for protecting institutional credibility in the digital public sphere. Kata Kunci: Mahkamah Konstitusi, Perlindungan Hukum, Kebebasan Ekspresi.
Co-Authors Ahmad Bastomi Aji Purnomo Moh. Muhibbin Riswandha Imawan