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All Journal Jurnal Penelitian Progresif (JPP)
Hotnida Suriani Siregar
Universitas Sahid Jakarta
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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NORMATIVE LURIDICAL ANALYSIS OF THE DISMISSAL OF THE PRETRIAL APPLICATION FOR THE DETERMINATION OF A SUSPECT IN THE CRIMINAL ACTS OF SEXUAL VIOLENCE AGAINST CHILDREN IN DECISION NUMBER 15/PID.PRA/2025/PN CBI Hotnida Suriani Siregar
Jurnal Penelitian Progresif Vol 5 No 2 (2026): MARCH 2026 - AUGUST 2026
Publisher : CV Naskah Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61992/jpp.v5i2.355

Abstract

Sexual violence against children constitutes a serious structural problem that has driven the strengthening of child protection regulations in Indonesia, including the enactment of Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS) and Law Number 20 of 2025 on the New Criminal Procedure Code (New KUHAP). This study aims to analyze the normative juridical construction of the lapse of a pretrial petition concerning the designation of a suspect in child sexual violence cases based on Constitutional Court Decision Number 102/PUU-XIII/2015 as reflected in Decision Number 15/Pid.Pra/2025/PN Cbi, and to examine its implications for the legal protection of child victims from an integrative perspective of UU TPKS and the New KUHAP. The method employed is normative legal research utilizing statutory, case, and conceptual approaches, with a descriptive-analytical character and deductive reasoning based on library research. The findings indicate that the lapse of the pretrial petition must adhere to the limitative constitutional standard established in Constitutional Court Decision Number 102/PUU-XIII/2015, whereby a pretrial petition is only constitutionally valid as lapsed upon the actual reading of the indictment in the principal trial proceedings, not merely upon case referral. The New KUHAP codifies this interpretation, thereby eliminating procedural manipulation through artificial case acceleration. The synergy between UU TPKS and the New KUHAP forms a normative ecosystem that positions child victims as legal subjects entitled to protection at every stage of the legal process, including pretrial. A properly applied pretrial lapse actually accelerates the realization of restitution rights and victim recovery. The study concludes that the pretrial lapse doctrine is not an automatic mechanism but a judicial instrument requiring factual verification that must reconcile the principle of due process of law with a victim-centered approach. It is recommended that judges conduct factual verification prior to issuing a lapse ruling and that law enforcement officers refrain from using case referral as a tactical instrument to nullify pretrial petitions.
LEGAL ANALYSIS OF GROSS HUMAN RIGHTS VIOLATIONS IN ARMED CONFLICT: A STUDY OF INTERNATIONAL COURT DECISIONS Jhonny Valentino; Hotnida Suriani Siregar; Vajriah Chairun Nisa'a Purba
Jurnal Penelitian Progresif Vol 5 No 2 (2026): MARCH 2026 - AUGUST 2026
Publisher : CV Naskah Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61992/jpp.v5i2.361

Abstract

Non- international armed conflicts consistently give rise to massive and systematic human rights violations , which demand a comprehensive international legal response . The case of The Prosecutor v. Dominic Ongwen ( ICC-02/04-01/15) is one of the most monumental decisions in the history of the International Criminal Court (ICC), presenting a previously untested legal dimension , particularly regarding the defendant 's dual status as a former child soldier and perpetrator of large -scale international crimes . This study aims to analyze the application of the 1998 Rome Statute and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (OPAC) in qualifying gross human rights violations in the Ongwen case , as well as to examine the ICC's legal considerations in determining criminal responsibility and sentencing of the defendant . The method used is normative legal research with a statutory approach , a case approach , and a conceptual approach , based on a literature study of primary, secondary , and tertiary legal materials . The research results show that the ICC successfully qualified 62 charges of war crimes and crimes against humanity based on Article 7 and Article 8 of the Rome Statute , including the recognition of forced marriage as another inhumane act and forced pregnancy as a war crime — both of which constitute historic jurisprudential precedents. The synergy between the Rome Statute and the OPAC strengthens the prosecution of the recruitment of children under the age of 15 , although the gap in the age threshold with the OPAC creates a normative gray area . The ICC rejected the duress defense and asserted that past victim status does not eliminate criminal responsibility, as confirmed by the 2022 appeals ruling . This study recommends harmonization of the age threshold between the two instruments , the development of a reparation mechanism based on psychosocial rehabilitation , and the strengthening of national legislation in criminalizing child recruitment by non-state actors .
Co-Authors Jhonny Valentino Vajriah Chairun Nisa'a Purba