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All Journal Journal Indonesia Law and Policy Review (JILPR)
Rizky Pratama Putra Karo Karo
Marshal Suryadarma Aerospace University, East Jakarta, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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VIOLENCE AS A FORMAL AND MATERIAL CRIME IN THE KUHP AND THE TPKS LAW: A COMPARATIVE CONCEPTUAL STUDY Jenri Ranteallo; Rizky Pratama Putra Karo Karo; Diding Rahmat
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.624

Abstract

Regulations on violence as a material offense in the Criminal Code (KUHP) and as a formal offense in Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), with a focus on conceptual differences and their implications for criminal law enforcement in Indonesia. Violence in criminal law is not only related to the use of physical force, but also includes non-physical acts that attack the human dignity, personal freedom, and bodily au-tonomy of victims, particularly in the context of sexual violence. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a comparative approach. The legal materials used include legislation, criminal law doctrine, and relevant literature. The analysis was conducted qualitatively by assessing the structure of the offense, protected legal interests, and evidentiary implications in each regulation. The results show that the Criminal Code predominantly formulates violence as a material offense that requires physical consequences and a causal relationship between the act and the consequences. This approach provides legal certainty, but has limitations in covering non-physical forms of vio-lence and sexual violence based on power relations. In contrast, the TPKS Law uses a formal crime approach that emphasizes the perpetrator's actions and the context of their relationship with the victim, without requiring any specific physical consequences. This approach strengthens victim protection and facilitates evidence in criminal justice practice. This study concludes that the differences in the regulation of violence as a material crime and a formal crime reflect a paradigm shift in Indonesian criminal law toward a more victim-oriented ap-proach. The Criminal Code and the TPKS Law complement each other within the national criminal law system and require proportional understanding in their application by law en-forcement officials.
ANALYSIS OF THE PROSECUTOR'S WIREBREAKING AUTHORITY IN HANDLING TERRORISM CRIMES Kadek Sudhi Asthawa; Sujono; Rizky Pratama Putra Karo Karo
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.626

Abstract

This study analyzes the Attorney General's authority to wiretap in handling terrorism crimes from the perspective of the principle of justice in the Pancasila rule of law and its implications for the protection of human rights. Wiretapping is an exceptional and intrusive law enforcement instrument because it limits the right to privacy and confidentiality of communications. Therefore, its implementation must be based on clear authority, strict legal procedures, and effective oversight mechanisms. This study uses a normative legal research method with a statutory, conceptual, and analytical approach. The analysis was conducted on the Attorney General's Law, the Law on the Eradication of Terrorism Crimes, the new Criminal Procedure Code, and human rights protection instruments. The analytical framework uses the Pancasila rule of law theory, the theory of authority, and the theory of the right to privacy. The results of the study indicate that the Indonesian legal system positions wiretapping as a coercive measure that can only be carried out by institutions that have express authority from the law. The Attorney General's law enforcement intelligence authority does not explicitly include wiretapping authority. In the practice of counterterrorism, the Attorney General's Office plays more of a role as a user of wiretapping results. This lack of clarity in regulations has the potential to create legal uncertainty and the risk of human rights violations. Therefore, regulatory clarification and harmonization are needed to ensure that wiretapping authority aligns with the principles of justice, the Pancasila state based on law, and the protection of human rights.
LEGAL PROTECTION FOR CHILD VICTIMS OF VIOLENCE THROUGH LPSK IN THE CRIMINAL JUSTICE SYSTEM Yola Iskandar; Bambang Widarto; Rizky Pratama Putra Karo Karo
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i3.645

Abstract

The protection of children who are victims of violence is a constitutional obligation of the state as specified in Article 28B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the practice of the criminal justice system, child victims often experience multiple vulnerabilities such as intimidation, repeated trauma (revictimization), social stigma, and the lack of fulfillment of their rights to recovery and restitution. In this context, the Witness and Victim Protection Agency (LPSK) as an independent state institution plays a strategic role in ensuring the protection and fulfillment of the rights of child victims, as regulated in Law Number 31 of 2014 concerning the Protection of Witnesses and Victims and Government Regulation Number 43 of 2017 concerning the implementation of restitution for children who become victims of criminal acts. This research employs a normative legal research method using statutory, conceptual, and case approaches. The data consists of primary, secondary, and tertiary legal materials analyzed through qualitative juridical analysis. The study aims to examine the forms of legal protection provided by LPSK for child victims of violence within the criminal justice system and to identify obstacles in its implementation. The results show that LPSK provides protection including physical and psychological protection, legal assistance during judicial processes, medical support, psychological and psychosocial rehabilitation, and facilitation of restitution and compensation rights. However, several challenges remain, including weak restitution enforcement mechanisms, limited institutional resources, inadequate child-friendly facilities, suboptimal coordination among law enforcement agencies, and persistent victim-blaming attitudes within society.
Co-Authors Bambang Widarto Diding Rahmat Jenri Ranteallo Kadek Sudhi Asthawa Sujono Yola Iskandar