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All Journal Kosmik Hukum
Muhammad Thalib Ibrahim
Al Ahgaaf Tarim University
Law, Crime, Criminology & Criminal Justice Social Sciences

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Aligning Maqāṣid al-Sharī'ah with Indonesian Criminal Law Policy: Strengthening Victim Protection in Sexual Violence Cases Elfa Murdiana; Muhammad Thalib Ibrahim; Ainul Masruroh; Gautam Kumar Jha
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.27424

Abstract

This article examines criminal law policy related to sexual violence, focusing on the harmonization of Islamic legal values and national regulations for victim protection. This study highlights legal reforms through Law No. 12 of 2022 on Sexual Violence Crimes (Anti-Sexual Violence Law). The research approach used is juridical-normative and qualitative, with descriptive-comparative analysis of regulatory documents. The findings show that the Anti-Sexual Violence Law shifts the criminal justice system towards victim protection, adopting a restorative and multidimensional approach. The legal substance internalizes the principle of maqāṣid al-sharī‘ah as the ethical foundation for upholding the dignity of victims. However, implementation still faces challenges, particularly inconsistencies in the application of victims' rights such as restitution, identity protection, and the use of electronic evidence, which are often merely normative without consistent implementation. The lack of harmonization of derivative regulations exacerbates the situation, making it difficult for officials to optimally implement the Anti-Sexual Violence Law. This article recommends structural reforms and values-based training to bridge the gap between legal norms and enforcement practices.
Co-Authors Ainul Masruroh Elfa Murdiana Gautam Kumar Jha