Bambang Waluyo
Universitas Pembangunan Nasional “Veteran” Jakarta, Jakarta, Indonesia

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​Justice, Equality, Gender Perspective: A Critical Analysis of Women as Perpetrators of Sexual Violence Crimes Rosalia Dika Agustanti; Bambang Waluyo
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 2 (2026): October
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6.n2.p105-119.2026

Abstract

Purpose: This study examines criminal accountability and rights protection for women accused of sexual violence offenses in Indonesia, focusing on gender equity within the criminal justice system.Research Methodology: This normative legal study applies statutory and conceptual approaches through a literature review of the Criminal Code, Criminal Procedure Code, Law Number 12 of 2022 concerning Sexual Violence Crimes, Supreme Court Regulation Number 3 of 2017, and relevant scholarly literature.Results: Women may incur criminal liability when their conduct satisfies statutory offense elements and they possess the capacity for criminal responsibility. Their procedural rights nevertheless require protection, including humane treatment, freedom from discrimination and intimidation, legal assistance, healthcare, psychological support, and accommodation of biological and reproductive needs throughout criminal proceedings.Conclusions: Criminal accountability and gender equity are complementary obligations. Law enforcement should apply criminal provisions consistently while ensuring that investigative, prosecutorial, judicial, and correctional practices respect women's dignity and specific needs without compromising victims' rights or due process.Limitations: The analysis is confined to normative legal materials and does not empirically assess institutional practices or systematically examine judicial decisions involving female perpetrators.Contributions: This study offers a normative application of procedural justice theory, informed by recent research on incarcerated women, to female sexual violence defendants. It connects fair treatment, dignity, and gender responsiveness with criminal accountability, providing a conceptual basis for evaluating rights protection throughout Indonesia's criminal justice process and identifying procedural safeguards that address their specific vulnerabilities.