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All Journal Jurnal Litigasi Amsir Priviet Social Sciences Journal
Utami, Feby Reski
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Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Kekerasan Seksual Terhadap Anak: Analisis Relasi Pelaku-Korban dan Dampaknya Terhadap Anak sebagai Korban Utami, Feby Reski; Irawan, Benny; Maulana, M. Ramzi
Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober)
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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Abstract

Cases of sexual violence against children in Indonesia have shown a significant increase in both quantity and severity. Most perpetrators are found to be individuals within the victim’s close environment such as family members, teachers, or community figures, making the issue more complex to address. This study aims to analyze the relationship between perpetrators and victims and the resulting impacts on children as victims of sexual violence. The research employs a normative juridical method with statutory and case approaches. Data were collected through a literature study by reviewing relevant regulations, including Law No. 17 of 2016 on Child Protection and Law No. 12 of 2022 on Sexual Violence Crimes. The findings reveal that children are a highly vulnerable group due to their dependence and power imbalance with adults. The impacts of sexual violence include physical, psychological, emotional, and social consequences, such as trauma, depression, fear, and difficulty forming social relationships. The study concludes that effective prevention and law enforcement require collaboration among families, educational institutions, communities, and the state. Strengthening legal protection and implementing rehabilitation for victims are strategic steps toward achieving justice and restoring the rights of children as the nation’s future generation. Keywords: sexual violence, children, criminal law, child protection, psychological trauma
Perubahan Ketentuan Persetujuan Tergugat Dalam E-Court : Progresif atau Regresif? Kusumahpraja, Reza Kautsar; Aldabena, M. Reyhan; Utami, Feby Reski
Jurnal Litigasi Amsir 2025: Special Isu (September-Oktober)
Publisher : Faculty of Law Andi Sapada Institute of Social Sciences and Business

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The rapid development of technology requires the legal system to adapt, including the implementation of E-Court (electronic court) regulated by Perma Number 7 of 2022. The main goal of E-Court is to create a judicial process that is faster, more efficient, and cost-effective. However, the significant changes outlined in Perma Number 7 of 2022, particularly the removal of the requirement for the defendant's consent in the implementation of E-Court, raises concerns about the sustainability of progressive legal principles. While this change may accelerate the judicial process, it risks overlooking the rights of defendants who face limitations in access to technology. Therefore, this research aims to analyze the changes in the defendant's consent requirement in E-Court from the perspective of progressive law. The research method used is normative legal research, with an approach to statutory regulations and conceptual approach. The research findings indicate that although this regulation aims to create a more efficient judicial process, there is a risk of unequal access that must be considered, especially for defendants who lack adequate digital literacy. As a recommendation, it is suggested to implement a hybrid trial model, which combines both online and offline hearings, to maintain a balance between efficiency and fairness for all parties involved
Admissibility of digital evidence in Indonesia: Criminal–civil implications for the chain of custody and evidentiary validity Anggraeniko, Litya Surisdani; Ambarwati, Auliah; Utami, Feby Reski
Priviet Social Sciences Journal Vol. 6 No. 4 (2026): April 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i4.1566

Abstract

Digital evidence has become a cornerstone of modern litigation in Indonesia; however, its admissibility remains complex because of the varying standards of proof across legal regimes. This study analyzes the construction of digital evidence admissibility following the enactment of Law No. 20 of 2025 (The New Criminal Procedure Code) and its harmonization with Law No. 11 of 2008 (UU ITE). Methodologically, this research employs a doctrinal legal analysis with a conceptual and statutory approach, utilizing court judgments as doctrinal illustrations to identify judicial inconsistencies in handling electronic data. The findings reveal that while Article 177 paragraph (1) letter f of Law No. 20/2025 now explicitly recognizes electronic information as independent evidence, its validity is strictly contingent upon Chain of Custody (CoC) compliance. In criminal proceedings, CoC lapses, such as failure in hashing or unauthorized access, frequently lead to the exclusion of evidence beyond a reasonable doubt. Conversely, in civil cases, procedural defects typically result in a reduction in probative value rather than total inadmissibility, governed by the principle of functional equivalence. To mitigate judicial disparity, this study proposes a Criminal–Civil Admissibility Matrix and a Minimum CoC Checklist comprising five technical indicators: lawful acquisition, hashing, forensic imaging, documented transfer, and expert certification. These frameworks serve as normative guides to ensure the integrity, authenticity, and reliability of digital proof in the Indonesian judiciary.
Co-Authors Aldabena, M. Reyhan Anggraeniko, Litya Surisdani Auliah Ambarwati Benny Irawan Kusumahpraja, Reza Kautsar Maulana, M. Ramzi