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All Journal Journal of Development Research Journal of Law, Poliitic and Humanities
Sumartini Dewi
Universitas 17 Agustus 1945 Semarang
Humanities Civil Engineering, Building, Construction & Architecture Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Actions of Electronic-Based Sexual Violence Post the Enforcement of Law Number 12 Of 2022 Concerning Criminal Actions of Sexual Violence Pratiwi Ayu Sri Daulat; Sri Setiawati; Sumartini Dewi
Journal of Development Research Vol. 8 No. 1 (2024): Volume 8, Number 1, May 2024
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v8i1.362

Abstract

Law Number 12 of 2022 concerning Crimes of Sexual Violence has become an important milestone in law enforcement efforts against sexual crimes, including electronic-based sexual violence. This research will discuss the legis ratio for regulating electronic-based sexual violence crimes and then discuss the harmonization of provisions for electronic-based sexual violence crimes after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes. The research method used is normative, using a statutory approach, conceptual approach and case approach. The results of the research conclude, firstly, that the main basis for the provision of electronic-based sexual violence crimes is based on the 1945 Constitution which guarantees the protection of the rights of every citizen from all acts of violence. Second, before the legalization and enactment of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), the legal provisions regarding sexual violence were spread across various laws and regulations. However, there are no provisions that explicitly mention electronic-based sexual violence. So that it becomes dynamic in law enforcement.
Reorientation of the Purpose of Punishment in the National Criminal Code: A Humanistic Approach in Indonesian Criminal Law Sumartini Dewi; Sri Setiawati
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3148

Abstract

The reform of criminal law in Indonesia through Law Number 1 of 2023 concerning the National Criminal Code represents a significant transformation in the orientation of the national sentencing system. Historically, Indonesia’s criminal justice framework has largely been influenced by a retributive paradigm, where punishment is primarily viewed as retaliation for criminal acts committed by offenders. However, the development of modern criminal law thought has encouraged the adoption of a more comprehensive approach that emphasizes humanitarian values. In this context, the National Criminal Code introduces a new paradigm that incorporates humanistic and restorative principles, while emphasizing social recovery. This approach does not merely focus on imposing sanctions on offenders, but also seeks to repair the social relationships disrupted by crime, ensure adequate protection for victims, and support the rehabilitation and social reintegration of offenders. This study aims to examine the reorientation of sentencing objectives under the National Criminal Code and to analyze how a humanistic approach is integrated into Indonesia’s criminal law framework. The research employs a normative juridical method, utilizing statutory and conceptual approaches. The analysis is conducted through an examination of the provisions contained in the National Criminal Code as well as relevant criminal law literature. The findings indicate that the National Criminal Code establishes a new direction for the Indonesian sentencing system by emphasizing a balance between public protection, victim restoration, and offender rehabilitation. Consequently, punishment is no longer solely perceived as a mechanism of retaliation, but rather as a legal instrument aimed at achieving substantive justice, maintaining social order, and promoting a more humane and equitable criminal justice system.
Co-Authors Pratiwi Ayu Sri Daulat Sri Setiawati